Common use of No Duty of Investigation; Notice in Trust Instruments Clause in Contracts

No Duty of Investigation; Notice in Trust Instruments. ETC. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

No Duty of Investigation; Notice in Trust Instruments. ETC. No purchaser, lender, transfer agent shareholder servicing agent, Transfer Agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this the Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereofTrust. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may or officers shall recite that the same is executed or made by them not individually, but as or on behalf of Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees Trustees, officers or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Seriesestate, and may contain any further recital which they may deem deemed appropriate, but the omission of such recital shall not operate to bind any of the Trustees Trustees, officers or Shareholders individually. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable SeriesProperty, its Shareholders, Trustees, Trustees Emeritus, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

No Duty of Investigation; Notice in Trust Instruments. ETCEtc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

No Duty of Investigation; Notice in Trust Instruments. ETC. No purchaser, lender, transfer agent or other Person person dealing with the Board of Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Board of Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Board of Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, ShareShare of Beneficial Interest, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever document executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their its capacity as Board of Trustees under this Declaration of Trust or in their its capacity as officers, employees or agents of the Trust or a Series thereofTrust. Every written obligation, contract, instrument, certificate, ShareShare of Beneficial Interest, other security of the Trust or a Series thereof or undertaking made or issued by the Board of Trustees may shall recite that the same it is executed or made by them not individually, but as Board of Trustees under the Declaration, this Declaration of Trust and that the obligations of the Trust or a Series thereof under any such instrument instruments are not binding upon any of the Trustees or Shareholders members, individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriatetrust estate, but the omission of such recital shall not operate to bind the Trustees or members individually. The Board of Trustees shall at all times may in its discretion maintain insurance for the protection of the Trust Property or the Trust Property of the applicable SeriesProperty, its Shareholdersmembers, Trustees, officers, employees and agents in such amount as the Board of Trustees shall may deem adequate to cover possible tort or other liability, and such other insurance as the Board of Trustees in their its sole judgment shall may deem advisable. Furthermore, in addition to or in lieu of the maintenance of such policies of insurance, the Board of Trustees may create a fund or funds to secure such risks and may deposit moneys from the Trust Property in such fund or funds from time to time in such amounts as the Board of Trustees in its sole judgment may deem advisable. Such fund or funds may be held by the Board of Trustees or by a fiduciary party, and the Board of Trustees may create such a fund or funds solely for the benefit of the Trust or on a joint basis with other similar trusts for the benefit of the Trust and the other trusts.