Limitations of ▇.▇. ▇▇▇▇▇▇’▇ Liability. (a) Under no circumstances will ▇.▇. ▇▇▇▇▇▇ be liable for (i) any loss of profits (whether direct or indirect); (ii) any indirect, incidental, consequential or special damages of any form, incurred by any person or entity, whether or not foreseeable and regardless of the type of action in which such a claim may be brought, with respect to ▇.▇. ▇▇▇▇▇▇’▇ performance or non-performance under this Agreement, or ▇.▇. ▇▇▇▇▇▇’▇ role as a service provider to the Customer. (b) Under no circumstances will ▇.▇. ▇▇▇▇▇▇ be liable for (i) any Liabilities suffered by any person as a result of the failure of any of the Dependencies to be met; (ii) the assumptions made by ▇.▇. ▇▇▇▇▇▇ in good faith in preparing a Report proving to be incorrect, inaccurate or inapplicable or any assumption which could or should have been made not being made; (iii) any Liabilities arising as a consequence of the Customer using, or providing to any other person to use, any Report or information in or derived from or based on any Report, to make decisions (including Investment Decisions) in respect of the Customer; or (iv) any Liabilities suffered by any person relating to any decisions made by ▇.▇. ▇▇▇▇▇▇ in complying with the AML/Sanctions Requirements. (c) Notwithstanding any provision herein that may be to the contrary, the maximum aggregate liability of ▇.▇. ▇▇▇▇▇▇ and ▇.▇. ▇▇▇▇▇▇ Indemnitees in respect of any and all claims of any kind arising out of, in connection with or relating to this Agreement or the provision of the Services, regardless of the form of action (including breach of warranty, breach of contract, tort, negligence, strict liability or statutory) or type of damages, in respect of any calendar year, shall not exceed an aggregate amount equal to three times (3x) the total annual administration fee paid by the Customer under this Agreement provided that the liability cap provision of this Subsection 6.2(c) shall not apply to an error by ▇.▇. ▇▇▇▇▇▇ in calculating the net asset value of a Customer.
Appears in 1 contract
Sources: Fund Services Agreement (Impax Funds Series Trust I)
Limitations of ▇.▇. ▇▇▇▇▇▇’▇ Liability. (a) Under no circumstances will ▇.▇. ▇▇▇▇▇▇ be liable for (i) any loss of profits (whether direct or indirect); (ii) any indirect, incidental, consequential or special damages of any form, incurred by any person or entity, whether or not foreseeable and regardless of the type of action in which such a claim may be brought, with respect to ▇.▇. ▇▇▇▇▇▇’▇ performance or non-performance under this Agreement, or ▇.▇. ▇▇▇▇▇▇’▇ role as a service provider to the Customer.
; (b) Under no circumstances will ▇.▇. ▇▇▇▇▇▇ be liable for (iiii) any Liabilities suffered by any person as a result of the failure of any of the Dependencies to be met;; (ii) the assumptions made by ▇.▇. ▇▇▇▇▇▇ in good faith in preparing a Report proving to be incorrect, inaccurate or inapplicable or any assumption which could or should have been made not being made; (iiiiv) any Liabilities arising as a consequence of the Customer using, or providing to any other person to use, any Report or information in or derived from or based on any Report, to make decisions (including Investment Decisions) in respect of the Customer; or (ivv) any Liabilities suffered by any person relating to any decisions made by ▇.▇. ▇▇▇▇▇▇ in complying with the AML/Sanctions Requirements.
(cb) Notwithstanding any provision herein that may be to the contrary, the maximum aggregate liability of ▇.▇. ▇▇▇▇▇▇ and ▇.▇. ▇▇▇▇▇▇ Indemnitees in respect of any and all claims of any kind arising out of, in connection with or relating to this Agreement or the provision of the Services, regardless of the form of action (including breach of warranty, breach of contract, tort, negligence, strict liability or statutory) or type of damages, in respect of any calendar year, shall not exceed an aggregate amount equal to three (3) times (3x) the total annual administration fee paid by the Customer under this Agreement provided that the liability cap provision of this Subsection 6.2(c) shall not apply to an error by ▇fee.▇. ▇▇▇▇▇▇ in calculating the net asset value of a Customer.
Appears in 1 contract