Exculpation; Indemnification. (a) Distributor shall not be liable to Authorized Firm and Authorized Firm shall not be liable to Distributor except for acts or failures to act which constitute lack of good faith or gross negligence and for obligations expressly assumed by either party hereunder. Nothing contained in this Agreement is intended to operate as a waiver by Distributor or by Authorized Firm of compliance with any applicable federal or state law, rule, or regulation and the rules and regulations promulgated by FINRA.
Appears in 18 contracts
Samples: Services Agreement (Pimco Variable Insurance Trust), Services Agreement (PIMCO Equity Series VIT), Participation Agreement (Mutual of America Separate Account No 2)
Exculpation; Indemnification. (a) 5.1 The Distributor shall not be liable to the Authorized Firm and the Authorized Firm shall not be liable to the Distributor except for acts or failures to act which constitute lack of good faith or gross negligence and for obligations expressly assumed by either party hereunder. Nothing contained in this Agreement is intended to operate as a waiver by the Distributor or by the Authorized Firm of compliance with any applicable federal or state law, rule, or regulation and the rules and regulations promulgated by FINRAregulation.
Appears in 5 contracts
Samples: Access One Trust, Access One Trust, Profunds
Exculpation; Indemnification. (a) 5.1 The Distributor shall not be liable to the Authorized Firm and the Authorized Firm shall not be liable to the Distributor except for acts or failures to act which constitute lack of good faith or gross negligence and for obligations expressly assumed by either party hereunder. Nothing contained in this Agreement is intended to operate as a waiver by the Distributor or by the Authorized Firm of compliance with any applicable federal or state law, rule, or regulation and the rules and regulations promulgated by FINRAregulation.
Appears in 5 contracts
Samples: Shareholder Services Agreement (Profunds), Shareholder Services Agreement (Access One Trust), Shareholder Services Agreement (Access One Trust)
Exculpation; Indemnification. (a) 4.1 The Distributor shall not be liable to the Authorized Firm and the Authorized Firm shall not be liable to the Distributor except for acts or failures to act which constitute lack of good faith or gross negligence and for obligations expressly assumed by either party hereunder. Nothing contained in this Agreement is intended to operate as a waiver by the Distributor or by the Authorized Firm of compliance with any applicable federal or state law, rule, or regulation and the rules and regulations promulgated by FINRAregulation.
Appears in 4 contracts
Samples: Dealer Agreement (Access One Trust), Access One Trust, Profunds
Exculpation; Indemnification. (a) Distributor shall not be liable to Authorized Firm the Company and Authorized Firm the Company shall not be liable to Distributor except for acts or failures to act which constitute lack of good faith or gross negligence and for obligations expressly assumed by either party hereunder. Nothing contained in this Agreement is intended to operate as a waiver by Distributor or by Authorized Firm the Company of compliance with any applicable federal or state law, rule, or regulation and the rules and regulations promulgated by FINRA.
Appears in 3 contracts
Samples: Services Agreement (Pimco Variable Insurance Trust), Services Agreement (Pimco Variable Insurance Trust), Services Agreement (Pimco Variable Insurance Trust)
