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

Limitation of Liability of the Sub-Administrator. 8.1.1. Neither the Sub-Administrator nor any of its directors, officers, employees, or agents performing services for the Fund and the Administrator at the direction or request of the Sub-Administrator in connection with the Sub-Administrator's discharge of its duties undertaken or assumed with respect to this Agreement, shall be liable for any act or omission in the course of or in connection with the Sub-Administrator's services hereunder, including any error of judgment or mistake of law or for any loss suffered by the Fund or the Administrator in connection with the matters to which this Agreement relates; provided, that nothing herein contained shall be construed to protect the Sub-Administrator or any such persons against any liability to the Fund or its shareholders or the Administrator to which the Sub-Administrator or such persons would otherwise be subject by reason of willful misfeasance, bad faith, or negligence in the performance of its or their duties on behalf of the Fund or the Administrator or for failure by the Sub-Administrator or any such persons to exercise due care in rendering other services to the Fund or the Administrator. The limitation and liability provisions set forth herein shall indefinitely survive the termination of this Agreement.

Limitation of Liability of the Sub-Administrator. 8.1.1. Neither the Sub-Administrator nor any of its directors, officers, employees, or agents performing services for the Fund Company and the Administrator at the direction or request of the Sub-Administrator in connection with the Sub-Administrator's discharge of its duties undertaken or assumed with respect to this Agreement, Agreement shall be liable for any act or omission in the course of or in connection with the Sub-Administrator's services hereunder, including any error of judgment or mistake of law or for any loss suffered by the Fund Company or the Administrator in connection with the matters to which this Agreement relates; provided, that nothing herein contained shall be construed to protect the Sub-Administrator or any such persons against any liability to the Fund Company or its shareholders or the Administrator to which the Sub-Administrator or such persons would otherwise be subject by reason of willful misfeasance, bad faith, or negligence in the performance of its or their duties on behalf of the Fund Company or the Administrator or for failure by the Sub-Administrator or any such persons to exercise due care in rendering other services to the Fund Company or the Administrator. The limitation and liability provisions set forth herein shall indefinitely survive the termination of this Agreement.

Limitation of Liability of the Sub-Administrator. 8.1.1. Neither the Sub-Administrator nor any of its directors, officers, employees, or agents performing services for the Fund Company and the Administrator at the direction or request of the Sub-Administrator in connection with the Sub-Administrator's discharge of its duties undertaken or assumed with respect to this Agreement, Agreement shall be liable for any act or omission in the course of or in connection with the Sub-Administrator's services hereunder, including any error of judgment or mistake of law or for any loss suffered by the Fund Company or the Administrator in connection with the matters to which this Agreement relates; provided, that nothing herein contained shall be construed to protect the Sub-Administrator or any such persons against any liability to the Fund Company or its shareholders or the Administrator to which the Sub-Administrator or such persons would otherwise be subject by reason of willful misfeasance, bad faith, or negligence in the performance of its or their duties on behalf of the Fund or the Administrator or for failure by the Sub-Administrator or any such persons to exercise due care in rendering other services to the Fund Company or the Administrator, or by reason of reckless disregard of its or their obligations and duties hereunder. The limitation and liability provisions set forth herein shall indefinitely survive the termination of this Agreement.

Limitation of Liability of the Sub-Administrator. 8.1.1. Neither the Sub-Administrator nor any of its directors, officers, employees, or agents performing services for the Fund and the Administrator at the direction or request of the Sub-Administrator in connection with the Sub-Administrator's discharge of its duties undertaken or assumed with respect to this Agreement, shall be liable for any act or omission in the course of or in connection with the Sub-Administrator's services hereunder, including any error of judgment or mistake of law or for any loss suffered by the Fund or the Administrator in connection with the matters to which this Agreement relates; provided, that nothing herein contained shall be construed to protect the Sub-Administrator or any such persons against any liability to the Fund or its shareholders or the Administrator to which the Sub-Sub- Administrator or such persons would otherwise be subject by reason of willful misfeasance, bad faith, or negligence in the performance of its or their duties on behalf of the Fund or the Administrator or for failure by the Sub-Administrator or any such persons to exercise due care in rendering other services to the Fund or the Administrator. The limitation and liability provisions set forth herein shall indefinitely survive the termination of this Agreement.

Limitation of Liability of the Sub-Administrator. 8.1.1. Neither the Sub-Administrator nor any of its directors, trustees, officers, employees, or agents performing services for the Fund Trust and the Administrator at the direction or request of the Sub-Administrator in connection with the Sub-Administrator's ’s discharge of its duties undertaken or assumed with respect to this Agreement, Agreement shall be liable for any act or omission in the course of or in connection with the Sub-Administrator's ’s services hereunder, including any error of judgment or mistake of law or for any loss suffered by the Fund Trust or the Administrator in connection with the matters to which this Agreement relates; provided, that nothing herein contained shall be construed to protect the Sub-Administrator or any such persons against any liability to the Fund Trust or its shareholders or the Administrator to which the Sub-Administrator or such persons would otherwise be subject by reason of willful misfeasance, bad faith, or negligence in the performance of its or their duties on behalf of the Fund or the Administrator or for failure by the Sub-Administrator or any such persons to exercise due care in rendering other services to the Fund Trust or the Administrator, or by reason of reckless disregard of its or their obligations and duties hereunder. The limitation and liability provisions set forth herein shall indefinitely survive the termination of this Agreement.

Limitation of Liability of the Sub-Administrator. 8.1.1. Neither the Sub-Administrator nor any of its directors, trustees, officers, employees, or agents performing services for the Fund Trust and the Administrator at the direction or request of the Sub-Administrator in connection with the Sub-Administrator's discharge of its duties undertaken or assumed with respect to this Agreement, Agreement shall be liable for any act or omission in the course of or in connection with the Sub-Administrator's services hereunder, including any error of judgment or mistake of law or for any loss suffered by the Fund Trust or the Administrator in connection with the matters to which this Agreement relates; provided, that nothing herein contained shall be construed to protect the Sub-Administrator or any such persons against any liability to the Fund Trust or its shareholders or the Administrator to which the Sub-Administrator or such persons would otherwise be subject by reason of willful misfeasance, bad faith, or negligence in the performance of its or their duties on behalf of the Fund or the Administrator or for failure by the Sub-Administrator or any such persons to exercise due care in rendering other services to the Fund Trust or the Administrator, or by reason of reckless disregard of its or their obligations and duties hereunder. The limitation and liability provisions set forth herein shall indefinitely survive the termination of this Agreement.