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. 8.1.2. The Sub-Administrator may apply to the Board of Directors of the Fund or to the Administrator at any time for instructions and may consult counsel for the Fund or the Administrator or the Sub-Administrator's own counsel and with accountants and other experts with respect to any matter arising in connection with the Sub-Administrator's duties, and the Sub-Administrator shall not be liable or accountable for any action taken or omitted by it in good faith in accordance with such instructions or with the opinion of such counsel, accountants, or other experts. 8.1.3. The Sub-Administrator shall at all times have the right to mitigate or cure any and all losses, damages, costs, charges, fees, disbursements, payments, expenses and liabilities to the Fund, its shareholders or the Administrator.

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. 8.1.2. The Sub-Administrator may apply to the Board of Directors of the Fund Company or to the Administrator at any time for instructions and may consult counsel for the Fund Company or the Administrator or the Sub-Administrator's own counsel and with accountants and other experts with respect to any matter arising in connection with the Sub-Administrator's duties, and the Sub-Administrator shall not be liable or accountable for any action taken or omitted by it in good faith in accordance with such instructions or with the opinion of such counsel, accountants, or other experts. 8.1.3. The Sub-Administrator shall at all times have the right to mitigate or cure any and all losses, damages, costs, charges, fees, disbursements, payments, expenses and liabilities to the FundCompany, its shareholders or the Administrator.

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. 8.1.2. The Sub-Administrator may apply to the Board of Directors of the Fund Company or to the Administrator at any time for instructions and may consult counsel for the Fund Company or the Administrator or the Sub-Administrator's own counsel and with accountants and other experts with respect to any matter arising in connection with the Sub-Administrator's duties, and the Sub-Administrator shall not be liable or accountable for any action taken or omitted by it in good faith in accordance with such instructions or with the opinion of such counsel, accountants, or other experts. 8.1.3. The Sub-Administrator shall at all times have the right to mitigate or cure any and all losses, damages, costs, charges, fees, disbursements, payments, expenses and liabilities to the FundCompany, its shareholders or the Administrator.

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. 8.1.2. The Sub-Administrator may apply to the Board of Directors Trustees of the Fund Trust or to the Administrator at any time for instructions and may consult counsel for the Fund Trust or the Administrator or the Sub-Administrator's own counsel and with accountants and other experts with respect to any matter arising in connection with the Sub-Administrator's duties, and the Sub-Administrator shall not be liable or accountable for any action taken or omitted by it in good faith in accordance with such instructions or with the opinion of such counsel, accountants, or other experts. 8.1.3. The Sub-Administrator shall at all times have the right to mitigate or cure any and all losses, damages, costs, charges, fees, disbursements, payments, expenses and liabilities to the FundTrust, its shareholders or the Administrator.

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. 8.1.2. The Sub-Administrator may apply to the Board of Directors Trustees of the Fund Trust or to the Administrator at any time for instructions and may consult counsel for the Fund Trust or the Administrator or the Sub-Administrator's ’s own counsel and with accountants and other experts with respect to any matter arising in connection with the Sub-Administrator's ’s duties, and the Sub-Administrator shall not be liable or accountable for any action taken or omitted by it in good faith in accordance with such instructions or with the opinion of such counsel, accountants, or other experts. 8.1.3. The Sub-Administrator shall at all times have the right to mitigate or cure any and all losses, damages, costs, charges, fees, disbursements, payments, expenses and liabilities to the FundTrust, its shareholders or the Administrator.

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 The duties of the Sub-Administrator in connection with shall be confined to those expressly set forth herein, and no implied duties are assumed by or may be asserted against the Sub-Administrator's discharge of its duties undertaken or assumed with respect to this Agreement, Administrator hereunder. The Sub-Administrator shall not 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 arising out of any act or the Administrator omission in connection with the matters to which this Agreement relates; providedcarrying out its duties hereunder, 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 except a loss resulting from willful misfeasance, bad faith, faith or negligence in the performance of its duties, or their by reason of reckless disregard of its obligations and duties on behalf hereunder, except as may otherwise be provided under provisions of applicable law which cannot be waived or modified hereby. (As used in this Article 5, the Fund or the Administrator or for failure by term "Sub-Administrator" shall include directors, officers, employees and other agents of the Sub-Administrator or any such persons to exercise due care in rendering other services to as well as the Fund or the Administrator. The limitation and liability provisions set forth herein shall indefinitely survive the termination of this AgreementSub-Administrator itself. 8.1.2. ) The Sub-Administrator may apply to the Board of Directors of the Fund or to the Administrator at any time for instructions and may consult counsel for the Fund Trust or the Administrator or the Sub-Administrator's its own counsel and with accountants and other experts with respect to any matter arising in connection with the Sub-Administrator's duties, and the Sub-Administrator shall not be liable or accountable for any action taken or omitted by it in good faith in accordance with such instructions instruction or with the opinion of such counsel, accountants, accountants or other experts. 8.1.3. Also, the Sub-Administrator shall be protected in acting upon any document which it reasonably believes to be genuine and to have been signed or presented by the proper person or persons. The Sub-Administrator shall at all times will not be held to have notice of any change of authority of the right to mitigate Administrator or cure of any and all lossesofficers, damages, costs, charges, fees, disbursements, payments, expenses and liabilities to employees or agents of the Fund, its shareholders or Trust until receipt of written notice thereof from the Administrator.

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. 8.1.2. The Sub-Administrator may apply to the Board of Directors of the Fund or to the Administrator at any time for instructions and may consult counsel for the Fund or the Administrator or the Sub-Administrator's own counsel and with accountants and other experts with respect to any matter arising in connection with the Sub-Administrator's duties, and the Sub-Administrator shall not be liable or accountable for any action taken or omitted by it in good faith in accordance with such instructions or with the opinion of such counsel, accountants, or other experts. 8.1.3. The Sub-Administrator shall at all times have the right to mitigate or cure any and all losses, damages, costs, charges, fees, disbursements, payments, expenses and liabilities to the Fund, its shareholders or the Administrator.