Common use of Limitations of Liability of the Trustees and Shareholders Clause in Contracts

Limitations of Liability of the Trustees and Shareholders. 17.1 It is expressly acknowledged and agreed that the obligations of the Trust hereunder shall not be binding upon any of the shareholders, Trustees, officers, employees or agents of the Trust, personally, but shall bind only the trust property of the Trust, as provided in its Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees of the Trust and signed by an officer of the Trust, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the trust property of the Trust as provided in its Declaration of Trust.

Appears in 19 contracts

Samples: Participant Agreement (Powershares Actively Managed Exchange-Traded Fund Trust), Participant Agreement (Powershares Actively Managed Exchange-Traded Fund Trust), Participant Agreement (Powershares Actively Managed Exchange-Traded Fund Trust)

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Limitations of Liability of the Trustees and Shareholders. 17.1 It is expressly acknowledged and agreed that the obligations of the Trust Fund hereunder shall not be binding upon any of the shareholders, Trustees, officers, employees or agents of the Trust, personally, but shall bind only the trust property of the Trust, as provided in its Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees of the Trust and signed by an officer of the Trust, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the trust property of the Trust as provided in its Declaration of Trust.

Appears in 16 contracts

Samples: Fund Administration and Accounting Agreement (PowerShares Exchange-Traded Fund Trust II), Fund Administration and Accounting Agreement (PowerShares Exchange-Traded Fund Trust II), Fund Administration and Accounting Agreement (Powershares Actively Managed Exchange-Traded Fund Trust)

Limitations of Liability of the Trustees and Shareholders. 17.1 It is expressly acknowledged and agreed that the obligations of the each Trust hereunder shall not be binding upon any of the shareholders, Trustees, officers, employees or agents of the Trust, personally, but shall bind only the trust property of the Trust, as provided in its Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees of the each Trust and signed by an officer of the each Trust, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the trust property of the each Trust as provided in its Declaration of Trust.

Appears in 16 contracts

Samples: Transfer Agency and Service Agreement (PowerShares Exchange-Traded Self-Indexed Fund Trust), Transfer Agency and Service Agreement (PowerShares Exchange-Traded Fund Trust II), Transfer Agency and Service Agreement (PowerShares Exchange-Traded Fund Trust II)

Limitations of Liability of the Trustees and Shareholders. 17.1 It is expressly acknowledged and agreed that the obligations of the Trust hereunder shall not be binding upon any of the shareholders, Trustees, officers, employees or agents of the Trust, personally, but shall bind only the trust property of the Trust, as provided in its Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees of the Trust and signed by an officer of the Trust, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the trust property of the Trust as provided in its Declaration of Trust.

Appears in 14 contracts

Samples: Investment Management Agreement (VanEck ETF Trust), Investment Management Agreement (VanEck Vectors ETF Trust), Distribution Agreement (Claymore Exchange-Traded Fund Trust)

Limitations of Liability of the Trustees and Shareholders. 17.1 (a) It is expressly acknowledged and agreed that the obligations of the Trust (and Funds thereof) hereunder shall not be binding upon any of the shareholders, Trustees, officers, employees or agents of the TrustTrust (and Funds thereof), personally, but shall bind only the trust property of the TrustTrust and the applicable Fund, as provided in its the Trust's Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees of the Trust and signed by an officer of the Trust, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the trust property of the Trust and the applicable Fund, as provided in its the Trust's Declaration of Trust.

Appears in 9 contracts

Samples: Fund Administration and Accounting Agreement (First Trust Exchange-Traded Alphadex Fund Ii), Fund Administration and Accounting Agreement (First Trust Exchange-Traded Fund Iii), Fund Administration and Accounting Agreement (First Trust Exchange-Traded Fund Vi)

Limitations of Liability of the Trustees and Shareholders. 17.1 (a) It is expressly acknowledged and agreed that the obligations of the Trust hereunder shall not be binding upon any of the shareholders, Trustees, officers, employees or agents of the Trust, personally, but shall bind only the trust property of the Trust, as provided in its Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees of the Trust and signed by an officer of the Trust, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the trust property of the Trust as provided in its Declaration of Trust.

