RESPONSIBILITY OF ADMINISTRATOR Sample Clauses

RESPONSIBILITY OF ADMINISTRATOR. EIS shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. EIS shall be entitled to rely on and may act upon advice of counsel (who may be counsel for the Trust) on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. Any person, even though also an officer, director, partner, employee or agent of EIS, who may be or become an officer, trustee, employee or agent of the Trust, shall be deemed, when rendering services to the Trust or acting on any business of the Trust (other than services or business in connection with the duties of EIS hereunder) to be rendering such services to or acting solely for the Trust and not as an officer, director, partner, employee or agent or one under the control or direction of EIS even though paid by EIS.

RESPONSIBILITY OF ADMINISTRATOR. (a) Administrator shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by Administrator and the Fund in a written amendment hereto. Administrator shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. Administrator shall be liable only for any damages arising out of Administrator’s failure to perform its duties under this Agreement to the extent such damages arise out of Administrator’s willful misfeasance, bad faith, gross negligence or reckless disregard of such duties. (b) Notwithstanding anything in this Agreement to the contrary, (i) Administrator shall not be liable for losses, delays, failure, errors, interruption or loss of data occurring directly or indirectly by reason of circumstances beyond its reasonable control, including without limitation acts of God; action or inaction of civil or military authority; public enemy; war; terrorism; riot; fire; flood; sabotage; epidemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; insurrection; elements of nature; or non-performance by a third party; and (ii) Administrator shall not be under any duty or obligation to inquire into and shall not be liable for the validity or invalidity, authority or lack thereof, or truthfulness or accuracy or lack thereof, of any instruction, direction, notice, instrument or other information which Administrator reasonably believes to be genuine. (c) Notwithstanding anything in this Agreement to the contrary, neither PFPC nor its affiliates shall be liable for any consequential, special or indirect losses or damages, whether or not the likelihood of such losses or damages was known by PFPC or its affiliates. (d) Any claims (including the filing of suit or, if applicable, commencement of arbitration proceedings) must be asserted by a party against the other party or any of its affiliates within 24 months after it became aware of the claim or such party’s Board of Directors is informed of specific facts that should have alerted it that a basis for such a claim might exist. (e) Each party shall have a duty to mitigate damages for which the other party may become responsible. (f) The provisions of this Section 14 shall survive termination of this Agreement.

RESPONSIBILITY OF ADMINISTRATOR. The Administrator assumes no responsibility under this Agreement other than to render the services called for hereunder, and specifically assumes no responsibilities for investment advice or the investment or reinvestment of the Fund's assets.

RESPONSIBILITY OF ADMINISTRATOR. EKIS shall not be liable ▇▇▇ any error of judgment or mistake of law or for any loss suffered by the Trust in connection with the matters to which this Agreement relates, except a loss resulting from wilful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. EKIS shall be entitled to ▇▇▇y on and may act upon advice of counsel (who may be counsel for the Trust) on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. Any person, even though also an officer, director, partner, employee or agent of EKIS, who may be or becom▇ ▇▇ officer, trustee, employee or agent of the Trust, shall be deemed, when rendering services to the Trust or acting on any business of the Trust (other than services or business in connection with the duties of EKIS hereunder) to be r▇▇▇▇ring such services to or acting solely for the Trust and not as an officer, director, partner, employee or agent or one under the control or direction of EKIS even though paid by ▇▇▇▇.

RESPONSIBILITY OF ADMINISTRATOR. A. The Company shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Investment Company in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. The Company shall be entitled to rely on and may act upon advice of counsel (who may be counsel for the Fund) on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. Any person, even though also an officer, director, trustee, partner, employee or agent of the Company, who may be or become an officer,Error! Reference source not found.= business trust "Trustee" "Director" director, trustee, partner, employee or agent of the Investment Company, shall be deemed, when rendering services to the Investment Company or acting on any business of the Investment Company (other than services or business in connection with the duties of the Company hereunder) to be rendering such services to or acting solely for the Investment Company and not as an officer, director, trustee, partner, employee or agent or one under the control or direction of the Company even though paid by the Company.

