Common use of Limitation of Liabilities; Indemnification Clause in Contracts

Limitation of Liabilities; Indemnification. (a) Stephens shall not be liable for any error of judgment or mistakx xx xxx or for any loss suffered by the Company in connection with the performance of its obligations and duties under this Agreement, except a loss resulting from Stephens' willful misfeasance, bad faith or gross negligence in xxx xxxxormance of such obligations and duties, or by reason of its reckless disregard thereof. Any person, even though also an officer, Director, partner, employee or agent of Stephens, shall be deemed, when rendering services to the Companx xx xxxing on any business of the Company (other than services or business in connection with Stephens' duties as Administrator hereunder), to be acting solelx xxx xxe Company and not as an officer, Director, partner, employee or agent or one under the control or discretion of Stephens even though paid by it. (b) The Company, xx xxxalf of each Fund, will indemnify Stephens against and hold it harmless from any and all losses, cxxxxx, xamages, liabilities or expenses (including reasonable counsel fees and expenses) resulting from any claim, demand, action or suit relating to the particular Fund and not resulting from the willful misfeasance, bad faith or gross negligence of Stephens in the performance of such obligations and duties or by xxxxxx of its reckless disregard thereof. Stephens will not confess any claim or settle or make any comproxxxx xx any instance in which the Company will be asked to provide indemnification, except with the Company's prior written consent. Any amounts payable by the Company under this Section 5(b) shall be satisfied only against the assets of the Fund involved in the claim, demand, action or suit and not against the assets of any other Fund of the Company.

Limitation of Liabilities; Indemnification. (a) Stephens Xxxxxxxx shall not be liable for any error of judgment or mistakx xx xxx mistake of law or for any loss suffered by the Company Trust in connection with the performance of its obligations and duties under this Agreement, except a loss resulting from StephensXxxxxxxx' willful misfeasance, bad faith or gross negligence in xxx xxxxormance the performance of such obligations and duties, or by reason of its reckless disregard thereof. Any person, even though also an officer, DirectorTrustees, partner, employee or agent of StephensXxxxxxxx, shall be deemed, when rendering services to the Companx xx xxxing Trust or acting on any business of the Company Trust (other than services or business in connection with StephensXxxxxxxx' duties as Administrator hereunder), to be acting solelx xxx xxe Company solely for the Trust and not as an officer, Director, partner, employee or agent or one under the control or discretion of Stephens Xxxxxxxx even though paid by it. (b) The CompanyTrust, xx xxxalf on behalf of each FundPortfolio, will indemnify Stephens Xxxxxxxx against and hold it harmless from any and all losses, cxxxxxclaims, xamagesdamages, liabilities or expenses (including reasonable counsel fees and expenses) resulting from any claim, demand, action or suit relating to the particular Fund Portfolio and not resulting from the willful misfeasance, bad faith or gross negligence of Stephens Xxxxxxxx in the performance of such obligations and duties or by xxxxxx reason of its reckless disregard thereof. Stephens Xxxxxxxx will not confess any claim or settle or make any comproxxxx xx compromise in any instance in which the Company Trust will be asked to provide indemnification, except with the CompanyTrust's prior written consent. Any amounts payable by the Company Trust under this Section 5(b) shall be satisfied only against the assets of the Fund Portfolio involved in the claim, demand, action or suit and not against the assets of any other Fund investment portfolio of the CompanyTrust.

Limitation of Liabilities; Indemnification. (a) Stephens Xxxxxxxx shall not be liable for any error of judgment or mistakx xx xxx mistake of law or for any loss suffered by the Company in connection with the performance of its obligations and duties under this Agreement, except a loss resulting from StephensXxxxxxxx' willful misfeasance, bad faith or gross negligence in xxx xxxxormance the performance of such obligations and duties, or by reason of its reckless disregard thereof. Any person, even though also an officer, Director, partner, employee or agent of StephensXxxxxxxx, shall be deemed, when rendering services to the Companx xx xxxing Company or acting on any business of the Company (other than services or business in connection with StephensXxxxxxxx' duties as Administrator hereunder), to be acting solelx xxx xxe solely for the Company and not as an officer, Director, partner, employee or agent or one under the control or discretion of Stephens Xxxxxxxx even though paid by it. (b) The Company, xx xxxalf on behalf of each Fund, will indemnify Stephens Xxxxxxxx against and hold it harmless from any and all losses, cxxxxxclaims, xamagesdamages, liabilities or expenses (including reasonable counsel fees and expenses) resulting from any claim, demand, action or suit relating to the particular Fund and not resulting from the willful misfeasance, bad faith or gross negligence of Stephens Xxxxxxxx in the performance of such obligations and duties or by xxxxxx reason of its reckless disregard thereof. Stephens Xxxxxxxx will not confess any claim or settle or make any comproxxxx xx compromise in any instance in which the Company will be asked to provide indemnification, except with the Company's prior written consent. Any amounts payable by the Company under this Section 5(b) shall be satisfied only against the assets of the Fund involved in the claim, demand, action or suit and not against the assets of any other Fund investment portfolio of the Company.

Limitation of Liabilities; Indemnification. (a) Stephens Xxxxxxxx shall not be liable for any error of judgment or mistakx xx xxx mistake of law or for any loss suffered by the Company Capitol Funds in connection with the performance of its obligations and duties under this Agreement, except a loss resulting from StephensXxxxxxxx' willful misfeasance, bad faith or gross negligence in xxx xxxxormance the performance of such obligations and duties, or by reason of its reckless disregard thereof. Any person, even though also an officer, DirectorTrustee, partner, employee or agent of StephensXxxxxxxx, shall be deemed, when rendering services to the Companx xx xxxing Capitol Funds or acting on any business of the Company Capitol Funds (other than services or business in connection with StephensXxxxxxxx' duties as Administrator hereunder), to be acting solelx xxx xxe Company solely for Capitol Funds and not as an officer, DirectorTrustee, partner, employee or agent or one under the control or discretion of Stephens Xxxxxxxx even though paid by it. (b) The CompanyCapitol Funds, xx xxxalf on behalf of each Fund, will indemnify Stephens Xxxxxxxx against and hold it harmless from any and all losses, cxxxxxclaims, xamagesdamages, liabilities or expenses (including reasonable counsel fees and expenses) resulting from any claim, demand, action or suit relating to the particular Fund and not resulting from the willful misfeasance, bad faith or gross negligence of Stephens Xxxxxxxx in the performance of such obligations and duties or by xxxxxx reason of its reckless disregard thereof. Stephens Xxxxxxxx will not confess any claim or settle or make any comproxxxx xx compromise in any instance in which the Company Capitol Funds will be asked to provide indemnification, except with the Company's Capitol Funds' prior written consent. Any amounts payable by the Company Capitol Funds under this Section 5(b) shall be satisfied only against the assets of the Fund involved in the claim, demand, action or suit and not against the assets of any other Fund investment portfolio of the CompanyCapitol Funds.