Common use of Limitation of Liability for Claims Clause in Contracts

Limitation of Liability for Claims. The Manager is hereby expressly put on notice of the limitation of liability as set forth in the Trust’s Amended and Restated Agreement and Declaration of Trust (the “Declaration”) and agrees that the obligations assumed by the Trust on behalf of each Series pursuant to this Agreement shall be limited in all cases to each applicable Series and their assets, and the Manager shall not seek satisfaction of any such obligation from the shareholders of the Trust or any Series of the Trust, or from any trustee, officer, employee or agent of the Trust. The Manager understands that the rights and obligations of each Series under the Declaration are separate and distinct from those of any and all other Series.

Appears in 9 contracts

Samples: Investment Management Agreement (Voya INVESTORS TRUST), Investment Management Agreement (Voya INVESTORS TRUST), Investment Management Agreement (Voya INVESTORS TRUST)

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Limitation of Liability for Claims. The Manager is hereby expressly put on notice of the limitation of liability as set forth in the Trust’s [Amended and Restated Agreement and Restated] Declaration of Trust (the “Declaration”) and agrees that the obligations assumed by the Trust on behalf of each Series pursuant to this Agreement shall be limited in all cases to each applicable Series and their assets, and the Manager shall not seek satisfaction of any such obligation from the shareholders of the Trust or any Series of the Trust, or from any trustee, officer, employee or agent of the Trust. The Manager understands that the rights and obligations of each Series under the Declaration are separate and distinct from those of any and all other Series.

Appears in 7 contracts

Samples: Management Agreement (Voya SENIOR INCOME FUND), Management Agreement (Voya INVESTORS TRUST), Management Agreement (Voya INVESTORS TRUST)

Limitation of Liability for Claims. The Manager is hereby expressly put on notice of the limitation of liability as set forth in the Trust’s Amended and Restated Agreement and Declaration of Trust (the “Declaration”) and agrees that the obligations assumed by the Trust on behalf of each the Series pursuant to this Agreement shall be limited in all cases to each the applicable Series and their its assets, and the Manager shall not seek satisfaction of any such obligation from the shareholders or any shareholder of the Trust Series or any other Series of the Trust, or from any trustee, officer, employee or agent of the Trust. The Manager understands that the rights and obligations of each Series under the Declaration are separate and distinct from those of any and all other Series.

Appears in 5 contracts

Samples: Investment Management Agreement (Ing Get Fund), Investment Management Agreement (Aetna Variable Fund), Investment Management Agreement (Aetna Income Shares)

Limitation of Liability for Claims. The Manager is hereby expressly put on notice of the limitation of liability as set forth in the Trust’s Amended and Restated Agreement and Declaration of Trust (the “Declaration”) and agrees that the obligations assumed by the Trust on behalf of each Series pursuant to this Agreement shall be limited in all cases to each applicable Series and their assets, and the Manager shall not seek satisfaction of any such obligation from the shareholders of the Trust or any Series of the Trust, or from any trustee, officer, employee or agent of the Trust. The Manager understands that the rights and obligations of each Series under the Declaration are separate and distinct from those of any and all other Series.

Appears in 2 contracts

Samples: Investment Management Agreement (Voya VARIABLE PRODUCTS TRUST), Investment Management Agreement (Voya VARIABLE PRODUCTS TRUST)

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Limitation of Liability for Claims. The Manager is hereby expressly put on notice of the limitation of liability as set forth in the Trust’s Amended and Restated Agreement and Declaration of Trust (the “Declaration”) and agrees that the obligations assumed by the Trust on behalf of each Series pursuant to this Agreement shall be limited in all cases to each applicable Series and their assets, and the Manager shall not seek satisfaction of any such obligation from the shareholders of the Trust or any Series of the Trust, or from any trustee, officer, employee or agent of the Trust. The Manager understands that the rights and obligations of each Series under the Declaration are separate and distinct from those of any and all other Series.

Appears in 2 contracts

Samples: Investment Management Agreement (Voya EQUITY TRUST), Investment Management Agreement (Voya EQUITY TRUST)

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