Legal-Related Services. Nothing in this Agreement shall be deemed to appoint Fund Services and its officers, directors and employees as the Fund attorneys, form attorney-client relationships or require the provision of legal advice. The Fund acknowledges that in-house Fund Services attorneys exclusively represent Fund Services and rely on outside counsel retained by the Fund to review all services provided by in-house Fund Services attorneys and to provide independent judgment on the Fund’s behalf. Because no attorney-client relationship exists between in-house Fund Services attorneys and the Fund, any information provided to Fund Services attorneys may not be privileged and may be subject to compulsory disclosure under certain circumstances. Fund Services represents that it will maintain the confidentiality of information disclosed to its in-house attorneys on a best efforts basis. Fund Services may consult with counsel to the appropriate Fund or its own counsel, at such Fund’s expense, and shall be fully protected with respect to anything done or omitted by it in good faith in accordance with the advice or opinion of such counsel.
Appears in 15 contracts
Samples: Fund Administration Servicing Agreement (Procure ETF Trust I), Fund Administration Servicing Agreement (Innovator ETFs Trust), Fund Administration Servicing Agreement (Pacific Global ETF Trust)
Legal-Related Services. Nothing in this Agreement shall be deemed to appoint Fund Services and its officers, directors and employees as the Fund a Fund’s attorneys, form attorney-client relationships or require the provision of legal advice. The Fund Trust acknowledges that in-house Fund Services attorneys exclusively represent Fund Services and rely on outside Fund counsel retained by the Fund to review all services provided by in-house Fund Services attorneys and to provide independent judgment on the Fund’s Funds’ behalf. Because no attorney-client relationship exists between in-house Fund Services attorneys and the a Fund, any information provided to Fund Services attorneys may not be privileged and may be subject to compulsory disclosure under certain circumstances. Fund Services represents that it will maintain the confidentiality of information disclosed to its in-house attorneys on a best efforts basis. Fund Services may consult with Fund counsel to the appropriate Fund or (with such Fund’s consent) its own counsel, at such Fund’s expense, and shall be fully protected with respect to anything done or omitted by it in good faith in accordance with the advice or opinion of such counsel. Any such consultations will remain subject to privilege, as appropriate.
Appears in 2 contracts
Samples: Fund Administration Servicing Agreement (TrimTabs ETF Trust), Fund Administration Servicing Agreement (TigerShares Trust)
Legal-Related Services. Nothing in this Agreement shall be deemed to appoint Fund Services and its officers, directors and directors, employees as the Fund attorneys, form attorney-client relationships or require the provision of legal advice. The Fund acknowledges that in-house Fund Services attorneys exclusively represent Fund Services and rely on outside counsel retained by the Fund to review all services provided by in-house Fund Services attorneys and to provide independent judgment on the Fund’s behalf. Because no attorney-client relationship exists between in-house Fund Services attorneys and the Fund, any information provided to Fund Services attorneys may not be privileged and may be subject to compulsory disclosure under certain circumstances. Fund Services represents that it will maintain the confidentiality of information disclosed to its in-house attorneys on a best efforts basis. Fund xxxxx.Xxxx Services may consult with counsel to the appropriate Fund or its own counsel, at such Fund’s expense, and shall be fully protected with respect to anything done or omitted by it in good faith in accordance with the advice or opinion of such counsel.
Appears in 1 contract
Samples: Fund Administration Servicing Agreement (StrongVest ETF Trust)
Legal-Related Services. Nothing in this Agreement shall be deemed to appoint Fund Services and its officers, directors and employees as the Fund attorneys, form attorney-client relationships or require the provision of legal advice. The Fund acknowledges that in-house Fund Services attorneys exclusively represent Fund Services and rely on outside counsel retained by the Fund to review all services provided by in-house Fund Services attorneys and to provide independent judgment on the Fund’s behalf. Because no attorney-client relationship exists between in-house Fund Services attorneys and the Fund, any information provided to Fund Services attorneys may not be privileged and may be subject to compulsory disclosure under certain circumstances. Fund Services represents that it will maintain the confidentiality of information disclosed to its in-house attorneys on a best efforts basis. Execution Copy Fund Services may consult with counsel to the appropriate Fund or its own counsel, at such Fund’s expense, and shall be fully protected with respect to anything done or omitted by it in good faith in accordance with the advice or opinion of such counsel.
Appears in 1 contract
Samples: Fund Administration Servicing Agreement (Amplify ETF Trust)