Common use of Expenses, Fees, etc Clause in Contracts

Expenses, Fees, etc. <![if !supportLists]>(a) <![endif]>All fees and expenses, including legal and accounting expenses, portfolio transfer taxes (if any) or other similar expenses incurred in connection with the consummation by Acquired Fund and Acquiring Fund of the transactions contemplated by this Agreement will be borne by Massachusetts Mutual Life Insurance Company. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another party of such expenses would result in the disqualification of Acquiring Fund or Acquired Fund, as the case may be, as a “regulated investment company” within the meaning of Section 851 of the Code. <![if !supportLists]>(b) <![endif]>Reserved. <![if !supportLists]>(c) <![endif]>Reserved. <![if !supportLists]>(d) <![endif]>Reserved. <![if !supportLists]>(e) <![endif]>Notwithstanding any other provisions of this Agreement, if for any reason the transactions contemplated by this Agreement are not consummated, no party shall be liable to the other party for any damages resulting therefrom, including without limitation consequential damages, except as specifically set forth above.