Acts or Omissions. Nothing in this subsection shall relieve ALPS of liability hereunder to the extent that an action or omission on the part of ALPS constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by ALPS of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 14 contracts
Samples: Transfer Agency and Services Agreement (Goehring & Rozencwajg Investment Funds), Distribution Agreement (Harvest Volatility Edge Trust), Transfer Agency and Services Agreement (Harvest Volatility Edge Trust)
Acts or Omissions. Nothing in this subsection subsection, but subject to Section 4 hereof, shall relieve ALPS of liability hereunder to the extent that an action or omission on the part of ALPS constitutes willful misfeasance, bad faith, gross negligence or reckless disregard by ALPS of any duties, obligations or responsibilities set forth in this Agreement.
Appears in 1 contract
Samples: Transfer Agency and Services Agreement (X-Square Balanced Fund, LLC)