Common use of Limitation of Liability of Xxxxx Xxxxx Clause in Contracts

Limitation of Liability of Xxxxx Xxxxx. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of Xxxxx Xxxxx, Xxxxx Xxxxx shall not be subject to liability to the Trust or the Fund or to any shareholder of the Fund for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the acquisition, holding or disposition of any security or other investment. A copy of the Declaration of Trust of Xxxxx Xxxxx is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that this Agreement is executed on behalf of Xxxxx Xxxxx by an officer in his or her capacity as an officer and not individually. The Trust expressly acknowledges the provisions in the Declaration of Trust of Xxxxx Xxxxx limiting the personal liability of the trustees, officers, and shareholders of Xxxxx Xxxxx, and the Trust hereby agrees that it shall have recourse to Xxxxx Xxxxx for payment of claims or obligations as between Xxxxx Xxxxx and the Trust arising out of this Agreement and shall not seek satisfaction from the trustees, officers or shareholders of Xxxxx Xxxxx.

Limitation of Liability of Xxxxx Xxxxx. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of Xxxxx Xxxxx, Xxxxx Xxxxx shall not be subject to liability to the Trust or the Fund or to any shareholder of the Fund Trust for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the acquisition, holding or disposition of any security or other investmenthereunder. A copy of the Declaration of Trust of Xxxxx Xxxxx is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that this Agreement is executed on behalf of Xxxxx Xxxxx by an officer in his or her capacity as an officer and not individually. The Trust expressly acknowledges the provisions in the Declaration of Trust of Xxxxx Xxxxx limiting the personal liability of the trustees, officers, and shareholders of Xxxxx Xxxxx, and the Trust hereby agrees that it shall have recourse to Xxxxx Xxxxx for payment of claims or obligations as between Xxxxx Xxxxx and the Trust arising out of this Agreement and shall not seek satisfaction from the trustees, officers officers, or shareholders of Xxxxx Xxxxx.

Limitation of Liability of Xxxxx Xxxxx. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of Xxxxx Xxxxx, Xxxxx Xxxxx shall not be subject to liability to the Trust or the Fund or to any shareholder of the Fund for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the acquisition, holding or disposition of any security or other investmenthereunder. A copy of the Declaration of Trust of Xxxxx Xxxxx is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that this Agreement is executed on behalf of Xxxxx Xxxxx by an officer in his or her capacity as an officer and not individually. The Trust expressly acknowledges the provisions in the Declaration of Trust of Xxxxx Xxxxx limiting the personal liability of the trustees, officers, and shareholders of Xxxxx Xxxxx, and the Trust hereby agrees that it shall have recourse to Xxxxx Xxxxx for payment of claims or obligations as between Xxxxx Xxxxx and the Trust arising out of this Agreement and shall not seek satisfaction from the trustees, officers officers, or shareholders of Xxxxx Xxxxx.

Limitation of Liability of Xxxxx Xxxxx. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of Xxxxx Xxxxx, Xxxxx Xxxxx shall not be subject to liability to the Trust or the Fund or to any shareholder of the Fund Trust for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the acquisition, holding or disposition of any security or other investment. A copy of the Declaration of Trust of Xxxxx Xxxxx is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that this Agreement is executed on behalf of Xxxxx Xxxxx by an officer in his or her capacity as an officer and not individually. The Trust expressly acknowledges the provisions in the Declaration of Trust of Xxxxx Xxxxx limiting the personal liability of the trustees, officers, and shareholders of Xxxxx Xxxxx, and the Trust hereby agrees that it shall have recourse to Xxxxx Xxxxx for payment of claims or obligations as between Xxxxx Xxxxx and the Trust arising out of this Agreement and shall not seek satisfaction from the trustees, officers officers, or shareholders of Xxxxx Xxxxx.

Limitation of Liability of Xxxxx Xxxxx. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of Xxxxx Xxxxx, Xxxxx Xxxxx shall not be subject to liability to the Trust or the Fund or to any shareholder of the Fund for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the acquisition, holding or disposition of any security or other investment. A copy of the Declaration of Trust of Xxxxx Xxxxx is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that this Agreement is executed on behalf of Xxxxx Xxxxx by an officer in his or her capacity as an officer and not individually. The Trust Fund expressly acknowledges the provisions in the Declaration of Trust of Xxxxx Xxxxx limiting the personal liability of the trustees, officers, and shareholders of Xxxxx Xxxxx, and the Trust Fund hereby agrees that it shall have recourse to Xxxxx Xxxxx for payment of claims or obligations as between Xxxxx Xxxxx and the Trust Fund arising out of this Agreement and shall not seek satisfaction from the trustees, officers officers, or shareholders of Xxxxx Xxxxx.. XXXXX XXXXX FLOATING-RATE OPPORTUNITIES FUND

Limitation of Liability of Xxxxx Xxxxx. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of Xxxxx Xxxxx, Xxxxx Xxxxx shall not be subject to liability to the Trust Corporation or the Fund or to any shareholder of the Fund for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the acquisition, holding or disposition of any security or other investment. A copy of the Declaration of Trust of Xxxxx Xxxxx is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that this Agreement is executed on behalf of Xxxxx Xxxxx by an officer in his or her capacity as an officer and not individually. The Trust Corporation expressly acknowledges the provisions in the Declaration of Trust of Xxxxx Xxxxx limiting the personal liability of the trustees, officers, and shareholders of Xxxxx Xxxxx, and the Trust Corporation hereby agrees that it shall have recourse to Xxxxx Xxxxx for payment of claims or obligations as between Xxxxx Xxxxx and the Trust Corporation arising out of this Agreement and shall not seek satisfaction from the trustees, officers or shareholders of Xxxxx Xxxxx.

