Common use of LIABILITY OF THE DISTRIBUTOR Clause in Contracts

LIABILITY OF THE DISTRIBUTOR. You shall be liable for your own acts and omissions caused by your willful misfeasance, bad faith, or gross negligence in the performance of your duties, or by your reckless disregard of your obligations under this Agreement, and nothing herein shall protect you against any such liability to the Trust or its shareholders. Subject to the first sentence of this Section, you shall not be liable for any action taken or omitted on advice, obtained in good faith, of counsel, provided such counsel is satisfactory to the Trust.

Appears in 6 contracts

Samples: Distribution Agreement (Kelmoore Strategic Trust), Distribution Agreement (Investors Capital Funds), Distribution Agreement (Kelmoore Strategy Variable Trust)

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LIABILITY OF THE DISTRIBUTOR. You shall be liable for your own acts and omissions caused by your willful misfeasance, bad faith, or gross negligence in the performance of your duties, or by your reckless disregard of your obligations under this Agreementcontract, and nothing herein shall protect you against any such liability to the Trust or its shareholders. Subject to the first sentence of this Sectionsection, you shall not be liable for any action taken or omitted on advice, obtained in good faith, of counsel, provided such counsel is satisfactory to the Trust.

Appears in 3 contracts

Samples: Burnham Investors Trust, Burnham Investors Trust, Burnham Fund Inc

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LIABILITY OF THE DISTRIBUTOR. You shall be liable for your own acts and omissions caused by your willful misfeasance, bad faith, or gross negligence in the performance of your duties, or by your reckless disregard of your obligations under this Agreement, and nothing herein shall protect you against any such liability to the Trust or its shareholders. Subject to the first sentence of this Sectionforegoing, you shall not be liable for any action taken or omitted on advice, obtained in good faith, of counsel, provided such counsel is satisfactory to the Trust.

Appears in 3 contracts

Samples: Distribution Agreement (Hambrecht & Quist Fund Trust), Distribution Agreement (Hambrecht & Quist Fund Trust), Distribution Agreement (Hambrecht & Quist Fund Trust)

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