Additional Limitations and Exclusions. Notwithstanding any other provision of this Agreement, UMBFS shall have no duty or obligation under this Agreement to inquire into, and shall not be liable for:
(a) The legality of the issue or sale of any Shares, the sufficiency of the amount to be received therefor, or the authority of the Trust, as the case may be, to request such sale or issuance;
(b) The legality of a transfer of Shares or of a purchase or redemption of any Shares, the propriety of the amount to be paid therefor, or the authority of the Trust, as the case may be, to request such transfer or redemption;
(c) The legality of the declaration of any dividend by the Trust, or the legality of the issue of any Shares in payment of any stock dividend; or
(d) The legality of any recapitalization or readjustment of Shares.
Additional Limitations and Exclusions. Notwithstanding any other provision of this Agreement, Sunstone shall have no duty or obligation under this Agreement to inquire into, and shall not be liable for:
(a) The legality of the issue or sale of any Shares, the sufficiency of the amount to be received therefor, or the authority of the Trust, as the case may be, to request such sale or issuance;
(b) The legality of a transfer of Shares or of a purchase or redemption of any Shares, the propriety of the amount to be paid therefor, or the authority of the Trust, as the case may be, to request such transfer or redemption;
(c) The legality of the declaration of any dividend by the Trust, or the legality of the issue of any Shares in payment of any stock dividend; or
(d) The legality of any recapitalization or readjustment of Shares.
Additional Limitations and Exclusions. Notwithstanding any other provision of this Agreement, Sunstone shall have no duty or obligation under this Agreement to inquire into, and shall not be liable for:
(a) The legality of the issue or sale of any Shares, including, but not limited to the sale of any Shares without registration in reliance upon certain institutional investor exemptions that may be available under state securities laws, the sufficiency of the amount to be received therefor, or the authority of the Trust, as the case may be, to request such sale or issuance;
(b) The legality of a transfer of Shares or of a purchase or redemption of any Shares, the propriety of the amount to be paid therefor, or the authority of the Trust, as the case may be, to request such transfer or redemption;
(c) The legality of the declaration of any dividend by the Trust, or the legality of the issue of any Shares in payment of any stock dividend; or
(d) The legality of any recapitalization or readjustment of Shares.
Additional Limitations and Exclusions. Notwithstanding any other provision of this Agreement, UMBFS shall have no duty or obligation under this Agreement to inquire into, and shall not be liable for:
(a) The legality of the issue or sale of any Shares, the sufficiency of the amount to be received therefor, or the authority of the Corporation, as the case may be, to request such sale or issuance;
(b) The legality of a transfer of Shares or of a purchase or redemption of any Shares (but the foregoing shall not limit UMBFS' obligations pursuant to Article IV, Section 4.01(C) of this Agreement), the propriety of the amount to be paid therefor, or the authority of the Corporation, as the case may be, to request such transfer or redemption;
(c) The legality of the declaration of any dividend by the Corporation, or the legality of the issue of any Shares in payment of any stock dividend; or
(d) The legality of any recapitalization or readjustment of Shares.
Additional Limitations and Exclusions. Notwithstanding any other provision of this Agreement, UMBFS shall have no duty or obligation under this Agreement to inquire into, and shall not be liable for:
(a) The legality of the issue or sale of any Shares, the sufficiency of the amount to be received therefor, or the authority of the Trust to request such sale or issuance;
(b) The legality of a transfer of Shares or of a purchase or redemption of any Shares, the propriety of the amount to be paid therefor, or the authority of the Trust to request such transfer or redemption;
(c) The legality of the declaration of any dividend by the Trust, or the legality of the issue of any Shares in payment of any stock dividend; or
(d) The legality of any recapitalization or readjustment of Shares.
Additional Limitations and Exclusions. Notwithstanding any other provision of this Agreement, the Administrator shall have no duty or obligation under this Agreement to inquire into, and shall not be liable for:
(i) the legality of the issue or sale of any Units, the sufficiency of the amount to be received, or the authority of the Fund, as the case may be, to request such sale or issuance;
(ii) the legality of a transfer of Units or of a purchase or redemption of any Units, the propriety of the amount to be paid, or the authority of the Fund, as the case may be, to request such transfer or redemption;
(iii) the legality of the declaration of any dividend by the Fund, or the legality of the issue of any Units in payment of any dividend; or
(iv) the legality of any recapitalization or readjustment of Units.
Additional Limitations and Exclusions. Notwithstanding any other provision of this Sub-TA Agreement, UMBFS shall have no duty or obligation under this Sub-TA Agreement to inquire into, and shall not be liable for:
(a) The legality of the issue or sale of any Shares, the sufficiency of the amount to be received therefor, or the authority of the Trust, as the case may be, to request such sale or issuance;
(b) The legality of a transfer of Shares or of a purchase or redemption of any Shares, the propriety of the amount to be paid therefor, or the authority of SEI, as the case may be, to request such transfer or redemption;
(c) The legality of the declaration of any dividend by the Trust, or the legality of the issue of any Shares in payment of any stock dividend; or
(d) The legality of any recapitalization or readjustment of Shares.
