Common use of Acts of God, etc Clause in Contracts

Acts of God, etc. The Distributor shall not be liable for any delays or errors occurring by reason of circumstances not reasonably foreseeable and beyond its control, including but not limited to acts of civil or military authority, national emergencies, work stoppages, fire, flood, catastrophe, acts of God, insurrection, war, riot or failure of communication or power supply. In addition, in the event of equipment breakdowns which are (i) beyond the reasonable control of the Distributor and (ii) not primarily attributable to the failure of the Distributor to reasonably maintain or provide for the maintenance of such equipment, the Distributor shall, at no additional expense to the Fund, take reasonable steps in good faith to minimize service interruptions but shall have no liability with respect thereto.

Appears in 4 contracts

Samples: Distribution Agreement (Kiewit Mutual Fund), Distribution Agreement (Wt Mutual Fund), Distribution Agreement (Wt Mutual Fund)

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Acts of God, etc. The Distributor shall not be liable for any delays or errors occurring by reason of circumstances not reasonably foreseeable and beyond its control, including including, but not limited to to, acts of civil or military authority, national emergencies, work stoppages, fire, flood, catastrophe, acts of God, insurrection, war, riot or failure of communication or power supply. In addition, in the event of equipment breakdowns which are (i) beyond the reasonable control of the Distributor and (ii) not primarily attributable to the failure of the Distributor to reasonably maintain or provide for the maintenance of such equipment, the Distributor shall, at no additional expense to the FundGuinness Funds, take reasonable steps in good faith to minimize service interruptions but shall have no liability with respect thereto.

Appears in 4 contracts

Samples: General Distribution Agreement (Guinness Flight Investment Funds Inc), Distribution Agreement (Guinness Flight Investment Funds Inc), General Distribution Agreement (Guinness Flight Investment Funds)

Acts of God, etc. The Distributor shall not be liable for any delays or errors occurring by reason of circumstances not reasonably foreseeable and beyond its control, including but not limited to acts of civil or military authority, national emergencies, work stoppages, fire, flood, catastrophe, acts of God, insurrection, warwar riot, riot or failure of communication or power supply. In addition, in the event of equipment breakdowns which are (i) beyond the reasonable control of the Distributor and (ii) not primarily attributable to the failure of the Distributor to reasonably maintain or provide for the maintenance of such equipment, the Distributor shall, at no additional expense to the FundTrust, take reasonable steps in good faith to minimize service interruptions but shall have no liability with respect thereto.

Appears in 4 contracts

Samples: General Distribution Agreement (Stonebridge Funds Trust), General Distribution Agreement (Stonebridge Aggressive Growth Fund Inc), General Distribution Agreement (First Funds)

Acts of God, etc. The Distributor shall not be liable for any delays or errors occurring by reason of circumstances not reasonably foreseeable and beyond its control, including but not limited to acts of civil or military authority, national emergencies, work stoppages, fire, flood, catastrophe, acts of God, insurrection, warwar riot, riot or failure of communication or power supply. In addition, in the event of equipment breakdowns which are (i) beyond the reasonable control of the Distributor and (ii) not primarily attributable to the failure of the Distributor to reasonably maintain or provide for the maintenance of such equipment, the Distributor shall, at no additional expense to the Fund, take reasonable steps in good faith to minimize service interruptions but shall have no liability with respect thereto.

Appears in 3 contracts

Samples: Distribution Agreement (Ameristock Mutual Fund Inc), General Distribution Agreement (Stonebridge Aggressive Growth Fund Inc), General Distribution Agreement (Stonebridge Growth Fund Inc)

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Acts of God, etc. The Distributor shall not be liable for any delays or errors occurring by reason of circumstances not reasonably foreseeable and beyond its control, including but not limited to acts of civil or military authority, national emergencies, work stoppages, fire, flood, catastrophe, acts of God, insurrection, war, riot or failure of communication or power supply. In addition, in the event of equipment breakdowns which are (i) beyond the reasonable control of the Distributor and (ii) not primarily attributable to the failure of the Distributor to reasonably maintain or provide for the maintenance of such equipment, the Distributor shall, at no additional expense to the FundTrust, take reasonable steps in good faith to minimize service interruptions but shall have no liability with respect thereto.

Appears in 2 contracts

Samples: Distribution Agreement (Risa Investment Trust), Distribution Agreement (Harvest Funds //)

Acts of God, etc. The Distributor shall not be liable for any delays or errors occurring by reason of circumstances not reasonably foreseeable and beyond its control, including but not limited to acts of civil or military authority, national emergencies, work stoppages, fire, flood, catastrophe, acts of God, insurrection, war, riot or failure of communication or power supply. In addition, in the event of equipment breakdowns which are (i) beyond the reasonable control of the Distributor and (ii) not primarily attributable to the failure of the Distributor to reasonably reasonable maintain or provide for the maintenance of such equipment, the Distributor shall, at no additional expense to the Fund, take reasonable steps in good faith to minimize service interruptions but shall have no liability with respect thereto.

Appears in 1 contract

Samples: Distribution Agreement (Kiewit Mutual Fund)

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