Duties of Trustees. Except for any duties imposed by the Declaration or by Section 36(a) of the 1940 Act, in performing his duties hereunder or otherwise, no Trustee shall owe a duty of any kind, including, without limitation, any common law fiduciary duty to the Trust, the Shareholders, another Trustee or any other person; provided that the foregoing shall not eliminate a Trustee’s implied covenant of good faith and fair dealing.
Appears in 8 contracts
Samples: Agreement and Declaration of Trust (Alti Private Equity Access & Commitments Fund), Agreement and Declaration of Trust (Forum CRE Income Fund), Agreement and Declaration of Trust (VII Peaks Co-Optivist Income Fund)
Duties of Trustees. Except for any duties imposed by the Declaration or by Federal Securities laws including, without limitation, Section 36(a) of the 1940 Act, in performing his or her duties hereunder or otherwise, no Trustee shall owe a duty of any kind, including, without limitation, any common law fiduciary duty to the Trust, the Shareholders, another Trustee or any other person; provided that the foregoing shall not eliminate a Trustee’s implied covenant of good faith and fair dealing.
Appears in 1 contract
Samples: Amended and Restated Agreement and Declaration of Trust (Forum Real Estate Income Fund)