Limitation of Liability of Xxxxx Xxxxx. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of Xxxxx Xxxxx, Xxxxx Xxxxx shall not be subject to liability to the Trust or the Fund or to any shareholder of the Fund Trust for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the acquisition, holding or disposition of any security or other investment. A copy of the Declaration of Trust of Xxxxx Xxxxx is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that this Agreement is executed on behalf of Xxxxx Xxxxx by an officer in his or her capacity as an officer and not individually. The Trust expressly acknowledges the provisions in the Declaration of Trust of Xxxxx Xxxxx limiting the personal liability of the trustees, officers, and shareholders of Xxxxx Xxxxx, and the Trust hereby agrees that it shall have recourse to Xxxxx Xxxxx for payment of claims or obligations as between Xxxxx Xxxxx and the Trust arising out of this Agreement and shall not seek satisfaction from the trustees, officers officers, or shareholders of Xxxxx Xxxxx.. <BCLPAGE>9</BCLPAGE> XXXXX XXXXX FLOATING-RATE 2022 TARGET TERM TRUST

Limitation of Liability of Xxxxx Xxxxx. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of Xxxxx Xxxxx, Xxxxx Xxxxx shall not be subject to liability to the Trust or the Fund or to any shareholder of the Fund for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the acquisition, holding or disposition of any security or other investment. XXXXX XXXXX STOCK NEXTSHARES A copy of the Declaration of Trust of Xxxxx Xxxxx is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that this Agreement is executed on behalf of Xxxxx Xxxxx by an officer in his or her capacity as an officer and not individually. The Trust expressly acknowledges the provisions in the Declaration of Trust of Xxxxx Xxxxx limiting the personal liability of the trustees, officers, and shareholders of Xxxxx Xxxxx, and the Trust hereby agrees that it shall have recourse to Xxxxx Xxxxx for payment of claims or obligations as between Xxxxx Xxxxx and the Trust arising out of this Agreement and shall not seek satisfaction from the trustees, officers or shareholders of Xxxxx Xxxxx.

Limitation of Liability of Xxxxx Xxxxx. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of Xxxxx Xxxxx, Xxxxx Xxxxx shall not be subject to liability to the Trust or the Fund or to any shareholder of the Fund for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the acquisition, holding or disposition of any security or other investment. A copy of the Declaration of Trust of Xxxxx Xxxxx is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that this Agreement is executed on behalf of Xxxxx Xxxxx by an officer in his or her capacity as an officer and not individually. The Trust expressly acknowledges the provisions in the Declaration of Trust of Xxxxx Xxxxx limiting the personal liability of the trustees, officers, and shareholders of Xxxxx Xxxxx, and the Trust hereby agrees that it shall have recourse to Xxxxx Xxxxx for payment of claims or obligations as between Xxxxx Xxxxx and the Trust arising out of this Agreement and shall not seek satisfaction from the trustees, officers or shareholders of Xxxxx Xxxxx.. XXXXX XXXXX GLOBAL INCOME BUILDER NEXTSHARES

Limitation of Liability of Xxxxx Xxxxx. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of Xxxxx Xxxxx, Xxxxx Xxxxx shall not be subject to liability to the Trust or the Fund or to any shareholder of the Fund for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the acquisition, holding or disposition of any security or other investment. A copy of the Declaration of Trust of Xxxxx Xxxxx is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that this Agreement is executed on behalf of Xxxxx Xxxxx by an officer in his or her capacity as an officer and not individually. XXXXX XXXXX TAXABLE MUNICIPAL BOND FUND The Trust expressly acknowledges the provisions in the Declaration of Trust of Xxxxx Xxxxx limiting the personal liability of the trustees, officers, and shareholders of Xxxxx Xxxxx, and the Trust hereby agrees that it shall have recourse to Xxxxx Xxxxx for payment of claims or obligations as between Xxxxx Xxxxx and the Trust arising out of this Agreement and shall not seek satisfaction from the trustees, officers or shareholders of Xxxxx Xxxxx.

Limitation of Liability of Xxxxx Xxxxx. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of Xxxxx Xxxxx, Xxxxx Xxxxx shall not be subject to liability to the Trust or the Fund or to any shareholder of the Fund Trust for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the acquisition, holding or disposition of any security or other investment. A copy of the Declaration of Trust of Xxxxx Xxxxx is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that this Agreement is executed on behalf of Xxxxx Xxxxx by an officer in his or her capacity as an officer and not individually. The Trust expressly acknowledges the provisions in the Declaration of Trust of Xxxxx Xxxxx limiting the personal liability of the trustees, officers, and shareholders of Xxxxx Xxxxx, and the Trust hereby agrees that it shall have recourse to Xxxxx Xxxxx for payment of claims or obligations as between Xxxxx Xxxxx and the Trust arising out of this Agreement and shall not seek satisfaction from the trustees, officers officers, or shareholders of Xxxxx Xxxxx.. XXXXX XXXXX FLOATING-RATE INCOME PLUS FUND