Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust hereunder and owes no fiduciary duties to any other Person by reason of this Agreement. (b) The Auction Agent undertakes to perform such duties and only such duties as are set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent. (c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 33 contracts
Samples: Broker Dealer Agreement (Eaton Vance Insured New Jersey Municipal Bond Fund), Broker Dealer Agreement (Eaton Vance Municipal Income Trust), Broker Dealer Agreement (Eaton Vance Massachusetts Municipal Income Trust)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Company hereunder and owes no fiduciary duties to any other Person by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 33 contracts
Samples: Broker Dealer Agreement (Muniholdings California Insured Fund Inc), Broker Dealer Agreement (Muniyield Michigan Insured Fund Inc), Broker Dealer Agreement (Muniholdings New York Insured Fund Iii Inc)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Company hereunder and owes no fiduciary duties to any other Person except as provided by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, it or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 32 contracts
Samples: Auction Agent Agreement (Preferred & Corporate Income Strategies Fund Inc), Auction Agent Agreement (Muniholdings California Insured Fund Ii Inc/), Auction Agent Agreement (Muniholdings Insured Fund Ii Inc)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Company hereunder and owes no fiduciary duties to any other Person by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered suffered, or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 24 contracts
Samples: Broker Dealer Agreement (Aberdeen Asia Pacific Income Fund Inc), Broker Dealer Agreement (Aberdeen Asia Pacific Income Fund Inc), Broker Dealer Agreement (Aberdeen Asia Pacific Income Fund Inc)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Fund hereunder and owes no fiduciary duties to any other Person except as provided by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 20 contracts
Samples: Auction Agency Agreement (Pimco Corporate & Income Strategy Fund), Auction Agency Agreement (Blackrock Florida Municipal 2020 Term Trust), Auction Agency Agreement (PIMCO Floating Rate Strategy Fund)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Fund hereunder and owes no fiduciary duties to any Person, other Person than the Fund, by reason of this the Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this the Agreement, and no implied covenants or obligations shall be read into this the Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered suffered, or omitted by it, or for any error of judgment made by it in the performance of its duties under this the Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 18 contracts
Samples: Auction Agency Agreement (Nuveen New Jersey Investment Quality Municipal Fund Inc), Auction Agency Agreement (Nuveen Maryland Dividend Advantage Municipal Fund), Auction Agency Agreement (Nuveen California Municipal Market Opportunity Fund Inc)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Fund hereunder and owes no fiduciary duties to any other Person by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 18 contracts
Samples: Broker Dealer Agreement (Blackrock Florida Municipal 2020 Term Trust), Broker Dealer Agreement (Blackrock Municipal 2020 Term Trust), Broker Dealer Agreement (Pimco California Municipal Income Fund)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust hereunder and owes no fiduciary duties to any Person, other Person than the Trust, by reason of this the Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this the Agreement, and no implied covenants or obligations shall be read into this the Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered suffered, or omitted by it, or for any error of judgment made by it in the performance of its duties under this the Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 15 contracts
Samples: Auction Agency Agreement (Hancock John Income Securities Trust /Ma), Auction Agency Agreement (Pioneer High Income Trust), Auction Agency Agreement (Pioneer Floating Rate Trust)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust hereunder and owes no fiduciary duties to any other Person by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or or, omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 14 contracts
Samples: Broker Dealer Agreement (Ing Prime Rate Trust), Broker Dealer Agreement (Pilgrim Prime Rate Trust), Broker Dealer Agreement (Ing Prime Rate Trust)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Fund hereunder and owes no fiduciary duties to any other Person by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 13 contracts
Samples: Broker Dealer Agreement (Muniholdings Pennsylvania Insured Fund), Broker Dealer Agreement (Muniholdings Florida Insured Fund Inc), Broker Dealer Agreement (Muniholdings Florida Insured Fund V)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Fund hereunder and owes no fiduciary duties to any other Person by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or or, omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 12 contracts
Samples: Broker Dealer Agreement (Prospect Street High Income Portfolio Inc), Broker Dealer Agreement (Real Estate Income Fund Inc), Broker Dealer Agreement (Cna Income Shares Inc)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Company hereunder and owes no fiduciary duties to any other Person except as provided by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 11 contracts