Additional Limitations and Exclusions. (a) Notwithstanding any other provision of this Agreement, UMBFS shall have no duty or obligation under this Agreement to inquire into, and shall not be liable for:
(i) The legality of the issue or sale of any Shares, the sufficiency of the amount to be received therefor, or the authority of the Trust, as the case may be, to request such sale or issuance;
(ii) The legality of a transfer of Shares or of a purchase or redemption of any Shares, the propriety of the amount to be paid therefor, or the authority of the Trust, as the case may be, to request such transfer or redemption;
(iii) The legality of the declaration of any dividend by the Trust, or the legality of the issue of any Shares in payment of any stock dividend; or
(iv) The legality of any recapitalization or readjustment of Shares.
(b) All parties hereto are expressly put on notice of the Trust’s Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of Shareholder and Trust liability contained therein. This Agreement is executed on behalf of the Trust by an officer of the Trust as an officer and not individually and the obligations imposed upon the Trust and the Funds by this Agreement are not binding upon any of the Trust’s Trustees, officers or Shareholders individually but are binding only upon the assets and property of the applicable Fund of the Trust, and persons dealing with the Trust must look solely to the assets and property of the subject Fund for the enforcement of any claims. The underssigned represents and warrants that he/she is duly authorized to execute this Agreement on behalf of the Fund.
Additional Limitations and Exclusions. 1. Your Agreement does not cover:
a. Routine maintenance (you are responsible for pro- viding maintenance and cleaning of Covered Items as specified by the manufacturer or as generally re- quired for proper Covered Item operation);
b. A malfunction of a Covered Item due to lack of, or excess of, capacity in the Covered Item;
c. Repair or remediation of cosmetic defects;
d. Repair, replacement, installation, or modification of any Covered Item, or part thereof, that has been determined to be defective by the Consumer Product Safety Commission or other similar regulatory entity or for which a manufacturer or distributor has issued a warning, recall, or determination of defect;
e. Flues, venting, chimneys, and exhaust lines;
f. Electronic, computerized, or other home manage- ment and/or automation systems;
g. Remote controls and associated equipment;
h. Replaceable filters associated with any Covered Item;
i. Lighting fixtures and light bulbs;
j. Radon and other leak detection monitoring systems and fire sprinkler systems;
k. Solar items, systems, and components of Covered Items;
l. Except as otherwise specified in your Agreement, Covered Item modifications, upgrades, repairs, or replacements required to comply with any federal, state, or local laws, regulations, or ordinances, utility regulations, or building or zoning code requirements; and
m. Cranes or other specialty vehicles or equipment required to install, remove, or access Covered Items in order to provide services under your Agreement. You may be charged an additional fee by the Service Contractor if such vehicles or equipment are required to perform service.
2. Except as otherwise specified in your Agreement, AHS is not responsible or liable for performing service, or paying remediation costs, involving hazardous or toxic materials or other waste.
3. AHS is not responsible or liable for mold, mildew, bio-organic growth, rot, fungus, any similar issues, or pest damage, of any nature or kind, including but not limited to:
a. Damages of any kind resulting from such causes;
b. Diagnosis, inspection, notification, removal, or reme- diation of such conditions; or
c. Repairs or replacements necessitated by such causes.
4. Except as otherwise specified in your Agreement, AHS is not responsible or liable for:
a. Providing or securing access to Covered Items;
b. Costs of construction, carpentry, or other modifica- tions necessary to remove, relocate, or install a Cov- ered Item or part thereof; or
c. Restorat...
Additional Limitations and Exclusions. Provider will have no liability to Customer under the following circumstances: Customer fails to fully observe Provider's instructions relating to the Application, Hosting Services, Maintenance Services, SaaS Services, Professional Services or other Services provided by Provider; the Application, Hosting Services, Maintenance Services, SaaS Services, Professional Services or other Services provide by Provider are used in violation of this Master Agreement and applicable Schedules; the Application is configured, customized, installed or maintained by any Person other than Provider; Customer modifies any portion of the Application without the prior written consent of Provider; and/or the Application, Hosting Services, Maintenance Services, SaaS Services, Professional Services and other Services provided by Provider are used in conjunction with any hardware, software, products or interfaces not expressly specified by Provider. The obligations of Provider under this Master Agreement run only to Customer and not to its Affiliates, Permitted Users, clients or any other Persons. Under no circumstances will any Affiliate, Permitted User or client of Customer or any other Person be considered a third-party beneficiary of this Master Agreement or otherwise entitled to any rights or remedies under this Master Agreement, even if such Affiliates, Permitted Users, clients or other Persons are provided access to the Application or any Hosting Services, SaaS Services, Professional Services, Maintenance Services or other Services hereunder. Customer will have no rights or remedies against Provider except as specifically provided in this Master Agreement. No action or claim of any type relating to this Master Agreement or applicable Schedules may be brought or made by Customer more than one (1) year after Customer first has knowledge of the basis for the action or claim. The exclusions, disclaimers and limitations set forth in this Master Agreement have been considered and accepted by the Parties in the pricing of the Application, Products and Services provided in this Master Agreement.
