Common use of LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS Clause in Contracts

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly agreed that the obligations of the Trust 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 trust property of the Trust. The execution and delivery of this Agreement have been authorized by the Trustees, and this Agreement has been signed and delivered by an authorized officer of the Trust, acting as such, and neither such authorization by the Trustees nor such execution and delivery by such officer 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 trust property of the Trust as provided in the Trust's Agreement and Declaration of Trust.

Appears in 41 contracts

Sources: Distribution Agreement (Variable Insurance Funds), Distribution Agreement (Pilot Funds), Distribution Agreement (Alpine Equity Trust)

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly agreed that the obligations of the Trust 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 trust property of the Trust as provided in the Trust’s Agreement and Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees, Trustees and this Agreement has been signed and delivered by an authorized officer of the Trust, acting as such, and neither such authorization by the Trustees nor such execution and delivery by such officer 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 trust property of the Trust as provided in the Trust's ’s Agreement and Declaration of Trust.

Appears in 14 contracts

Sources: Investment Company Services Agreement (360 Funds), Investment Company Services Agreement (360 Funds), Investment Company Services Agreement (360 Funds)

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly acknowledged and agreed that the obligations of the Trust hereunder shall not be binding upon any of the Trustees, shareholders, nomineesTrustees, officers, employees or agents or employees of the Trust Trust, personally, but shall bind only the trust property of the Trust, as provided in its Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees, Trustees of the Trust and this Agreement has been signed and delivered by an authorized officer of the Trust, acting as such, and neither such authorization by the such Trustees nor such execution and delivery by such officer 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 trust property of the Trust as provided in the Trust's Agreement and its Declaration of Trust.

Appears in 14 contracts

Sources: Fund Administration and Accounting Agreement (Powershares Exchange Traded Fund Trust), Fund Administration and Accounting Agreement (PowerShares India Exchange-Traded Fund Trust), Fund Administration and Accounting Agreement (Powershares Exchange Traded Fund Trust)

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly agreed that the obligations of the Trust 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 trust property of the Trust as provided in the Trust's Agreement and Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees, and this Agreement has been signed and delivered by an authorized officer of the Trust, acting as such, and neither such authorization by the Trustees nor such execution and delivery by such officer 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 trust property of the Trust as provided in the Trust's Agreement and Declaration of Trust.

Appears in 9 contracts

Sources: Distribution Agreement (Variable Insurance Funds), Distribution Agreement (Sti Classic Funds), Distribution Agreement (Skyline Fund)

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly agreed that the obligations of the Trust 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 trust property of the Trust as provided in the Trust’s Agreement and Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees, and this Agreement has been signed and delivered by an authorized officer of the Trust, acting as such, and neither such authorization by the Trustees nor such execution and delivery by such officer 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 trust property of the Trust as provided in the Trust's ’s Agreement and Declaration of Trust.

Appears in 9 contracts

Sources: Distribution Agreement (RidgeWorth Funds), Distribution Agreement (Sti Classic Funds), Distribution Agreement (Sti Classic Funds)

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly agreed that the obligations of the Trust 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 trust property of the Trust. The execution and delivery of this Agreement have been authorized by the Trustees, and this Agreement has been signed and delivered by an authorized officer of the Trust, acting as such, and neither such authorization by the Trustees nor such execution and delivery by such officer 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 trust property of the Trust as provided in the Trust's Agreement and Declaration of Trust.

Appears in 6 contracts

Sources: Distribution Agreement (Republic Funds), Distribution Agreement (Republic Advisor Funds Trust), Transfer Agency Agreement (Variable Insurance Funds)

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly acknowledged and agreed that the obligations of the Trust hereunder shall not be binding upon any of the Trustees, shareholders, nomineesTrustees, officers, employees or agents or employees of the Trust Trust; personally, but shall bind only the trust property of the Trust, as provided in its Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees, Trustees of the Trust and this Agreement has been signed and delivered by an authorized officer of the Trust, acting as such, and neither such authorization by the such Trustees nor such execution and delivery by such officer 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 trust property of the Trust as provided in the Trust's Agreement and its Declaration of Trust.