Samples: Auction Agent Agreement (Muniyield Michigan Fund Inc), Auction Agent Agreement (Muniyield California Insured Fund Ii Inc), Auction Agent Agreement (Muniyield New York Insured Fund Inc)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust hereunder and owes no fiduciary duties to any other Person except as provided by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, it or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 9 contracts
Samples: Auction Agent Agreement (Eaton Vance Municipal Income Trust), Auction Agent Agreement (Eaton Vance Massachusetts Municipal Income Trust), Auction Agent Agreement (Eaton Vance California Municipal Income Trust)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Fund hereunder and owes no fiduciary duties to any other Person except as provided by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, it or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 9 contracts
Samples: Auction Agent Agreement (Dreyfus Strategic Municipal Bond Fund Inc), Auction Agent Agreement (Muniholdings Florida Insured Fund Iv), Auction Agent Agreement (Dreyfus Strategic Municipals Inc)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Fund hereunder and owes no fiduciary duties to any other Person Person, other than the Fund by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered suffered, or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of or judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 8 contracts
Samples: Broker Dealer Agreement (New America High Income Fund Inc), Broker Dealer Agreement (New America High Income Fund Inc), Broker Dealer Agreement (New America High Income Fund Inc)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Fund hereunder and owes no fiduciary duties to any other Person Person, other than the Fund, by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered suffered, or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of or judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 8 contracts
Samples: Broker Dealer Agreement (Van Kampen Trust for Investment Grade New York Municipals), Broker Dealer Agreement (Van Kampen Municipal Trust), Broker Dealer Agreement (Van Kampen Trust for Investment Grade Florida Municipals)
Duties and Responsibilities. (a) The Auction Agent is acting hereunder solely as agent for the Trust hereunder Issuer and owes no fiduciary duties to any other Person by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered suffered, or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 7 contracts
Samples: Broker Dealer Agreement (Education Funding Capital Trust I), Broker Dealer Agreement (Education Capital I LLC), Broker Dealer Agreement (Education Funding Capital Trust I)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Company hereunder and owes no fiduciary duties to any other Person by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent factsfacts necessary to make such judgment.
Appears in 7 contracts
Samples: Auction Agent Agreement (Aberdeen Global Income Fund Inc), Auction Agent Agreement (Aberdeen Asia Pacific Income Fund Inc), Auction Agent Agreement (Aberdeen Asia Pacific Income Fund Inc)
Duties and Responsibilities. (a) The Auction Agent is acting solely as a non-fiduciary agent for the Trust hereunder and owes no fiduciary duties to any Person, other Person than the Trust, by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered suffered, or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 6 contracts
Samples: Auction Agency Agreement (Blackrock Preferred Opportunity Trust), Auction Agency Agreement (Blackrock Global Floating Rate Income Trust), Auction Agency Agreement (Ing Clarion Global Real Estate Income Fund)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Trustee hereunder and has no duties to any other person and owes no fiduciary duties to any other Person person by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 4 contracts
Samples: Broker Dealer Agreement (Nelnet Inc), Broker Dealer Agreement (Nelnet Inc), Broker Dealer Agreement (Nelnet Inc)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Fund hereunder and owes no fiduciary duties to any other Person except as provided by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 4 contracts
Samples: Auction Agency Agreement (Investment Grade Municipal Income Fund), Auction Agency Agreement (Evergreen Income Advantage Fund), Auction Agency Agreement (Evergreen Utilities & High Income Fund)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust hereunder and owes no fiduciary duties to any Person, other Person than the Trust, by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered suffered, or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 3 contracts
Samples: Auction Agency Agreement (Blackrock Florida Insured Municipal Income Trust), Auction Agency Agreement (Blackrock California Insured Municipal Income Trust), Auction Agency Agreement (Blackrock New York Insured Municipal Income Trust)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust company hereunder and owes no fiduciary duties to any other Person Person, other than the Company, by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered suffered, or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 3 contracts
Samples: Broker Dealer Agreement (Zenix Income Fund Inc), Broker Dealer Agreement (Zenix Income Fund Inc), Broker Dealer Agreement (Smith Barney Intermediate Municipal Fund Inc)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Fund hereunder and owes no fiduciary duties to any other Person by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent factsfacts necessary to make such judgment.
Appears in 2 contracts
Samples: Broker Dealer Agreement (First Trust Tax-Advantaged Preferred Income Fund), Auction Agency Agreement (First Trust Tax-Advantaged Preferred Income Fund)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Fund hereunder and owes no fiduciary duties to any other Person by reason of this AgreementPerson.
