Common use of Liability of Distributor Clause in Contracts

Liability of Distributor. The duties of the Distributor shall be limited to those expressly set forth herein, and no implied duties are assumed by or may be asserted against the Distributor hereunder. The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Company in connection with the matters to which this Agreement relates, except to the extent of a loss resulting from willful misfeasance, bad faith or gross negligence, its failure to comply with its obligations and duties under this Agreement, or its violation of any applicable law or regulation or any rule of a self-regulatory organization. As used in this Section 11 and in Section 12 (except the second paragraph of Section 12), the term “Distributor" shall include directors, officers, employees and other agents of the Distributor.

Liability of Distributor. The duties of the Distributor shall be limited to those expressly set forth herein, and no implied duties are assumed by or may be asserted against the Distributor hereunder. The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Company in connection with the matters to which this Agreement relates, except to the extent of a loss resulting from willful misfeasance, bad faith or gross negligence, its failure to comply with its obligations and duties under this Agreement, or its violation of any applicable law or regulation or any rule of a self-regulatory organization. As used in this Section 11 and in Section 12 (except the second paragraph of Section 12), the term “"Distributor" shall include directors, officers, employees and other agents of the Distributor.

Liability of Distributor. The duties of the Distributor shall be limited to those expressly set forth herein, and no implied duties are assumed by or may be asserted against the Distributor hereunder. The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Company Fund in connection with the matters to which this Agreement relates, except to the extent of a loss resulting from willful misfeasance, bad faith or gross negligence, its failure to comply with its obligations and duties under this Agreement, or its violation of any applicable law or regulation or any rule of a self-regulatory organization. As used in this Section 11 9 and in Section 12 10 (except the second paragraph of Section 1210), the term “"Distributor" shall include directors, officers, employees and other agents of the Distributor.