Administrator’s Liability. Except as otherwise provided herein, the Administrator assumes no liability other than to render or stand ready to render the services called for herein, and neither the Administrator nor any of its members, managers, officers, employees, subsidiaries or affiliates shall be responsible for any action of the Issuer or any of the members, managers, officers, employees, subsidiaries or affiliates of the Issuer (other than the Administrator itself). The Administrator shall not be liable for nor shall it have any obligation with regard to any of the liabilities, whether direct or indirect, absolute or contingent of the Issuer or any of the members, managers, officers, employees, subsidiaries or affiliates of the Issuer (other than the Administrator itself).
Administrator’s Liability. The Administrator shall render the services called for hereunder in good faith, taking into consideration the best interests of the Company. In no event shall the Administrator ever be liable to the Company under this Agreement or in connection with services provided hereunder for any punitive, incidental, consequential, or indirect damages in tort, contract, or otherwise.
Administrator’s Liability. (a) In the absence of willful misfeasance, bad faith, reckless disregard or negligence of the obligations or duties hereunder on the part of the Administrator, the Administrator shall not be subject to liability to either Trust or any Series or to any shareholder of any Series for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any security by a Series.
Administrator’s Liability. (a) The Administrator shall be responsible for the performance of only such duties and services as are set forth in Sections 3, 4 and 5 of this Agreement and, except as otherwise provided in Sections 3, 4, 5 and 6 of this Agreement, shall have no responsibility for the actions or activities of any other party, including other service providers. In the absence of its fraud, gross negligence or willful default or misconduct with respect to the performance of duties hereunder or its reckless disregard of the obligations or duties hereunder, the Administrator shall not be subject to liability to the Fund or to any shareholder of the Fund for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any security by the Fund.
Administrator’s Liability. 16.1 The Administrators are party to this Agreement in their personal capacities only for the purposes of receiving the benefit of all releases, limitations, exclusions, undertakings, covenants and indemnities in their favour and in favor of Paragon Parent contained in this Agreement, from which the Administrators will continue to benefit notwithstanding the termination of the agency of the Administrators or their discharge from office as Administrators of Paragon Parent.
Administrator’s Liability. The Administrator assumes no liability for anything other than the services rendered and the facilities provided by it pursuant to Articles 2 and 3 hereof and neither the Administrator nor any of its directors, officers, employees or Affiliates shall be responsible for any action of the Issuer, the Delaware Trustee, the Funding Agreement Provider or the officers or employees thereof taken outside the scope of Articles 2 and 3 hereof and without direction from the Administrator. Without limiting the generality of the foregoing, it is agreed that the Administrator assumes no liability with respect to any of the Issuer's obligations under the Program Documents.
Administrator’s Liability. 11 SECTION 7.2. STANDARD OF CARE................................................11
Administrator’s Liability. 14.2.1. In the absence of the Administrator's negligence, wilful default or fraud, the Administrator shall not be liable to the Trustees for losses, damages, costs or expenses caused to the Trustees or the Scheme. However, nothing in the Agreement shall exclude or in any way limit the Administrator's liability for death or personal injury caused by its negligence or any other liability to the extent the same may not be excluded or limited as a matter of law.
Administrator’s Liability. In the absence of willful misfeasance, bad faith, reckless disregard or negligence of the obligations or duties hereunder on the part of the Administrator, the Administrator shall not be subject to liability to the Company or to any member of the Company for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any security by the Company. The Company shall indemnify and hold harmless the Administrator, its partners and the members, partners, directors, officers and employees of each of them (any such person, an "Indemnified Party") against any loss, liability, claim, damage or expense (including the reasonable cost of investigating and defending any alleged loss, liability, claim, damage or expenses and reasonable counsel fees incurred in connection therewith) arising out of the Indemnified Party's performance or non-performance of any duties under this Agreement; provided, however, that nothing herein shall be deemed to protect any Indemnified Party against any liability to which such Indemnified Party would otherwise be subject by reason of willful misfeasance, bad faith or negligence in the performance of duties hereunder or by reason of reckless disregard of obligations and duties under this Agreement. No provision of this Agreement shall be construed to protect any Director or officer of the Company, or partner or officer of the Administrator, from liability in violation of Sections 17(h) and (i) of the Investment Company Act.
Administrator’s Liability. The Administrator shall have no obligation in respect of any Liabilities suffered or incurred by the Issuer and/or the Trustee and/or any other person as a result of the performance by the Administrator (or its sub- contractors or delegates) of the Services save to the extent that such Liabilities are suffered or incurred as a result of any Breach of Duty on the part of the Administrator or its sub-contractors or delegates.
