LIABILITY OF THE DISTRIBUTOR. In the performance of its duties hereunder, the Broker shall be obligated to exercise care and diligence and to act in good faith and to use its best efforts within reasonable limits to ensure the accuracy of all services performed under this Agreement, but the Broker shall not be liable for any act or omission which loss does not constitute willful misfeasance, bad faith or gross negligence on the part of the Broker or reckless disregard by the Broker of its duties under this Agreement.
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Samples: Distribution Agreement (Manning & Napier Fund, Inc.), Distribution Agreement (Manning & Napier Fund, Inc.), Distribution Agreement (Manning & Napier Fund Inc)
LIABILITY OF THE DISTRIBUTOR. In the performance of its duties ------------------------------- hereunder, the Broker shall be obligated to exercise care and diligence and to act in good faith and to use its best efforts within reasonable limits to ensure the accuracy of all services performed under this Agreement, but the Broker shall not be liable for any act or omission which loss does not constitute willful misfeasance, bad faith or gross negligence on the part of the Broker or reckless disregard by the Broker of its duties under this Agreement.
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