Common use of Duty of Care Clause in Contracts

Duty of Care. It is understood and agreed that, in furnishing the Company with the services as herein provided, neither the Transfer Agent, nor any officer, director or agent thereof shall be held liable for any loss arising out of or in connection with their actions under this Agreement so long as they act in good faith and with due diligence, and are not negligent or guilty of any willful misconduct. It is further understood and agreed that the Transfer Agent may rely upon information furnished to it reasonably believed to be accurate and reliable. In the event the Transfer Agent is unable to perform its obligations under the terms of this Agreement because of an act of God, strike or equipment or transmission failure reasonably beyond its control, the Transfer Agent shall not be liable for any damages resulting from such failure.

Appears in 108 contracts

Samples: Transfer Agency Agreement (Ids Progressive Fund Inc), Transfer Agency Agreement (Axp Investment Series Inc), Transfer Agency Agreement (Axp Tax-Exempt Series Inc)

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Duty of Care. It is understood and agreed that, in furnishing the Company Fund with the services as herein provided, neither the Transfer Agent, nor any officer, director or agent thereof shall be held liable for any loss arising out of or in connection with their actions under this Agreement so long as they act in good faith and with due diligence, and are not negligent or guilty of any willful misconduct. It is further understood and agreed that the Transfer Agent may rely upon information furnished to it reasonably believed to be accurate and reliable. In the event the Transfer Agent is unable to perform its obligations under the terms of this Agreement because of an act of God, strike or equipment or transmission failure reasonably beyond its control, the Transfer Agent shall not be liable for any damages resulting from such failure.

Appears in 62 contracts

Samples: Transfer Agent Agreement (Seligman Capital Fund Inc), Transfer Agency and Servicing Agreement (Seligman Portfolios Inc/Ny), Transfer Agency and Servicing Agreement (RiverSource Variable Series Trust)

Duty of Care. It is understood and agreed that, in furnishing the Company Funds with the services as herein provided, neither the Transfer Agent, nor any officer, director or agent thereof shall be held liable for any loss arising out of or in connection with their actions under this Agreement so long as they act in good faith and with due diligence, and are not negligent or guilty of any willful misconduct. It is further understood and agreed that the Transfer Agent may rely upon information furnished to it reasonably believed to be accurate and reliable. In the event the Transfer Agent is unable to perform its obligations under the terms of this Agreement because of an act of God, strike or equipment or transmission failure reasonably beyond its control, the Transfer Agent shall not be liable for any damages resulting from such failure.

Appears in 18 contracts

Samples: Transfer Agency Agreement (Axp Partners Series Inc), Transfer Agency Agreement (Axp Special Tax-Exempt Series Trust), Transfer Agency Agreement (Axp Partners International Series Inc)

Duty of Care. It is understood and agreed that, in furnishing the Company Trust with the services as herein provided, neither the Transfer Agent, nor any officer, director trustee or agent thereof shall be held liable for any loss arising out of or in connection with their actions under this Agreement so long as they act in good faith and with due diligence, and are not negligent or guilty of any willful misconduct. It is further understood and agreed that the Transfer Agent may rely upon information furnished to it reasonably believed to be accurate and reliable. In the event the Transfer Agent is unable to perform its obligations under the terms of this Agreement because of an act of God, strike or equipment or transmission failure reasonably beyond its control, the Transfer Agent shall not be liable for any damages resulting from such failure.

Appears in 10 contracts

Samples: Transfer Agency and Administrative Services Agreement (World Trust), Transfer Agency and Administrative Services Agreement (Growth & Income Trust), Transfer Agency and Administrative Services Agreement (Tax Free Income Trust)

Duty of Care. It is understood and agreed that, in furnishing the Company with the services as herein provided, neither the Transfer Agent, nor any officer, director trustee or agent thereof shall be held liable for any loss arising out of or in connection with their actions under this Agreement so long as they act in good faith and with due diligence, and are not negligent or guilty of any willful misconduct. It is further understood and agreed that the Transfer Agent may rely upon information furnished to it reasonably believed to be accurate and reliable. In the event the Transfer Agent is unable to perform its obligations under the terms of this Agreement because of an act of God, strike or equipment or transmission failure reasonably beyond its control, the Transfer Agent shall not be liable for any damages resulting from such failure.

