Common use of Liability of the Agent Clause in Contracts

Liability of the Agent. (a) The Agent may rely upon the written advice of counsel for the Fund and the Fund's independent accountants, and upon oral or written statements of brokers and other persons reasonably believed by the Agent in good faith to be expert in the matters upon which they are consulted and, for any actions reasonably taken in good faith reliance upon such advice or statements and without negligence, the Agent shall not be liable to anyone. (b) Nothing herein contained shall be construed to protect the Agent against any liability to the Fund or its security holders to which the Agent would otherwise be subject by reason of willful misfeasance, bad faith or negligence in the performance of its duties. (c) Except as may otherwise be provided by applicable law, neither the Agent nor its shareholders, officers, directors, employees or agents shall be subject to, and the Fund shall indemnify and hold such persons harmless from and against, any liability for and any damages, expenses or losses incurred by reason of the inaccuracy of factual information furnished to the Agent or any subcontractor(s) by an Authorized Person of the Fund. (d) The Agent shall ensure that it or any subcontractors have and maintain Errors and Omissions Insurance for the services rendered under this Agreement of at least $1 million (provided the Board of Trustees of the Fund may by resolution approve some lesser amount). The Agent shall provide to the Fund annually upon request a certificate from the appropriate errors and omissions insurance carrier(s) certifying that such Errors and Omissions Insurance is in full force and effect.

Liability of the Agent. (a) The Agent may rely upon the written advice of counsel for the Fund Trust and the FundTrust's independent accountants, and upon oral or written statements of brokers and other persons reasonably believed by the Agent in good faith to be an expert in the matters upon which they are consulted and, for any actions reasonably taken in good faith reliance upon such advice or statements and without gross negligence, the Agent shall not be liable to anyone. (b) Nothing herein contained shall be construed to protect the Agent against any liability to the Fund Trust or its security holders to which the Agent would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties. (c) Except as may otherwise be provided by applicable law, neither the Agent nor its shareholders, officers, directors, employees or agents shall be subject to, and the Fund Trust shall indemnify and hold such persons harmless from and against, any liability for and any damages, expenses or losses incurred by reason of the inaccuracy of factual information furnished to the Agent or any subcontractor(s) by an Authorized Person of the Fund. (d) The Agent shall ensure that it or any subcontractors have and maintain Errors and Omissions Insurance for the services rendered under this Agreement of at least $1 million (provided the Board of Trustees of the Fund Trust may by resolution approve some lesser amount). The Agent shall provide to the Fund Trust annually upon request a certificate from the appropriate errors and omissions insurance carrier(s) certifying that such Errors and Omissions Insurance is in full force and effect.

Liability of the Agent. (a) The Agent may rely upon the written advice of counsel for the Fund Trust and the FundTrust's independent accountants, and upon oral or written statements of brokers and other persons reasonably believed by the Agent in good faith to be an expert in the matters upon which they are consulted and, for any actions reasonably taken in good faith reliance upon such advice or statements and without gross negligence, the Agent shall not be liable to anyone. (b) Nothing herein contained shall be construed to protect the Agent against any liability to the Fund Trust or its security holders to which the Agent would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties. (c) Except as may otherwise be provided by applicable law, neither the Agent nor its shareholders, officers, directors, employees or agents shall be subject to, and the Fund Trust shall indemnify and hold such persons harmless from and against, any liability for and any damages, expenses or losses incurred by reason of the inaccuracy of factual information furnished to the Agent or any subcontractor(s) by an Authorized Person of the Fund. (d) The Agent shall ensure that it or any subcontractors have and maintain Errors and Omissions Insurance for the services rendered under this Agreement of at least $1 S1 million (provided the Board of Trustees of the Fund Trust may by resolution approve some lesser amount). The Agent shall provide to the Fund Trust annually upon request a certificate from the appropriate errors and omissions insurance carrier(s) certifying that such Errors and Omissions Insurance is in full force and effect.

Liability of the Agent. (a) The Agent may rely upon the written advice of counsel for the Fund Trust and the FundTrust's independent accountants, and upon oral or written statements of brokers and other persons reasonably believed by the Agent in good faith to be expert in the matters upon which they are consulted and, for any actions reasonably taken in good faith reliance upon such advice or statements and without negligence, the Agent shall not be liable to anyone. (b) Nothing herein contained shall be construed to protect the Agent against any liability to the Fund Trust or its security holders to which the Agent would otherwise be subject by reason of willful misfeasance, bad faith or negligence in the performance of its duties. (c) Except as may otherwise be provided by applicable law, neither the Agent nor its shareholders, officers, directors, employees or agents shall be subject to, and the Fund Trust shall indemnify and hold such persons harmless from and against, any liability for and any damages, expenses or losses incurred by reason of the inaccuracy of factual information furnished to the Agent or any subcontractor(s) by an Authorized Person of the Fund. (d) The Agent shall ensure that it or any subcontractors have and maintain Errors and Omissions omissions Insurance for the services rendered under this Agreement of at least $1 S1 million (provided the Board of Trustees of the Fund Trust may by resolution approve some lesser amount). The Agent shall provide to the Fund Trust annually upon request a certificate from the appropriate errors and omissions insurance carrier(s) certifying that such Errors and Omissions Insurance is in full force and effect.

