Common use of Liability of Distributor Clause in Contracts

Liability of Distributor. The duties of the Distributor shall be limited to those expressly set forth herein, and no implied duties, except the duty to act in good faith, are assumed by or may be asserted against the Distributor hereunder. The Distributor may, in connection with this Agreement employ agents or attorneys in fact, and shall not be liable for any loss arising out of or in connection with its actions under this Agreement, so long as it acts in good faith and with due diligence, and is not negligent or guilty of any willful misfeasance, bad faith or gross negligence, or reckless disregard of its obligations and duties under this Agreement. As used in this Section 11 and in Section 12 (except the second paragraph of Section 12), the term "Distributor" shall include directors, officers, employees and other agents of the Distributor.

Appears in 4 contracts

Samples: Distribution Agreement (Institutional Development Trust), Distribution Agreement (10k Smart Trust), Distribution Agreement (Ashport Mutual Funds Trust)

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Liability of Distributor. The duties of the Distributor shall be limited to those expressly set forth herein, and no implied duties, except the duty to act in good faith, are assumed by or may be asserted against the Distributor hereunder. The Distributor may, in connection with this Agreement Agreement, employ agents or attorneys in fact, and shall not be liable for any loss arising out of or in connection with its actions under this Agreement, so long as it acts in good faith and with due diligence, and is not negligent or guilty of any willful misfeasance, bad faith or gross negligencefaith, or reckless disregard of its obligations and duties under this Agreement. As used in this Section 11 and in Section 12 (except the second paragraph of Section 12), the term "Distributor" shall include directors, directors officers, employees and other agents of the Distributor.

Appears in 1 contract

Samples: Distribution Agreement (Rockland Funds Trust)

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Liability of Distributor. The duties of the Distributor shall be limited to those expressly set forth herein, and no implied duties, except the duty to act in good faith, are are, assumed by or may be asserted against the Distributor hereunder. The Distributor may, in connection with this Agreement employ agents or attorneys in fact, and shall not be liable for any loss arising out of or in connection with its actions under this Agreement, so long as it acts in good faith and with due diligence, and is not negligent or guilty of any willful misfeasance, bad faith or gross negligence, or reckless disregard of its obligations and duties under this Agreement. As used in this Section 11 and in Section 12 (except the second paragraph of Section 12), the term "Distributor" shall include directors, officers, employees and other agents of the Distributor.

Appears in 1 contract

Samples: Distribution Agreement (Grand Prix Funds Inc)

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