(b) The Auction Agent undertakes to perform such duties and only such duties as are set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been grossly negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 2 contracts
Samples: Broker Dealer Agreement (First Trust/Four Corners Senior Floating Rate Income Fund), Broker Dealer Agreement (Energy Income & Growth Fund)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Fund hereunder and owes no fiduciary duties to any Person, other Person than the Fund, by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered suffered, or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 2 contracts
Samples: Auction Agency Agreement (Managed Municipals Portfolio Inc), Auction Agency Agreement (Smith Barney Intermediate Municipal Fund Inc)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Company hereunder and owes no fiduciary duties to any other Person by reason of this AgreementPerson.
(b) The Auction Agent undertakes to perform such duties and only such duties as are set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been grossly negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 2 contracts
Samples: Broker Dealer Agreement (Tortoise Energy Infrastructure Corp), Broker Dealer Agreement (Boulder Growth & Income Fund)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Fund hereunder and owes no fiduciary duties to any other Person Person, other than the Fund by reason of this the Auction Agency Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered suffered, or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of or judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 2 contracts
Samples: Broker Dealer Agreement (Nuveen Real Estate Income Fund), Broker Dealer Agreement (Nuveen Senior Income Fund)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Fund hereunder and owes no fiduciary duties to any other Person Person, other than the Fund, by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 1 contract
Samples: Broker Dealer Agreement (Managed Municipals Portfolio Inc)
Duties and Responsibilities. (ai) The Auction Agent is acting solely as agent for the Trust Company hereunder and owes no fiduciary duties to any other Person by reason of this Agreement.
(bii) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(ciii) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered suffered, or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 1 contract
Samples: Broker Dealer Agreement (Blackrock Florida Insured Municipal 2008 Term Trust)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Company hereunder and owes no fiduciary duties to any other Person by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically or incorporated by reference in this Agreement and the Auction Agent Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the The Auction Agent shall not be liable for any action taken, suffered suffered, or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement, provided it acted without bad faith or negligence. The Auction Agent shall not be liable for any error of judgment made reasonably and in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 1 contract
Samples: Broker Dealer Agreement (International Lease Finance Corp)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Company hereunder and owes no fiduciary duties to any other Person by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or gross negligence on its part, the Auction Agent shall not be liable for any action taken, suffered suffered, or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Action Agent shall have been grossly negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 1 contract
Samples: Broker Dealer Agreement (Prospect Street High Income Portfolio Inc)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Company hereunder and owes no fiduciary duties to any other Person by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 1 contract
Samples: Broker Dealer Agreement (Muniholdings New Jersey Insured Fund Inc)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust hereunder and owes no fiduciary duties to any other Person by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or or, omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. Agreement The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 1 contract
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust hereunder and owes no fiduciary duties to any other Person by reason of this Broker-Dealer Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this Broker-Dealer Agreement, and no implied covenants or obligations shall be read into this Broker-Dealer Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered suffered, or omitted by it, or for any error of judgment made by it in the performance of its duties under this Broker-Dealer Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 1 contract
Samples: Broker Dealer Agreement (Wachovia Asset Securitization Inc 2003-He2 Trust)
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust Fund hereunder and owes no fiduciary duties to any other Person by reason of this AgreementPerson.
(b) The Auction Agent undertakes to perform such duties and only such duties as are set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith willful misconduct or gross negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been grossly negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 1 contract
Samples: Auction Agency Agreement (Lehman Brothers First Trust Income Opportunity Fund)
Duties and Responsibilities. (a) The Auction Agent is not a trustee and is acting solely as agent for the Trust Company hereunder and owes no fiduciary duties to any other Person person by reason of this Agreement.
(b) The Auction Agent undertakes to perform such duties and only such duties as are specifically set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith negligence or negligence willful misconduct on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) ascertain the pertinent facts.
Appears in 1 contract
Duties and Responsibilities. (a) The Auction Agent is acting solely as agent for the Trust hereunder and owes no fiduciary duties to any other Person by reason of this AgreementAgree ment.
(b) The Auction Agent undertakes to perform such duties and only such duties as are set forth specifically in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Auction Agent.
(c) In the absence of bad faith or negligence on its part, the Auction Agent shall not be liable for any action taken, suffered or omitted by it, or for any error of judgment made by it in the performance of its duties under this Agreement. The Auction Agent shall not be liable for any error of judgment made in good faith unless the Auction Agent shall have been negligent in ascertaining (or failing to ascertain) the pertinent facts.
Appears in 1 contract
Samples: Broker Dealer Agreement (John Hancock Preferred Income Fund)
