General Limitations on Liability. The Administrator shall incur no liability with respect to any telecommunications, equipment or power failures except to the extent any loss or damage to a Fund was caused by Administrator’s failure to take commercially reasonable steps to minimize the amount of loss or damage sustained by the Fund as a result of such telecommunications, equipment or power failure. The Administrator shall incur no liability with respect to any failures to perform or delays in performance by postal or courier services or third-party information providers (including without limitation those listed on Appendix D), provided that any decision of Administrator to use such postal or courier service or third-party information provider was reasonable under the circumstances.
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Samples: Fund Administration and Accounting Agreement (PowerShares India Exchange-Traded Fund Trust), Fund Administration and Accounting Agreement (PowerShares India Exchange-Traded Fund Trust)
General Limitations on Liability. The Administrator shall incur no liability with respect to any telecommunications, equipment or power failures except to the extent any loss or damage to a Fund was caused by AdministratorAdministator’s failure to take commercially reasonable steps to minimize the amount of loss or damage sustained by the Fund as a result of such telecommunications, equipment or power failure. The Administrator shall incur no liability with respect to or any failures to perform or delays in performance by postal or courier services or third-party information providers (including including, without limitation those listed on Appendix DC), provided that any decision of Administrator to use such postal or courier service or third-party information provider was reasonable under the circumstances.
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General Limitations on Liability. The Administrator shall incur no liability with respect to any telecommunications, equipment or power failures except to the extent any loss or damage to a Fund was caused by Administrator’s Administator's failure to take commercially reasonable steps to minimize the amount of loss or damage sustained by the Fund as a result of such telecommunications, equipment or power failure. The Administrator shall incur no liability with respect to or any failures to perform or delays in performance by postal or courier services or third-party information providers (including including, without limitation those listed on Appendix DC), provided that any decision of Administrator to use such postal or courier service or third-party information provider was reasonable under the circumstances.
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Samples: Administrative Agency Agreement (Ameristock ETF Trust)