Common use of COMPLIANCE; INSTRUCTIONS; UNCONTROLLABLE EVENTS; INDEMNIFICATION Clause in Contracts

COMPLIANCE; INSTRUCTIONS; UNCONTROLLABLE EVENTS; INDEMNIFICATION. a. Service Provider Not Responsible. Service Provider is not responsible for and shall have no liability with respect to: (i) any information contained in any Fund's prospectus, statement of additional information, registration statement, annual or periodic report, proxy statement or advertising or marketing materials (except for advertising or marketing materials prepared by Service Provider that is not accurately derived from information created by Company, any Fund or any "affiliated person," as defined in the rules pursuant to the 1940 Act (each an "Affiliate")); (ii) the tabulation of returned proxies; (iii) the registration or qualification of shares of each Fund in accordance with applicable federal and state laws; (iv) the compliance or failure to comply by Company, any Fund or any Affiliate with the 1940 Act and Investment Advisers Act of 1940, as amended, or other applicable federal and state laws, including the rules and regulations of the same; (v) the compliance or failure to comply by Company, any Fund or any Affiliate with the rules and regulations of any self-regulatory organization with jurisdiction over Company, such Fund or such Affiliate.

COMPLIANCE; INSTRUCTIONS; UNCONTROLLABLE EVENTS; INDEMNIFICATION. a. Service Provider Not ResponsibleSERVICE PROVIDER NOT RESPONSIBLE. Service Provider is not responsible for and shall have no liability with respect to: (i) any information contained in any Fund's prospectus, statement of additional information, registration statement, annual or periodic report, proxy statement or advertising or marketing materials (except for advertising or marketing materials prepared by Service Provider that is not accurately derived from information created by Company, any Fund or any "affiliated person," as defined in the rules pursuant to the 1940 Act (each an "Affiliate")); (ii) the tabulation of returned proxies; (iii) the registration or qualification of shares of each Fund in accordance with applicable federal and state laws; (iv) the compliance or failure to comply by Company, any Fund or any Affiliate with the 1940 Act and Investment Advisers Act of 1940, as amended, or other applicable federal and state laws, including the rules and regulations of the same; (v) the compliance or failure to comply by Company, any Fund or any Affiliate with the rules and regulations of any self-regulatory selfregulatory organization with jurisdiction over Company, such Fund or such Affiliate.