Common use of Counsellors Securities' Responsibilities; Limitation of Liability for Claims Clause in Contracts

Counsellors Securities' Responsibilities; Limitation of Liability for Claims. Any printed information that is furnished to Service Organization other than each Fund's Prospectus, Statement, information supplemental to the Prospectus and the Statement, periodic reports and proxy solicitation materials is CSI's sole responsibility, and not the responsibility of any Fund, and Service Organization agrees that the Funds, the shareholders of the Funds and the officers and governing Boards of the Funds shall have no liability or responsibility to Service Organization in these respects. Further, it is understood, in the case of each Fund that is organized as a Massachusetts business trust or series thereof, that the declarations of trust for each trust refers to the trustees collectively as trustees and not as individuals personally, and that the declaration of trust provides that no shareholder, trustee, officer, employee or agent of the trust shall be subject to claims against or obligations of the trust to any extent whatsoever, but that the trust estate only shall be liable. No Fund shall be liable for the obligations or liabilities of any other Fund. No series of any Fund, if any, shall be liable for obligations of any other series.

Appears in 11 contracts

Samples: Services Agreement (Warburg Pincus Japan Growth Fund Inc), Services Agreement (Warburg Pincus Emerging Markets Fund Inc), Services Agreement (Warburg Pincus Japan Otc Fund Inc)

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Counsellors Securities' Responsibilities; Limitation of Liability for Claims. Any printed information that is furnished to Service Organization other than each Fund's the Prospectus, the Statement, information supplemental to the Prospectus and the Statement, periodic reports and proxy solicitation materials is CSI's sole responsibility, and not the responsibility of any the Fund, and Service Organization agrees that the FundsFund, the shareholders of the Funds Fund and the officers and governing Boards Board of the Funds Fund shall have no liability or responsibility to Service Organization in these respects. Further, it is understood, in the case of each the Fund that is organized as a Massachusetts business trust or series thereof, that the declarations of trust for each trust refers to the trustees collectively as trustees and not as individuals personally, and that the declaration of trust provides that no shareholder, trustee, officer, employee or agent of the trust shall be subject to claims against or obligations of the trust to any extent whatsoever, but that the trust estate only shall be liable. No Fund shall be liable for the obligations or liabilities of any other Fund. No series of any Fund, if any, shall be liable for obligations of any other series.

Appears in 1 contract

Samples: Services Agreement (Warburg Pincus Japan Growth Fund Inc)

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