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

Limitation of Liability of the Administrator. The duties of the Administrator will be confined to those expressly set forth in the Agreement, and no implied duties are assumed by or may be asserted against the Administrator under this Agreement. The Administrator will not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in carrying out its duties under this Agreement, except a loss resulting from willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under this Agreement, except as may otherwise be provided under provisions of applicable law which cannot be waived or modified by this Agreement. Administrator will not be responsible for losses beyond its control. Notwithstanding anything in this Agreement to the contrary, Administrator shall not be liable for any consequential, special, indirect losses or damages, regardless of whether the likelihood of such losses or damages was known by the Administrator. (As used in this Section 5 and in Section 6 below, the term "Administrator" will include directors, officers, employees and other agents of the Administrator as well as the Administrator itself).

Appears in 7 contracts

Samples: Fund Accounting and Compliance Administration Agreement (Cm Advisers Family of Funds), Accounting and Compliance Administration Agreement (PMFM Investment Trust), Compliance Administration Agreement (New Providence Investment Trust)

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Limitation of Liability of the Administrator. The duties of the Administrator will be confined to those expressly set forth in the Agreement, and no implied duties are assumed by or may be asserted against the Administrator under this Agreement. The Administrator will not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in carrying out its duties under this Agreement, except a loss resulting from willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under this Agreement, except as may otherwise be provided under provisions of applicable law which cannot be waived or modified by this Agreement. Administrator will not be responsible for losses beyond its control. Notwithstanding anything in this Agreement to the contrary, Administrator shall not be liable for any consequential, special, or indirect losses or damages, regardless of whether the likelihood of such losses or damages was known by the Administrator. Administrator (As used in this Section 5 and in Section 6 below, the term "Administrator" will include directors, officers, employees and other agents of the Administrator as well as the Administrator itself).

Appears in 3 contracts

Samples: Accounting and Compliance Administration Agreement (Merit Advisors Investment Trust), Accounting and Compliance Administration Agreement (Tilson Investment Trust), Fund Accounting and Compliance Administration Agreement (Merit Advisors Investment Trust Ii)

Limitation of Liability of the Administrator. The duties of the Administrator will be confined to those expressly set forth in the Agreement, and no implied duties are assumed by or may be asserted against the Administrator under this Agreement. The Administrator will not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in carrying out its duties under this Agreement, except a loss resulting from willful misfeasance, bad faith or faith, gross negligence or reckless disregard in the performance of its duties, or by reason of reckless disregard of its obligations and duties under this Agreement, except as may otherwise be provided under provisions of applicable law which cannot be waived or modified by this Agreement. Administrator will not be responsible for losses beyond its control. Notwithstanding anything in this Agreement to the contrary, Administrator shall not be liable for any consequential, special, or indirect losses or damages, regardless of whether the likelihood of such losses or damages was known by the Administrator. Administrator (As used in this Section 5 and in Section 6 below, the term "Administrator" will include directors, officers, employees and other agents of the Administrator as well as the Administrator itself).

Appears in 2 contracts

Samples: Accounting and Compliance Administration Agreement (Piedmont Investment Trust), Accounting and Administration Agreement (Giordano Investment Trust)

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Limitation of Liability of the Administrator. The duties of the Administrator will be confined to those expressly set forth in the Agreement, and no implied duties are assumed by or may be asserted against the Administrator under this Agreement. The Administrator will not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in carrying out its duties under this Agreement, except a loss resulting from willful misfeasance, bad faith faith, gross negligence, or gross negligence reckless disregard in the performance of its duties, or by reason of reckless disregard of its obligations and duties under this Agreement, except as may otherwise be provided under provisions of applicable law which that cannot be waived or modified by this Agreement. Administrator will not be responsible for losses beyond its control. Notwithstanding anything in this Agreement to the contrary, Administrator shall not be liable for any consequential, special, or indirect losses or damages, regardless of whether the likelihood of such losses or damages was known by the Administrator. Administrator (As used in this Section 5 and in Section 6 below, the term "Administrator" will include directors, officers, employees employees, and other agents of the Administrator as well as the Administrator itself).

Appears in 1 contract

Samples: Accounting and Administration Agreement (NCM Capital Investment Trust)

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