Limitation of Fund’s Liability. The Term "The Upright Growth Funds" means and refers to the Fund from time to time serving under the Fund's Declaration of Trust as the same may subsequently thereto have been, or subsequently hereto be, amended. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of the Trustees, Shareholders, nominees, officers, agents or employees of the Fund, personally, but bind only the trust property of the Fund, as provided in the Declaration of Trust of the Upright Investments Trust. The execution and delivery of this Agreement have been authorized by the Trustees and Shareholders of the Fund and signed by the officers of the Fund, acting as such, and neither such authorization by such Trustees and Shareholders nor such execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on them personally, but shall bind only the trust property of the Fund as provided in its Declaration of Trust. A copy of the Agreement and Declaration of Trust of the Fund is on file with the SEC.
Limitation of Fund’s Liability. ALPS acknowledges that it has received notice of and accepts the limitations upon the Fund’s liability set forth in its Agreement and Declaration of Trust. ALPS agrees that any of the Fund’s obligations shall be limited to the assets of the applicable Portfolio and that ALPS shall not seek satisfaction of any such obligation from the shareholders of the Fund nor from any trustee, officer, employee or agent of the Fund.
Limitation of Fund’s Liability. CASC acknowledges that it has received notice of and accepts the limitation on the Fund's liability. CASC agrees that the Fund's obligations in any case extend only to its series and classes and their assets, and that CASC will not seek satisfaction of any obligation from the shareholders or any Director, officer, employee or agent of the Fund.
Limitation of Fund’s Liability. The Subadviser acknowledges that it has received notice of and accepts the limitations upon the Fund’s liability set forth in the Fund’s Charter Documents. The Subadviser agrees that any of the Fund’s obligations shall be limited to the assets of the Portfolio and that the Subadviser shall not seek satisfaction of any such obligation from the shareholders of the Fund nor from any Director, officer, employee or agent of or other series of the Fund.
Limitation of Fund’s Liability. The Sub-adviser acknowledges that it has received notice of and accepts the limitations upon the Fund’s liability set forth in the Trust’s Trust Instrument, as amended.
Limitation of Fund’s Liability. The Adviser acknowledges that it has received notice of and accepts the limitations upon the Fund's liability set forth in its Declaration of Trust. The Adviser agrees that the Fund's obligations hereunder in any case shall be limited to the Fund and its assets and that the Adviser shall not seek satisfaction of any obligation from the shareholders of a Series nor from any Trustee, officer, employee or agent of the Fund.
Limitation of Fund’s Liability. It is expressly agreed that the obligations of the Trust hereunder shall not be binding upon any of the Trustees, shareholders, nominees, officers, agents or employees of the Trust personally, but bind only the property of the applicable Portfolio (and no other Portfolio), as provided in the Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees of the Trust and signed by officers of the Trust, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the property of the applicable Portfolio (and no other Portfolio) as provided in its Declaration of Trust. A copy of the Agreement and Declaration of Trust is on file with the Secretary of the State of Ohio.
Limitation of Fund’s Liability. If, notwithstanding the limitations on liability in other provisions of this Agreement, liability is imposed on the Fund or Service Organization arising from or relating to allegations of the Fund’s or Service Organization’s performance, failure of performance or negligent performance of any express or implied duties or obligations under this Agreement, or allegations of violations of any express or implied legal or equitable right under this Agreement, then Employer agrees that the Fund’s and the Service Organization’s total liability for any or all of Employer’s losses or injuries shall not exceed the then-current year’s annual contribution. Employer agrees that it will not sue the Fund or Service Organization for any amount greater than permitted by this Agreement.
Limitation of Fund’s Liability. The Term "Covered Persons" means and refers to the trustees and officers from time to time serving under the Fund's Declaration of Trust as the same may subsequently thereto have been, or subsequently hereto be, amended. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of the Covered Persons, Shareholders, nominees, agents or employees of the Fund personally, but bind only the property of the Fund, as provided in Fund's Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees of the Fund and signed by the officers of the Fund, acting as such, and neither such authorization by such Trustees, nor such execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on them personally, but shall bind only the property of the Fund as provided in its Declaration of Trust.
Limitation of Fund’s Liability. The Sub-Adviser acknowledges that it has received notice of and accepts the limitations upon the Fund's liability set forth in its Agreement and Articles of Incorporation and By-Laws. The Sub-Adviser agrees that any of the Fund's obligations shall be limited to the assets of the Portfolios and that the Sub-Adviser shall not seek satisfaction of any such obligation from the shareholders of the Fund nor from any Fund officer, employee or agent of the Fund.
