Common use of Limitation of Liability of the Administrator; Indemnification Clause in Contracts

Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to any person for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder; provided, however, that nothing herein contained shall be construed to protect the Administrator against any liability to the Company to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 6 contracts

Samples: Administration Agreement (Mount Yale Opportunity Fund, LLC), Administration Agreement (Jundt Funds Inc), Administration Agreement (Jundt Funds Inc)

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Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to the Fund or any person Portfolio for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder; provided, however, that nothing . Nothing herein contained shall be construed to protect the Administrator against any liability to the Company Fund, a Portfolio, or shareholders to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 4 contracts

Samples: Administration Agreement (Td Waterhouse Family of Funds Inc), Administration Agreement (Waterhouse Investors Cash Management Fund Inc), Administration Agreement (Waterhouse Investors Family of Funds Inc)

Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to any person for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder; provided, however, that nothing herein contained shall be construed to protect the Administrator against any liability to the Company Fund to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 2 contracts

Samples: Administration Agreement (Thai Capital Fund Inc), Administration Agreement (Aberdeen Global Income Fund Inc)

Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to the Corporation or any person Portfolio for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder; provided, however, that nothing . Nothing herein contained shall be construed to protect the Administrator against any liability to the Company Corporation, a Portfolio, or shareholders to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 2 contracts

Samples: Administration Agreement (TD Asset Management USA Funds Inc.), Administration Agreement (TD Asset Management USA Funds Inc.)

Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to any person the Trust or the Fund for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder; provided, however, that nothing . Nothing herein contained shall be construed to protect the Administrator against any liability to the Company Trust, the Fund, or shareholders to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 2 contracts

Samples: Administration Agreement (Td Waterhouse Trust), Administration Agreement (Td Waterhouse Trust)

Limitation of Liability of the Administrator; Indemnification. (a) The Administrator Neither the Administrator, nor any director, officer, agent or employee of the Administrator, shall not be liable or responsible to the Company or any person of its shareholders for any error of judgment or judgment, mistake of law or for any loss arising out of any investment, or for any other act or omission by the Administrator in the performance by such person or persons of its duties hereunder; providedtheir respective duties, however, that nothing herein contained shall be construed to protect the Administrator against any except for liability to the Company to which the Administrator shall otherwise be subject by reason of resulting from willful misfeasance, bad faith, or gross negligence in the performance of its dutiesnegligence, or by reckless disregard of its obligations and duties hereundertheir respective duties.

Appears in 1 contract

Samples: Administration Agreement (TCW Direct Lending LLC)

Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to any person the Fund or the Portfolio for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder; provided, however, that nothing . Nothing herein contained shall be construed to protect the Administrator against any liability to the Company Fund, the Portfolio, or shareholders to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 1 contract

Samples: Administration Agreement (Waterhouse Investors Family of Funds Inc)

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Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to the Company or any person Portfolio for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder; provided, however, that nothing . Nothing herein contained shall be construed to protect the Administrator against any liability to the Company Company, a Portfolio, or shareholders to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 1 contract

Samples: Administration Agreement (National Investors Cash Management Fund Inc)

Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to the Trust or any person Fund for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder; provided, however, that nothing . Nothing herein contained shall be construed to protect the Administrator against any liability to the Company Trust, a Fund, or shareholders to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 1 contract

Samples: Administration Agreement (Td Waterhouse Trust)

Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to any person the Company or the Portfolio for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder; provided, however, that nothing . Nothing herein contained shall be construed to protect the Administrator against any liability to the Company Company, the Portfolio, or shareholders to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 1 contract

Samples: Administration Agreement (Td Waterhouse Plus Funds Inc)

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