Appears in 2 contracts

Samples: Administration and Accounting Agreement, Fund Administration and Accounting Agreement (GraniteShares ETF Trust)

Limitations of Liability of the Trustees and Shareholders. 17.1 It is expressly acknowledged and agreed that the obligations of the Trust hereunder shall not be binding upon any of the shareholders, Trustees, officers, officers or employees or agents of the Trust, personally, but shall bind only the trust property of the Trust, as provided in its Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees of the Trust and signed by an officer of the Trust, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the trust property of the Trust as provided in its Declaration of Trust.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Matthews International Funds), Transfer Agency and Service Agreement (Matthews International Funds)

Limitations of Liability of the Trustees and Shareholders. 17.1 It is expressly acknowledged and agreed that the obligations of the Trust hereunder shall not be binding upon any of the shareholders, Trustees, officers, employees or agents of the Trust, personally, but shall bind only the trust property of the Trust, as provided in its Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees of the Trust and signed by an officer of the Trust, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the trust property of the Trust as provided in its Declaration of Trust.. No Fund shall be liable for any claims against any other Fund

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Causeway ETMF Trust)

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Limitations of Liability of the Trustees and Shareholders. 17.1 It is expressly acknowledged and agreed that the obligations of the Trust hereunder shall not be binding upon any of the shareholders, Trustees, officers, employees or agents of the Trust, personally, but shall bind only the trust property of the Trust, as provided in its Declaration of TrustTrust Instrument. The execution and delivery of this Agreement have been authorized by the Trustees of the Trust and signed by an officer of the Trust, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the trust property of the Trust as provided in its Declaration of TrustTrust Instrument.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (TrimTabs ETF Trust)

Limitations of Liability of the Trustees and Shareholders. 17.1 16.01 It is expressly acknowledged and agreed that the obligations of the Trust hereunder shall not be binding upon any of the shareholdersTrustees, TrusteesShareholders, nominees, officers, agents or employees or agents of the Trust, Trust personally, but shall bind only the trust property of the Trust, as provided in its the Agreement and Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees or the Shareholders of the Trust and this Agreement has been signed by an authorized officer of the Trust, acting as such, and neither such authorization by such Trustees and Shareholders nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to be binding upon or impose any liability on any of them personally, but shall bind only the trust property of the Trust as provided in its Agreement and Declaration of Trust.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Virtus Alternative Solutions Trust)

Limitations of Liability of the Trustees and Shareholders. 17.1 1.34 It is expressly acknowledged and agreed that the obligations of the Trust hereunder shall not be binding upon any of the shareholders, Trustees, officers, employees or agents of the Trust, personally, but shall bind only the trust property of the Trust, as provided in its Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees of the Trust and signed by an officer of the Trust, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the trust property of the Trust as provided in its Declaration of Trust.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Claymore/Raymond James SB-1 Equity Fund)

Limitations of Liability of the Trustees and Shareholders. 17.1 16.1 It is expressly acknowledged and agreed that the obligations of the Trust hereunder shall not be binding upon any of the shareholders, Trustees, officers, employees or agents of the Trust, personally, but shall bind only the trust property of the Trust, as provided in its Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Trustees of the Trust and signed by an officer of the Trust, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the trust property of the Trust as provided in its Declaration of Trust.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Highland Funds I)

Limitations of Liability of the Trustees and Shareholders. 17.1 It is expressly acknowledged and agreed that the obligations of the Trust hereunder shall not be binding upon any of the shareholders, Trustees, officers, officers or employees or agents of the Trust, personally, but shall bind only the trust property of the Trust, as provided in its Agreement and Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Board of Trustees of the Trust and signed by an officer of the Trust, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the trust property of the Trust as provided in its Agreement Declaration of Trust.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Alger ETF Trust)

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