Common use of Limitation of Liability of the Warranty Provider Clause in Contracts

Limitation of Liability of the Warranty Provider. (a) The Adviser and the Trust, on behalf of the Fund, agree that neither the Warranty Provider, its Affiliates, nor any of their respective officers, trustees/directors or employees shall be liable or responsible for (i) the use which may be made of the Financial Warranty by any Person or for any acts or omissions of another Person in connection therewith or (ii) the validity, sufficiency, accuracy or genuineness of any documents delivered to the Warranty Provider, or of any endorsement(s) thereon, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged. In furtherance and not in limitation of the foregoing, the Warranty Provider may accept documents that appear on their face to be in order, without responsibility for further investigation.

Limitation of Liability of the Warranty Provider. (a) The Adviser and the Trust, on behalf of the Fund, Fund agree that neither the Warranty Provider, its Affiliates, nor any of their respective officers, trustees/directors or employees shall be liable or responsible for (ia) the use which may be made of the Financial Warranty by any Person or for any acts or omissions of another Person in connection therewith or (iib) the validity, sufficiency, accuracy or genuineness of any documents delivered to the Warranty Provider, or of any endorsement(s) thereon, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged. In furtherance and not in limitation of the foregoing, the Warranty Provider may accept documents that appear on their face to be in order, without responsibility for further investigation.