Common use of Liability and Remedies Clause in Contracts

Liability and Remedies. (a) Boston Advisors shall not be liable for any loss suffered by the Trust in connection with the performance of Boston Advisors' obligations and duties under this Agreement, except to the extent that such loss results from negligence or willful misconduct in the performance of, or omission to perform, such obligations and duties. Boston Advisors shall not be deemed to have been negligent or to have engaged in willful misconduct with respect to any incorrect calculations of net asset value per share ("pricing errors") to the extent that a pricing error is based upon prices furnished by an independent pricing service prudently selected by Boston Advisors, provided that in the event that Boston Advisors receives a price from a pricing service for any security owned by the Trust which results in a pricing variance in excess of 10% of the prior business day's price for such security, Boston Advisors shall notify, via fax, the investment manager of the Trust of such pricing variance by 5:45 P.M. on the date that the pricing variance occurs. (b) Notwithstanding the provisions of Section 7(a), Boston Advisors shall be liable for any loss to the Trust resulting from a pricing error caused by Boston Advisors' own negligence to the extent that such loss resulted from an error in computation by Boston Advisors unless and to the extent that such pricing error resulted from incorrect information supplied or necessary information not provided by the Fund or any of its agents. (c) In the event of a pricing error, Boston Advisors shall correct such error promptly upon discovery and, if Boston Advisors is liable to the Trust for such error under this Section 7, Boston Advisor (acting through the Trust's transfer agent, but at the direction and responsibility of Boston Advisors), may seek to mitigate the loss or dilutive effect to certain shareholders resulting therefrom by adjusting share balances to the extent practicable for transactions executed while such error was in effect to reflect balances that should have resulted in the absence of such error ("reprocessing"), provided however that Boston Advisors shall not reprocess any account after 30 days after such error occurred (with each business day that such error occurred being considered a separate error) without the consent of the Trust. (d) For purposes of a pricing error for which Boston Advisors is liable under this Section 7, the Trust may have incurred a loss or there may have been dilution with respect to certain shareholders (i) if the pricing error resulted in a net asset value per share in excess of the actual net asset value per share ("overpricing") or (ii) if the error resulted in a net asset value per share that was less that the actual net asset value per share ("underpricing"). In the case of an overpricing error, shareholders who purchased shares during the pendency of such error may have their accounts reprocessed to reflect the additional shares which they should have received upon investment and any subsequent shares to which they should be entitled. Boston Advisors shall reimburse the Trust for all excess amounts per share paid out to redeeming shareholders during the pendency of an overpricing error if such excess amount per share exceeds .1 of 1% of the corrected net asset value per share of the Trust.

Liability and Remedies. (a) Boston Advisors shall not be liable for any loss suffered by the Trust in connection with the performance of Boston Advisors' obligations and duties under this Agreement, except to the extent that such loss results from negligence or willful misconduct in the performance of, or omission to perform, such obligations and duties. Boston Advisors shall not be deemed to have been negligent or to have engaged in willful misconduct with respect to any incorrect calculations of net asset value per share ("pricing errors") to the extent that a pricing error is based upon prices furnished by an independent pricing service prudently selected by Boston Advisors, provided that in the event that Boston Advisors receives a price from a pricing service for any security owned by the Trust which results in a pricing variance in excess of 10% of the prior business day's price for such security, Boston Advisors shall notify, via fax, the investment manager of the Trust of such pricing variance by 5:45 P.M. on the date that the pricing variance occurs. (b) Notwithstanding the provisions of Section 7(a), Boston Advisors shall be liable for any loss to the Trust resulting from a pricing error caused by Boston Advisors' Advisors own negligence to the extent that such loss resulted from an error in computation by Boston Advisors unless and to the extent that such pricing error resulted from incorrect information supplied or necessary information not provided by the Fund or any of its agents. (c) In the event of a pricing error, Boston Advisors shall correct such error promptly upon discovery and, if Boston Advisors is liable to the Trust for such error under this Section 7, Boston Advisor (acting through the Trust's transfer agent, but at the direction and responsibility of Boston Advisors), may seek to mitigate the loss or dilutive effect to certain shareholders resulting therefrom by adjusting share balances to the extent practicable for transactions executed while such error was in effect to reflect balances that should have resulted in the absence of such error ("reprocessing"), provided however that Boston Advisors shall not reprocess any account after 30 days after such error occurred (with each business day that such error occurred being considered a separate error) without the consent of the Trust. (d) For purposes of a pricing error for which Boston Advisors is liable under this Section 7, the Trust may have incurred a loss or there may have been dilution with respect to certain shareholders (i) if the pricing error resulted in a net asset value per share in excess of the actual net asset value per share ("overpricing") or (ii) if the error resulted in a net asset value per share that was less that the actual net asset value per share ("underpricing"). In the case of an overpricing error, shareholders who purchased shares during the pendency of such error may have their accounts reprocessed to reflect the additional shares which they should have received upon investment and any subsequent shares to which they should be entitled. Boston Advisors shall reimburse the Trust for all excess amounts per share paid out to redeeming shareholders during the pendency of an overpricing error if such excess amount per share exceeds $.005 of the net asset value of the WPG Short Term Income Fund and the WPG Tax Free Money Market Fund and .1 of 1% of the corrected net asset value per share of the TrustWPG Dividend Income Fund and the WPG Government Securities Fund.