Appears in 6 contracts

Sources: Fund Administration and Accounting Agreement (PowerShares Exchange-Traded Self-Indexed Fund Trust), Fund Administration and Accounting Agreement (Powershares Actively Managed Exchange-Traded Fund Trust), Fund Administration and Accounting Agreement (Powershares Actively Managed Exchange-Traded Fund Trust)

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly agreed that the The obligations of the Trust hereunder shall entered into in the name or on behalf thereof by any of the Trustees, representatives or agents are made not be individually, but in such capacities, and are not binding upon any of the Trustees, shareholders, nominees, officers, agents Shareholders or employees representatives of the Trust personally, but shall bind only the trust property assets of the Trust, and all persons dealing with any series and/or class of Shares of the Trust must look solely to the assets of the Trust belonging to such series and/or class for the enforcement of any claims against the Trust. The execution and delivery of this Agreement have been authorized by the Trustees, and this Agreement has been signed and delivered by an authorized officer of the Trust, acting as such, and neither such authorization by the Trustees nor such execution and delivery by such officer 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 trust property of the Trust as provided in the Trust's Agreement and Declaration of Trust’s charter.

Appears in 6 contracts

Sources: Distribution Agreement (Jp Morgan Series Trust), Distribution Agreement (Jp Morgan Mutual Fund Trust), Distribution Agreement (Jp Morgan Institutional Funds)

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly acknowledged and agreed that the obligations of the Trust hereunder shall not be binding upon any of the Trustees, shareholders, nomineestrustees, officers, employees or agents or employees of the Trust Trust, personally, but shall bind only the trust property of the Trust, as provided in its Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees, Sponsor of Trust and this Agreement has been signed and delivered by an authorized officer of the Trust, acting as such, and neither such authorization by the Trustees Sponsor nor such execution and delivery by such officer 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 trust property of the a Trust as provided in the Trust's Agreement and its Declaration of Trust.

Appears in 3 contracts

Sources: Fund Administration and Accounting Agreement (Invesco Galaxy Ethereum ETF), Fund Administration and Accounting Agreement (Invesco Galaxy Ethereum ETF), Fund Administration and Accounting Agreement (Invesco Galaxy Bitcoin ETF)

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly agreed that the obligations of the Trust 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 trust property of the Trust. The execution and delivery of this Agreement have been authorized by the Trustees, and this Agreement has been signed and delivered by an authorized officer of the Trust, acting as such, and neither such authorization by the Trustees nor such execution and delivery by such officer 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 trust property of the Trust as provided in the Trust's Agreement Amended and Restated Declaration of Trust.

Appears in 3 contracts

Sources: Fund Accounting Agreement (Variable Insurance Funds), Fund Accounting Agreement (Variable Insurance Funds), Fund Accounting Agreement (Variable Insurance Funds)

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly agreed that the obligations of the Trust hereunder shall not be binding bring upon any of the Trustees, shareholdersShareholders, nominees, officers, agents or employees of the Trust personally, but shall bind only the trust assets and property of the Trust, as provided in the Charter. The execution and delivery of this Agreement have has been authorized by the Trustees, Trustees of the Trust and this Agreement has been signed and delivered by an authorized officer of the Trust, acting as such, and neither such authorization by the such Trustees nor such execution and delivery by such officer 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 trust assets and property of the Trust Fund as provided in the Trust's Agreement and Declaration of Trustits Charter.

Appears in 2 contracts

Sources: Fund Services Agreement (E Trade Funds), Fund Services Agreement (E Trade Funds)

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly acknowledged and agreed that the obligations of the Trust hereunder shall not be binding upon any of the Trustees, shareholders, nomineestrustees, officers, employees or agents or employees of the Trust Trust, personally, but shall bind only the trust property of the Trust, as provided in the Trust’s Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees, trustees of the Trust and this Agreement has been signed and delivered by an authorized officer of the Trust, acting as such, and neither such authorization by the Trustees such trustees nor such execution and delivery by such officer 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 trust property of the Trust as provided in the Trust's Agreement and its Declaration of Trust.

Appears in 1 contract

Sources: Securities Lending Authorization Agreement (WisdomTree Trust)

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly agreed that the obligations of the Trust 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 trust property of the Trust. The execution and delivery of this Agreement have been authorized by the Trustees, and this Agreement has been signed and delivered by an authorized officer of the Trust, acting as such, and neither such authorization by the Trustees nor such execution and delivery by such officer 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 trust property of the Trust as provided in the Trust's Agreement and Declaration of Trust. No series of the Trust shall be liable for the obligations of any other series under this Agreement.