Appears in 4 contracts

Samples: Transfer Agency Agreement (Axp Special Tax-Exempt Series Trust), Transfer Agency Agreement (Axp California Tax-Exempt Trust), Transfer Agency Agreement (Ids Special Tax Exempt Series Trust)

Duty of Care. It is understood and agreed that, in furnishing the Company Corporation with the services as herein provided, neither the Transfer Agent, nor any officer, director or agent thereof shall be held liable for any loss arising out of or in connection with their actions under this Agreement so long as they act in good faith and with due diligence, and are not negligent or guilty of any willful misconduct. It is further understood and agreed that the Transfer Agent may rely upon information furnished to it reasonably believed to be accurate and reliable. In the event the Transfer Agent is unable to perform its obligations under the terms of this Agreement because of an act of God, strike or equipment or transmission failure reasonably beyond its control, the Transfer Agent shall not be liable for any damages resulting from such failure.

Appears in 3 contracts

Samples: Transfer Agency Agreement (Ids Investment Series Inc), Transfer Agency Agreement (Ids Money Market Series Inc), Transfer Agency Agreement (Ids Global Series Inc)

Duty of Care. It is understood and agreed that, in furnishing the Company Trust with the services as herein provided, neither the Transfer Agent, nor any officer, director trustee or agent thereof shall be held liable for any loss arising out of or in connection with their actions under this Agreement so long as they act in good faith and with due diligence, and are not negligent or guilty of any willful misconduct. It is further understood and agreed that the Transfer Agent may rely upon information furnished to it reasonably believed to be accurate and reliable. In the event the Transfer Agent is unable to perform its obligations under the terms of this Agreement because of an act of God, strike or equipment or transmission failure reasonably beyond its control, the Transfer Agent shall not be liable for any damages resulting from such failure.. PAGE

Appears in 2 contracts

Samples: Transfer Agency and Administrative Services Agreement (World Trust), Transfer Agency and Administrative Services Agreement (Growth & Income Trust)

Duty of Care. It is understood and agreed that, in furnishing the Company Fund with the services as herein provided, neither the Transfer Service Agent, nor any officer, director or agent thereof shall be held liable for any loss arising out of or in connection with their actions under this Agreement so long as they act in good faith and with due diligence, and are not negligent or guilty of any willful misconduct. It is further understood and agreed that the Transfer Service Agent may rely upon information furnished to it reasonably believed to be accurate and reliable. In the event the Transfer Service Agent is unable to perform its obligations under the terms of this Agreement because of an act of God, strike or equipment or transmission failure reasonably beyond its control, the Transfer Service Agent shall not be liable for any damages resulting from such failure.

Appears in 2 contracts

Samples: Stockholder Service Agent Agreement (Tri-Continental Corp), Stockholder Service Agent Agreement (Tri-Continental Corp)

Duty of Care. It is understood and agreed that, in furnishing the Company Trust with the services as herein provided, neither the Transfer Agent, nor any officer, director trustee or agent thereof shall be held liable for any loss arising out of or in connection with their actions under this Agreement so long as they act in good faith and with due diligence, and are not negligent or guilty of any willful misconduct. It is further understood and agreed that the Transfer Agent may rely upon information furnished to it reasonably believed PAGE 4 to be accurate and reliable. In the event the Transfer Agent is unable to perform its obligations under the terms of this Agreement because of an act of God, strike or equipment or transmission failure reasonably beyond its control, the Transfer Agent shall not be liable for any damages resulting from such failure.

Appears in 2 contracts

Samples: Transfer Agency and Administrative Services Agreement (World Trust), Transfer Agency and Administrative Services Agreement (Tax Free Income Trust)

Duty of Care. It is understood and agreed that, in furnishing the Company Funds with the services as herein provided, neither the Transfer Agent, nor any officer, director or agent thereof shall be held liable for any loss arising out of or in connection with their actions under this Agreement agreement so long as they act in good faith and with due diligence, and are not negligent or guilty of any willful misconduct. It is further understood and agreed that the Transfer Agent may rely upon information furnished to it reasonably believed to be accurate and reliable. In the event the Transfer Agent is unable to perform its obligations under the terms of this Agreement agreement because of an act of God, strike strike, or equipment or transmission failure reasonably beyond its control, the Transfer Agent shall not be liable for any damages resulting from such failure.

