DISCLAIMER AND NON-FIDUCIARY Sample Clauses

DISCLAIMER AND NON-FIDUCIARY. STATUS Reinsurer is not a fiduciary (ERISA or otherwise) of the Plan or for a Plan and Policy and has no discretionary authority in connection with a Policy or Plan. Reinsurer has no claims authority whatsoever and is only providing Services herein as consulting services to Plan. Plan retains all claim decision authority. Reinsurer is not in any way providing medical advice, treatment, or care to Members. Reinsurer makes no representations or warranties regarding the Services provided hereunder or costs savings as a result of Services or recommendations. All medical treatment decisions shall remain with treating providers and Members. Reinsurer is not providing legal, tax, or other like advice and is only providing information and consulting services to Plan.
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DISCLAIMER AND NON-FIDUCIARY. STATUS Reinsurer is not a fiduciary (ERISA or otherwise) of the Plan or for a Plan and Policy and has no discretionary authority in connection with a Policy or Plan. Reinsurer has no claims authority whatsoever and is only providing Services herein as consulting services to Plan. Plan retains all claim decision authority. Reinsurer is not in any way providing medical advice, treatment, or care to Members. Reinsurer makes no representations or warranties regarding the Services provided hereunder or costs savings as a result of Services or recommendations. All medical treatment decisions shall remain with treating providers and Members. Reinsurer is not providing legal, tax, or other like advice and is only providing information and consulting services to Plan. 5. PLAN INDEMNIFICATION Plan shall hold harmless and indemnify Reinsurer from any claims, losses, damages, liabilities, costs, expenses or obligations (including attorney's fees) arising out of or resulting from (a) the negligence or willful acts of Plan in the non-performance of its obligations under this Endorsement; and (b) Services provided under this Endorsement; and (c) any claim or cause of action brought by a Plan, Covered Person, or other entity arising from or related to Services provided hereunder. 6.
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Related to DISCLAIMER AND NON-FIDUCIARY

  • Disclaimer of Reliance Except for the specific representations expressly made by the Company in this Agreement, Executive specifically disclaims that Executive is relying upon or has relied upon any communications, promises, statements, inducements, or representation(s) that may have been made, oral or written, regarding the subject matter of this Agreement. Executive represents that Executive relied solely and only on Executive’s own judgment in making the decision to enter into this Agreement.

  • Limitation of Liability of Manager As an inducement to your undertaking to render services pursuant to this Agreement, the Trust agrees that you shall not be liable under this Agreement for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, provided that nothing in this Agreement shall be deemed to protect or purport to protect you against any liability to the Trust, the Fund or its shareholders to which you would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of your duties, or by reason of your reckless disregard of your obligations and duties hereunder.

  • Standard of Care and Limitation of Liability The Portfolio Manager shall exercise its best judgment in rendering the services provided by it under this Agreement. The Portfolio Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Trust or the Fund or the holders of the Fund's shares in connection with the matters to which this Agreement relates, provided that nothing in this Agreement shall be deemed to protect or purport to protect the Portfolio Manager against any liability to the Trust, the Fund or to holders of the Fund's shares to which the Portfolio Manager would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Portfolio Manager's reckless disregard of its obligations and duties under this Agreement. As used in this Section 7, the term "Portfolio Manager" shall include any officers, directors, employees or other affiliates of the Portfolio Manager performing services with respect to the Trust or the Fund.

  • LIMITATION OF LIABILITY OF THE MANAGER The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

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