Appears in 1 contract

Sources: Distribution Agreement (Paragon Portfolio)

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly agreed that the obligations of the Trust 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 trust property of the Trust. The execution and delivery of this Agreement have been authorized by the Trustees, and this Agreement has been signed and delivered by an authorized officer of the Trust, acting as such, and neither such authorization by the Trustees nor such execution and delivery by such officer 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 trust property of the Trust as provided in the Trust's Agreement and Declaration of Trust.

Appears in 1 contract

Sources: Fund Accounting Agreement (One Group)

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly acknowledged and agreed that the obligations of the Trust hereunder shall not be binding upon any of the Trustees, shareholders, nomineestrustees, officers, employees or agents or employees of the Trust Trust, personally, but shall bind only the trust property of the Trust, as provided in its Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees, trustees of a Trust and this Agreement has been signed and delivered by an authorized officer of the Trust, acting as such, and neither such authorization by the Trustees such trustees nor such execution and delivery by such officer 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 trust property of the Trust as provided in the Trust's Agreement and its Declaration of Trust.

Appears in 1 contract

Sources: Fund Administration and Accounting Agreement (Bitwise Funds Trust)

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly acknowledged and agreed that the obligations of the Trust hereunder shall not be binding upon any of the Trustees, shareholders, nomineesTrustees, officers, employees or agents or employees of the Trust Trust; personally, but shall bind only the trust property of the Trust, as provided in its Trust Instrument. The execution and delivery of this Agreement have been authorized by the Trustees, Board and this Agreement has been signed and delivered by an authorized officer of the Trust, acting as such, and neither such authorization by the Trustees Board nor such execution and delivery by such officer 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 trust property of the Trust as provided in the Trust's Agreement and Declaration of Trustits Trust Instrument.

Appears in 1 contract

Sources: Fund Administration and Accounting Agreement (TrimTabs ETF Trust)

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly acknowledged and agreed that the obligations of the Trust hereunder shall not be binding upon any of the Trustees, shareholders, nomineesTrustees, officers, employees or agents or employees of the Trust personally, but shall bind only the trust property of the Trust, as provided in its Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees, Trustees of the Trust and this Agreement has been signed and delivered by an authorized officer of the Trust, acting as such, and neither such authorization by the such Trustees nor such execution and delivery by such officer 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 trust property of the Trust as provided in the Trust's Agreement and its Declaration of Trust.

Appears in 1 contract

Sources: Fund Administration and Accounting Agreement (PowerShares Exchange-Traded Self-Indexed Fund Trust)

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly acknowledged and agreed that the obligations of the a Trust hereunder shall not be binding upon any of the Trustees, shareholders, nomineestrustees, officers, employees or agents or employees of the Trust a Trust, personally, but shall bind only the trust property of the particular Trust, as provided in its Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees, Managing Owner and this Agreement has been signed and delivered by an a duly authorized officer representative of the Trust, acting as such, Managing Owner and neither such authorization by the Trustees Managing Owner nor such execution and delivery by such officer authorized representative 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 trust property of the a Trust as provided in the Trust's Agreement and its Declaration of Trust.

Appears in 1 contract

Sources: Fund Administration and Accounting Agreement (Invesco DB Precious Metals Fund)

LIMITATION OF LIABILITY OF THE TRUSTEES AND SHAREHOLDERS. It is expressly acknowledged and agreed that the obligations of the a Trust hereunder shall not be binding upon any of the Trustees, shareholders, nomineestrustees, officers, employees or agents or employees of the Trust a Trust, personally, but shall bind only the trust property of the particular Trust, as provided in its Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees, trustees of a Trust and this Agreement has been signed and delivered by an authorized officer of the a Trust, acting as such, and neither such authorization by the Trustees such trustees nor such execution and delivery by such officer 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 trust property of the a Trust as provided in the Trust's Agreement and its Declaration of Trust.

Appears in 1 contract

Sources: Fund Administration and Accounting Agreement (Invesco Exchange-Traded Fund Trust)