Appears in 1 contract

Samples: Transfer Agency Agreement (Ids Global Series Inc)

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Duty of Care. It is understood and agreed that, in furnishing the Company with the services as herein provided, neither the Transfer Agent, nor any officer, director or agent thereof shall be held liable for any loss arising out of or in connection with their actions under this Agreement so long as they act in good faith and with due diligence, diligence and are not negligent or guilty of any willful misconduct. It is further understood and agreed that the Transfer Agent may rely upon information furnished to it reasonably believed to be accurate and reliable. In the event the Transfer Agent is unable to perform its obligations under the terms of this Agreement because of an act of God, strike or equipment or transmission failure reasonably beyond its control, the Transfer Agent shall not be liable for any damages resulting from such failure.

Appears in 1 contract

Samples: Transfer Agency Agreement (Ids High Yield Tax Exempt Fund Inc /Mn/)

Duty of Care. It is understood and agreed that, in furnishing the Company with the services as herein provided, neither the Transfer Agent, nor any officer, director or agent thereof shall be held liable for any loss arising out of or in connection with their actions under this Agreement so long as they act in good faith and with due diligence, and are not negligent or guilty of any willful misconduct. It is further understood and agreed that the Transfer Agent may rely upon information furnished to it reasonably believed to be accurate and reliable. In the event the Transfer Agent is unable to perform its obligations under the terms of this Agreement because of an act of God, God strike or equipment or transmission failure reasonably beyond its control, the Transfer Agent shall not be liable for any damages resulting from such failure.

Appears in 1 contract

Samples: Transfer Agency Agreement (Ids Equity Select Fund Inc)

Duty of Care. It is understood and agreed that, in furnishing the Company Funds with the services as herein provided, neither the Transfer Agent, nor any officer, director or agent thereof shall be held liable for any loss arising out of or in connection with their actions under this Agreement agreement so long as they act in good faith and with due diligence, and are not negligent or guilty of any willful misconduct. It is further understood and agreed that the Transfer Agent may rely upon information furnished to it reasonably believed to be accurate and reliable. In the event the Transfer Agent is unable to perform its obligations under the terms of this Agreement agreement because of an act of God, strike or equipment or transmission failure reasonably beyond its control, the Transfer Agent shall not be liable for any damages resulting from such failure.

Appears in 1 contract

Samples: Transfer Agency Agreement (Express Direct World Fund Inc)

Duty of Care. It is understood and agreed that, that in furnishing the Company with the services as herein provided, neither the Transfer Agent, nor any officer, director or agent thereof shall be held liable for any loss arising out of or in connection with their actions under this Agreement so long as they act in good faith and with due diligence, and are not negligent or guilty of any willful misconduct. It is further understood and agreed that the Transfer Agent may rely upon information furnished to it reasonably believed to be accurate and reliable. In the event the Transfer Agent is unable to perform its obligations under the terms of this Agreement because of an act of God, strike or equipment or transmission failure reasonably beyond its control, the Transfer Agent shall not be liable for any damages resulting from such failure.

Appears in 1 contract

Samples: Transfer Agency Agreement (Axp Global Series Inc)

Duty of Care. It is understood and agreed that, in furnishing the Company Portfolios with the services as herein provided, neither the Transfer Agent, nor any officer, director trustee or agent thereof shall be held liable for any loss arising out of or in connection with their actions under this Agreement agreement so long as they act in good faith and with due diligence, and are not negligent or guilty of any willful misconduct. It is further understood and agreed that the Transfer PAGE 4 Agent may rely upon information furnished to it reasonably believed to be accurate and reliable. In the event the Transfer Agent is unable to perform its obligations under the terms of this Agreement agreement because of an act of God, strike or equipment or transmission failure reasonably beyond its control, the Transfer Agent shall not be liable for any damages resulting from such failure.

Appears in 1 contract

Samples: Transfer Agency and Administrative Services Agreement (World Trust)

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