Common use of Delaware Statutory Trust Clause in Contracts

Delaware Statutory Trust. This Agreement shall for all purposes be and is construed to be a separate agreement between the Administrator and each Portfolio, as if the Administrator and such Portfolio had entered into a separate agreement, and under no circumstances will any Portfolio have any liability arising from or relating to the Administrator’s provision of services to any other Portfolio (whether or not a series of the same Fund), or the arrangements contemplated by this Agreement between the Administrator and any other Portfolio. Any reference in this Agreement to “the parties” shall mean the Administrator and such individual Portfolio as to which the matter pertains. A copy of the Certificate of Trust of the Fund is on file with the Secretary of State of Delaware, and this Agreement has been executed on behalf of such Fund by an officer of the Fund in his or her capacity as an officer and this Agreement has not been executed by such officer in his or her individual capacity. The obligations under this Agreement of the Fund or any Portfolio thereof shall not be binding upon any of the trustees, shareholders, nominees, officers, agents, or employees of the Fund or Portfolio individually, but shall bind only the Fund or Portfolio and the trust property of the Fund or Portfolio, as applicable.

Delaware Statutory Trust. This Agreement shall for all purposes be and is construed to be a separate agreement between the Administrator Transfer Agent and each Portfolio, as if the Administrator Transfer Agent and such Portfolio had entered into a separate agreement, and under no circumstances will any Portfolio have any liability arising from or relating to the AdministratorTransfer Agent’s provision of services to any other Portfolio (whether or not a series of the same Fund), or the arrangements contemplated by this Agreement between the Administrator Transfer Agent and any other Portfolio. Any reference in this Agreement to “the parties” shall mean the Administrator Transfer Agent and such individual Portfolio as to which the matter pertains. A copy of the Certificate of Trust of the Fund is on file with the Secretary of State of Delaware, and this Agreement has been executed on behalf of such Fund by an officer of the Fund in his or her capacity as an officer and this Agreement has not been executed by such officer in his or her individual capacity. The obligations under this Agreement of the Fund or any Portfolio thereof shall not be binding upon any of the trustees, shareholders, nominees, officers, agents, or employees of the Fund or Portfolio individually, but shall bind only the Fund or Portfolio and the trust property of the Fund or Portfolio, as applicable.