Limitation of Liability; Indemnification. (a) The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. The Distributor shall not be liable for any damages arising out of any action or omission to act by any prior service provider of the Fund or for any failure to discover any such error or omission (provided that this sentence shall not apply where the Distributor was the prior service provider). Notwithstanding anything in this Agreement to the contrary, the Distributor shall not be liable for damages occurring directly or indirectly by reason of circumstances beyond its reasonable control.
Appears in 37 contracts
Samples: Distribution Agreement (Reaves Utility Income Fund), Distribution Agreement (Columbia Seligman Premium Technology Growth Fund, Inc.), Distribution Agreement (XAI Octagon Floating Rate & Alternative Income Trust)
Limitation of Liability; Indemnification. (a) The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from material breach or reckless disregard by it of its obligations and duties under this Agreement. The Distributor shall not be liable for any damages arising out of any action or omission to act by any prior service provider of the Fund or for any failure to discover any such error or omission (provided that this sentence shall not apply where the Distributor was the prior service provider). Notwithstanding anything in this Agreement to the contrary, the Distributor shall not be liable for damages occurring directly or indirectly by reason of circumstances beyond its reasonable control.
Appears in 8 contracts
Samples: Distribution Agreement (Ares Dynamic Credit Allocation Fund, Inc.), Form of Distribution Agreement (Virtus Stone Harbor Emerging Markets Income Fund), Distribution Agreement (NXG Cushing Midstream Energy Fund)
Limitation of Liability; Indemnification. (a) The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. The Distributor shall not be liable for any damages arising out of any action or omission to act by any prior service provider of the Fund or for any failure to discover any such error or omission (provided that this sentence shall not apply where the Distributor was the prior service provider). Notwithstanding anything in this Agreement to the contrary, the Distributor shall not be liable for any consequential, incidental, exemplary, punitive, special or indirect damages, whether or not the likelihood of such damages was known by the Distributor. Notwithstanding anything in this Agreement to the contrary, the Distributor shall not be liable for damages occurring directly or indirectly by reason of circumstances beyond its reasonable control.
Appears in 5 contracts
Samples: Distribution Agreement (Neuberger Berman High Yield Strategies Fund Inc.), Distribution Agreement (Neuberger Berman High Yield Strategies Fund Inc.), Distribution Agreement (Center Coast Brookfield MLP & Energy Infrastructure Fund)
