Information Provided to Marketing Agent. In performing its duties hereunder, the Marketing Agent shall be entitled to rely on and shall not be responsible in any way for information provided to it by the General Partner and its service providers and shall not be liable or responsible for the errors and omissions of such service providers, provided that the foregoing shall not be construed to protect the Marketing Agent against any liability to the General Partner or the Fund to which the Marketing Agent would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties under this Agreement.
Appears in 17 contracts
Samples: Marketing Agent Agreement (United States 12 Month Natural Gas Fund, LP), Marketing Agent Agreement (United States Brent Oil Fund, LP), Marketing Agent Agreement (United States 12 Month Natural Gas Fund, LP)
Information Provided to Marketing Agent. In performing its duties hereunder, the Marketing Agent shall be entitled to rely on and shall not be responsible in any way for information provided to it by the General Partner Sponsor and its service providers and shall not be liable or responsible for the errors and omissions of such service providers, provided that the foregoing shall not be construed to protect the Marketing Agent against any liability to the General Partner Sponsor, the Trust or the Fund to which the Marketing Agent would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties under this Agreement.
Appears in 3 contracts
Samples: Marketing Agent Agreement (United States Currency Funds Trust), Marketing Agent Agreement (United States Commodity Funds Trust I), Marketing Agent Agreement (United States Commodity Index Funds Trust)
Information Provided to Marketing Agent. In performing its duties hereunder, the Marketing Agent shall be entitled to rely on and shall not be responsible in any way for information provided to it by the General Partner Sponsor and its service providers and shall not be liable or responsible for the errors and omissions of such service providers, provided that the foregoing shall not be construed to protect the Marketing Agent against any liability to the General Partner Sponsor or the Fund to which the Marketing Agent would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties under this Agreement.
Appears in 2 contracts
Samples: Marketing Agent Agreement (Teucrium Commodity Trust), Marketing Agent Agreement (Teucrium Commodity Trust)
Information Provided to Marketing Agent. In performing its duties hereunder, hereunder the Marketing Agent shall be entitled to rely on and shall not be responsible in any way for information provided to it by the General Partner Trustee or the Sponsor and its their respective service providers and shall not be liable or responsible for the errors and omissions of such service providers, provided that the foregoing shall not be construed to protect the Marketing Agent against any liability to the General Partner Trustee, the Sponsor, the Trust or the Fund Trust’s beneficial owners to which the Marketing Agent would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties under this Agreement.
Appears in 2 contracts
Samples: Marketing Agent Agreement (SPDR Gold Trust), Marketing Agent Agreement (SPDR Gold Trust)
Information Provided to Marketing Agent. In performing its duties hereunder, hereunder the Marketing Agent shall be entitled to rely on and shall not be responsible in any way for information provided to it by the General Partner Trustee or the Sponsor and its their respective service providers and shall not be liable or responsible for the errors and omissions of such service providers, provided that the foregoing shall not be construed to protect the Marketing Agent against any liability to the General Partner Trustee, the Sponsor, the Trust or the Fund Trust's beneficial owners to which the Marketing Agent would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties under this Agreement.
Appears in 2 contracts
Samples: Marketing Agent Agreement, Marketing Agent Agreement (streetTRACKS GOLD TRUST)
Information Provided to Marketing Agent. In performing its duties hereunder, the Marketing Agent shall be entitled to rely on and shall not be responsible in any way for information provided to it by the General Partner Sponsor and its service providers and shall not be liable or responsible for the errors and omissions of such service providers, provided that the foregoing shall not be construed to protect the Marketing Agent against any liability to the General Partner Sponsor, the Trust or the Fund to which the Marketing Agent would otherwise be subject by reason of willful misfeasancemisconduct, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties under this Agreement.
Appears in 2 contracts
Samples: Marketing Agent Agreement (USCF Funds Trust), Marketing Agent Agreement (USCF Funds Trust)
Information Provided to Marketing Agent. In performing its duties hereunder, the Marketing Agent shall be entitled to rely on and shall not be responsible in any way for information provided to it by the General Partner and its Sponsor or the service providers of the Trust, and shall not be liable or responsible for the errors and omissions of the Sponsor or such service providers; provided, provided however, that the foregoing shall not be construed to protect the Marketing Agent against any liability to the General Partner Sponsor or to the Fund Trust to which the Marketing Agent would otherwise be subject by reason of its willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties under this Agreement.
Appears in 1 contract
Samples: Marketing Agent Agreement (JPM XF Physical Copper Trust)