Liability and Remedies. (a) Boston Advisors shall not be liable for any loss suffered by the Trust in connection with the performance of Boston Advisors' obligations and duties under this Agreement, except to the extent that such loss results from negligence or willful misconduct in the performance of, or omission to perform, such obligations and duties. Boston Advisors shall not be deemed to have been negligent or to have engaged in willful misconduct with respect to any incorrect calculations of net asset value per share ("pricing errors") to the extent that a pricing error is based upon prices furnished by an independent pricing service prudently selected by Boston Advisors, provided that in the event that Boston Advisors receives a price from a pricing service for any security owned by the Trust which results in a pricing variance in excess of 10% of the prior business day's price for such security, Boston Advisors shall notify, via fax, the investment manager of the Trust of such pricing variance by 5:45 P.M. on the date that the pricing variance occurs. (b) Notwithstanding the provisions of Section 7(a), Boston Advisors shall be liable for any loss to the Trust resulting from a pricing error caused by Boston Advisors' , own negligence to the extent that such loss resulted from an error in computation by Boston Advisors unless and to the extent that such pricing error resulted from incorrect information supplied or necessary information not provided by the Fund or any of its agents. (c) In the event of a pricing error, Boston Advisors shall correct such error promptly upon discovery and, if Boston Advisors is liable to the Trust for such error under this Section 7, Boston Advisor Advisors (acting through the Trust's transfer agent, but at the direction and responsibility of Boston Advisors), may seek to mitigate the loss or dilutive effect to certain shareholders resulting therefrom by adjusting share balances to the extent practicable for transactions executed while such error was in effect to reflect balances that should have resulted in the absence of such error ("reprocessing"), provided however that Boston Advisors shall not reprocess any account after 30 days after such error occurred (with each business day that such error occurred being considered a separate error) without the consent of the Trust. (d) For purposes of a pricing error for which Boston Advisors is liable under this Section 7, the Trust may have incurred a loss or there may have been dilution with respect to certain shareholders (i) if the pricing error resulted in a net asset value per share in excess of the actual net asset value per share ("overpricing") or (ii) if the error resulted in a net asset value per share that was less that the actual net asset value per share ("underpricing"). In the case of an overpricing error, shareholders who purchased shares during the pendency of such error may have their accounts reprocessed to reflect the additional shares which they should have received upon investment and any subsequent shares to which they should be entitled. Boston Advisors shall reimburse the Trust for all excess amounts per share paid out to redeeming shareholders during the pendency of an overpricing error if such excess amount per share exceeds .1 of 1% of the corrected net asset value per share of the Trust.

Liability and Remedies. (a) Boston Advisors shall not be liable for any loss suffered by the Trust in connection with the performance of Boston Advisors' obligations and duties under this Agreement, except to the extent that such loss results from negligence or willful misconduct in the performance of, or omission to perform, such obligations and duties. Boston Advisors shall not be deemed to have been negligent or to have engaged in willful misconduct with respect to any incorrect calculations of net asset value per share ("pricing errors") to the extent that a pricing error is based upon prices furnished by an independent pricing service prudently selected by Boston Advisors, provided that in the event that Boston Advisors receives a price from a pricing service for any security owned by the Trust which results in a pricing variance in excess of 10% of the prior business day's price for such security, Boston Advisors shall notify, via fax, the investment manager of the Trust of such pricing variance by 5:45 P.M. on the date that the pricing variance occurs. (b) Notwithstanding the provisions of Section 7(a), Boston Advisors shall be liable for any loss to the Trust resulting from a pricing error caused by Boston Advisors' own negligence to the extent that such loss resulted from an error in computation by Boston Advisors unless and to the extent that such pricing error resulted from incorrect information supplied or necessary information not provided by the Fund Trust or any of its agents. (c) In the event of a pricing error, Boston Advisors shall correct such error promptly upon discovery and, if Boston Advisors is liable to the Trust for such error under this Section 7, Boston Advisor Advisors (acting through the Trust's transfer agent, but at the direction and responsibility of Boston Advisors), may seek to mitigate the loss or dilutive effect to certain shareholders resulting therefrom by adjusting share balances to the extent practicable for transactions executed while such error was in effect to reflect balances that should have resulted in the absence of such error ("reprocessing"), provided however that Boston Advisors shall not reprocess any account after 30 days after such error occurred (with each business day that such error occurred being considered a separate error) without the consent of the Trust. (d) For purposes of a pricing error for which Boston Advisors is liable under this Section 7, the Trust may have incurred a loss or there may have been a dilution with respect to certain shareholders (i) if the pricing error resulted in a net asset value per share in excess of the actual net asset value per share ("overpricing") or (ii) if the error resulted in a net asset value per share that was less that than the actual net asset value per share ("underpricing"). In the case of an overpricing error, shareholders who purchased shares during the pendency of such error may have their accounts reprocessed to reflect the additional shares which they should have received upon investment and any subsequent shares to which they should be entitled. Boston Advisors shall reimburse the Trust for all excess amounts per share paid out to redeeming shareholders during the pendency of an overpricing error if such excess amount per share exceeds .1 of 1% ____ of the corrected net asset value per share of the Trust.