Liability of the Agent. (a) The Agent may rely upon the written advice of counsel for the Fund Trust and the FundTrust's independent accountants, and upon oral or written statements of brokers and other persons reasonably believed by the Agent in good faith to be expert in the matters upon which they are consulted and, for any actions reasonably taken in good faith reliance upon such advice or statements and without negligence, the Agent shall not be liable to anyone. (b) Nothing herein contained shall be construed to protect the Agent against any liability to the Fund Trust or its security share holders to which the Agent would otherwise be subject by reason of willful misfeasance, bad faith or negligence in the performance of its duties. (c) Except as may otherwise be provided by applicable law, neither the Agent nor its shareholders, officers, directors, employees or agents shall be subject to, and the Fund Trust shall indemnify and hold such persons harmless from and against, any liability for and any damages, expenses or losses incurred by reason of the inaccuracy of factual information furnished to the Agent or any subcontractor(s) by an Authorized Person of the FundTrust. (d) The Agent shall ensure that it or any subcontractors have and maintain Errors and Omissions Insurance for the services rendered under this Agreement of at least $1 million (provided the Board of Trustees of the Fund Trust may by resolution approve some lesser amount). The Agent shall provide to the Fund Trust annually upon request a certificate from the appropriate errors and omissions insurance carrier(s) certifying that such Errors and Omissions Insurance is in full force and effect.

Liability of the Agent. (a) The Agent may rely upon the written advice of counsel for the Fund Trust and the Fund's Trust’s independent accountants, and upon oral or written statements of brokers and other persons reasonably believed by the Agent in good faith to be an expert in the matters upon which they are consulted and, for any actions reasonably taken in good faith reliance upon such advice or statements and without gross negligence, the Agent shall not be liable to anyone. (b) Nothing herein contained shall be construed to protect the Agent against any liability to the Fund Trust or its security holders to which the Agent would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties. (c) Except as may otherwise be provided by applicable law, neither the Agent nor its shareholders, officers, directors, employees or agents shall be subject to, and the Fund Trust shall indemnify and hold such persons harmless from and against, any liability for and any damages, expenses or losses incurred by reason of the inaccuracy of factual information furnished to the Agent or any subcontractor(s) by an Authorized Person of the Fund. (d) The Agent shall ensure that it or any subcontractors have and maintain Errors and Omissions Insurance for the services rendered under this Agreement of at least $1 S1 million (provided the Board of Trustees of the Fund Trust may by resolution approve some lesser amount). The Agent shall provide to the Fund Trust annually upon request a certificate from the appropriate errors and omissions insurance carrier(s) certifying that such Errors and Omissions Insurance is in full force and effect.

Liability of the Agent. (a) The Agent may rely upon the written advice of counsel for the Fund Trust and the FundTrust's independent accountants, and upon oral or written statements of brokers and other persons reasonably believed by the Agent in good faith to be expert in the matters upon which they are consulted and, for any actions reasonably taken in good faith reliance upon such advice or statements and without negligence, the Agent shall not be liable to anyone. (b) Nothing herein contained shall be construed to protect the Agent against any liability to the Fund Trust or its security holders to which the Agent would otherwise be subject by reason of willful misfeasance, bad faith or negligence in the performance of its duties. (c) Except as may otherwise be provided by applicable law, neither the Agent nor its shareholders, officers, directors, employees or agents shall be subject to, and the Fund Trust shall indemnify and hold such persons harmless from and against, any liability for and any damages, expenses or losses incurred by reason of the inaccuracy of factual information furnished to the Agent or any subcontractor(s) by an Authorized Person of the Fund. (d) The Agent shall ensure that it or any subcontractors have and maintain Errors and Omissions omissions Insurance for the services rendered under this Agreement of at least $1 million (provided the Board of Trustees of the Fund Trust may by resolution approve some lesser amount). The Agent shall provide to the Fund Trust annually upon request a certificate from the appropriate errors and omissions insurance carrier(s) certifying that such Errors and Omissions Insurance is in full force and effect.