RESPONSIBILITY OF ADMINISTRATOR. EAMC shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with the matters to which this Agreement relates, except a loss resulting from wilful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. EAMC shall be entitled to rely on and may act upon advice of counsel (who may be counsel for the Trust) on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. Any person, even though also an officer, director, partner, employee or agent of EAMC, who may be or become an officer, trustee, employee or agent of the Trust, shall be deemed, when rendering services to the Trust or acting on any business of the Trust (other than services or business in connection with the duties of EAMC hereunder) to be rendering such services to or acting solely for the Trust and not as an officer, director, partner, employee or agent or one under the control or direction of EAMC even though paid by EAMC.

RESPONSIBILITY OF ADMINISTRATOR. BMO shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. BMO shall be entitled to rely on and may act upon advice of counsel, approved in each case by the Trustees and acceptable to BMO, on all matters relating to the Fund, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. Any person, even though an officer, director, employee or agent of the Fund, shall be deemed, when rendering services to the Fund or acting on any business of the Fund (other than services or business in connection with the duties of BMO hereunder) in accordance with his responsibilities to the Fund as such officer, director, employee, or agent to be rendering such services to or acting solely for the Fund and not as an officer, director, partner, employee or agent or one under the control or direction of BMO even though paid by BMO.

RESPONSIBILITY OF ADMINISTRATOR a. The Administrator shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. Any person, even though also an officer, director, partner, employee or agent of the Administrator, who may be or become an officer, trustee, employee or agent of the Trust, shall be deemed, when rendering services to the Trust or acting on any business of the Trust (other than services or business in connection with the duties of the Administrator hereunder) in accordance with his responsibilities to the Trust as such officer, employee or agent, to be rendering such services to or acting solely for the Trust and not as an officer, director, partner, employee or agent or one under the control or direction of the Administrator even through paid by the Administrator.

RESPONSIBILITY OF ADMINISTRATOR. Administrator shall perform the following required services in the general administration of the Grant <MODIFY AS APPROPRIATE> Work with the Grantee to establish and maintain a financial management system which meets the standards stated in Section VI of Attachment D to the Grant Agreement. The system must assure effective control over and accountability for all funds, property, and other assets used and/or attained under the Grant Agreement. Document the benefit to low- and moderate-income persons as required in the Grant Agreement. Maintain adequate records of the disbursement and receipt of VCDP grant funds. Maintain project files. Prepare and submit the progress reports, in the required format, to the Grantee in time for submission to the Agency as required by Attachment B of the Grant Agreement. Assist the Grantee with subrecipient oversight and monitoring if applicable. Prepare closeout and final report documents and provide the Agency with any other information about the project necessary for the Grant Agreement to be successfully closed. Assist the Grantee with developing a Closeout Agreement as required by Attachment A of the Grant Agreement to deal with Program Income received by the Grantee from activities supported by VCDP grant funds. Administrator shall perform the following required services in the program management of the Grant Agreement: <MODIFY AS APPROPRIATE> Managing the environmental review process in order to secure release of funds under the environmental regulations, Oversee compliance with labor standards (including ensuring adherence to ▇▇▇▇▇-▇▇▇▇▇ wage rates and maintaining all related documentation, if applicable), Assistance with securing all required permits, Oversee all procurement processes to ensure compliance with applicable procurement standards, Manage all contracts for the construction of the project, Oversee the construction process, Arrange for and coordinate any necessary legal services Administrator agrees to indemnify and hold Municipality harmless from and against any loss, liability, claim, demand or suit caused by, due to, or arising out of its performance of this Contract, or for any act or omission of Administrator or any of its agents, officers, or employees. No subcontract may be awarded by Administrator, the purpose of which is to fulfill in whole or part, the services required of Administrator under this Contract, without the prior written approval of Municipality.