Common use of HEADINGS; COUNTERPARTS; GOVERNING LAW; ASSIGNMENT; LIMITATION OF LIABILITY Clause in Contracts

HEADINGS; COUNTERPARTS; GOVERNING LAW; ASSIGNMENT; LIMITATION OF LIABILITY. 13.1 The Article and paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 13.2 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. 13.3 This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware. 13.4 This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and assigns no assignment or transfer hereof or of any rights or obligations hereunder shall be made by any party without the written consent of the other party. Nothing herein expressed or implied is intended or shall be construed to confer upon or give any person, firm, or corporation, other than the parties hereto and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. 13.5 It is expressly agreed that the obligations of the Funds hereunder shall not be binding upon any of the trustees, shareholders, nominees, officers, agents, or employees of the Trust personally, but shall bind only the respective trust property of the Funds, as provided in the Trust Instrument of the Trust. The execution and delivery of this Agreement have been authorized by the Board of Trustees of the Trust on behalf of each Fund and signed by authorized officers of the Trust, acting as such. Neither the authorization by such trustees nor the execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the respective trust property of the Funds as provided in the Trust's Trust Instrument.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Berger Investment Portfolio Trust)

HEADINGS; COUNTERPARTS; GOVERNING LAW; ASSIGNMENT; LIMITATION OF LIABILITY. 13.1 11.1 The Article and paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 13.2 11.2 This Agreement may be executed in any number of counterparts, counterparts each of which shall be deemed an original. 13.3 11.3 This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware. 13.4 11.4 This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and assigns assigns, but no assignment or transfer hereof or of any rights or obligations hereunder shall be made by any party without the written consent of the other party. Nothing herein expressed or implied is intended or shall be construed to confer upon or give any person, firm, firm or corporation, other than the parties hereto and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. 13.5 11.5 It is expressly agreed that the obligations of the Funds Trust hereunder shall not be binding upon any of the trustees, shareholders, nominees, officers, agents, agents or employees of the Trust personally, but shall bind only the respective trust property of the FundsTrust, as provided in the Trust Instrument of the Trust. The execution and delivery of this Agreement have been authorized by the Board of Trustees such officers of the Trust on behalf of each Fund and signed by authorized officers of the Trust, acting as such. Neither the authorization by such trustees nor the execution and delivery by such officers shall not be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the respective trust property of the Funds Trust as provided in the Trust Instrument of the Trust's . The Trust Instrumentis a series company with two series and has entered into this Agreement on behalf of the Successor Funds.

Appears in 1 contract

Sources: Reorganization Agreement (Janus Adviser)