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

Limitations of Liability of the Trustees and Shareholders. Section 17.1. 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 Trust (and Funds thereof), personally, but shall bind only the trust property of the Trust and the applicable Fund, as provided in 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 the Trust's Declaration of Trust. Section 17.2. This Agreement is an agreement entered into between the Bank and the Trust with respect to each Fund. With respect to any obligation of the Trust on behalf of any Fund arising out of this Agreement, the Bank shall look for payment of such obligation solely to the assets of the Fund to which such obligation relates with the same effect as if the Bank had separately contracted with the Trust by separate written instrument with respect to each Fund. Section 17.3. As used herein, the "applicable Fund" shall be each Fund in respect of which any amount due the Bank arises, and if any amount due the Bank arises in respect of more than one Fund, the same shall be allocated by the Bank among such Funds in accordance with Section 17.2. Any amounts due the Bank which may not be allocated in accordance with the preceding sentence shall constitute General Liabilities as defined in the Trust's Declaration of Trust and allocated by the Trust and paid in accordance with the provisions thereof.

Appears in 4 contracts

Samples: Transfer Agency and Service Agreement (First Trust Exchange-Traded Fund Iv), Transfer Agency and Service Agreement (First Trust Exchange-Traded Fund Iv), Transfer Agency and Service Agreement (First Trust Exchange-Traded Fund Ii)

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Limitations of Liability of the Trustees and Shareholders. Section 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 Trust (and Funds thereof), personally, but shall bind only the trust property of the Trust and the applicable Fund, as provided in 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 Fund, as provided in the Trust's Declaration of Trust. Section 17.2. (b) This Agreement is an agreement entered into between the Bank BNY and the Trust with respect to each Fund. With respect to any obligation of the Trust on behalf of any Fund arising out of this Agreement, the Bank BNY shall look for payment of such obligation solely to the assets of the Fund to which such obligation relates with the same effect as if the Bank BNY had separately contracted with the Trust by separate written instrument with respect to each Fund. Section 17.3. (c) As used herein, the "applicable Fund" shall be each Fund in respect of which any amount due the Bank BNY arises, and if any amount due the Bank BNY arises in respect of more than one Fund, the same shall be allocated by the Bank BNY among such Funds in accordance with Section 17.217(b) hereof. Any amounts due the Bank BNY which may not be allocated in accordance with the preceding sentence shall constitute General Liabilities as defined in the Trust's Declaration of Trust and allocated by the Trust and paid in accordance with the provisions thereof.

Appears in 3 contracts

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

Limitations of Liability of the Trustees and Shareholders. Section 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 Trust (and Funds thereof), personally, but shall bind only the trust property of the Trust and the applicable Fund, as provided in 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 Fund, as provided in the Trust's Declaration of Trust. Section 17.2. (b) This Agreement is an agreement entered into between the Bank BNYM and the Trust with respect to each Fund. With respect to any obligation of the Trust on behalf of any Fund arising out of this Agreement, the Bank BNYM shall look for payment of such obligation solely to the assets of the Fund to which such obligation relates with the same effect as if the Bank BNYM had separately contracted with the Trust by separate written instrument with respect to each Fund. Section 17.3. (c) As used herein, the "applicable Fund" shall be each Fund in respect of which any amount due the Bank BNYM arises, and if any amount due the Bank BNYM arises in respect of more than one Fund, the same shall be allocated by the Bank BNYM among such Funds in accordance with Section 17.217(b) hereof. Any amounts due the Bank BNYM which may not be allocated in accordance with the preceding sentence shall constitute General Liabilities as defined in the Trust's Declaration of Trust and allocated by the Trust and paid in accordance with the provisions thereof. The parties acknowledge that the obligations of the Funds hereunder are several and not joint, that no Fund shall be liable for any amount owing by another Fund and that the Funds have executed one instrument for convenience only.

Appears in 3 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. Section 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 Trust (and Funds thereof)Trust, personally, but shall bind only the trust property of the Trust and the applicable FundTrust, as provided in the Trust's 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 and the applicable Fund as provided in the Trust's its Declaration of Trust. Section 17.2. (b) This Agreement is an agreement entered into between the Bank BNY Mellon and the Trust with respect to each Fund. With respect to any obligation of the Trust on behalf of any Fund arising out of this Agreement, the Bank BNY Mellon shall look for payment of such obligation solely to the assets of the Fund to which such obligation relates with the same effect as if the Bank BNY Mellon had separately contracted with the Trust Fund by separate written instrument with respect to each Fund. Section 17.3. (c) As used herein, the "applicable Fund" shall be each Fund in respect of which any amount due the Bank to BNY Mellon arises, and if any amount due the Bank to BNY Mellon arises in respect of more than one FundFunds, the same shall be allocated by the Bank Custodian among such Funds in accordance with Section 17.217(b) of this Article. Any amounts due the Bank to BNY Mellon which may not be allocated in accordance with the preceding sentence shall constitute General Liabilities as defined in the Trust's Declaration of Trust and allocated by the Trust and paid in accordance with the provisions thereof.

Appears in 2 contracts

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

Limitations of Liability of the Trustees and Shareholders. Section 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 Trust (and Funds thereof), personally, but shall bind only the trust property of the Trust and the applicable Fund, as provided in 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 Fund, as provided in the Trust's Declaration of Trust. Section 17.2. (b) This Agreement is an agreement entered into between the Bank BNYM and the Trust with respect to each Fund. With respect to any obligation of the Trust on behalf of any Fund arising out of this Agreement, the Bank BNYM shall look for payment of such obligation solely to the assets of the Fund to which such obligation relates with the same effect as if the Bank BNYM had separately contracted with the Trust by separate written instrument with respect to each Fund. Section 17.3. (c) As used herein, the "applicable Fund" shall be each Fund in respect of which any amount due the Bank BNYM arises, and if any amount due the Bank BNYM arises in respect of more than one Fund, the same shall be allocated by the Bank BNYM among such Funds in accordance with Section 17.217(b) hereof. Any amounts due the Bank BNYM which may not be allocated in accordance with the preceding sentence shall constitute General Liabilities as defined in the Trust's Declaration of Trust and allocated by the Trust and paid in accordance with the provisions thereof.

Appears in 2 contracts

Samples: Fund Administration and Accounting Agreement (First Trust Exchange-Traded Fund Iv), Fund Administration and Accounting Agreement (First Trust Exchange-Traded Fund Iv)

Limitations of Liability of the Trustees and Shareholders. Section 17.1. 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 Trust (and Funds thereof), personally, but shall bind only the trust property of the Trust and the applicable Fund, as provided in 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 the Trust's Declaration of Trust. Section 17.2. This Agreement is an agreement entered into between the Bank and the Trust with respect to each Fund. With respect to any obligation of the Trust on behalf of any Fund arising out of this Agreement, the Bank shall look for payment of such obligation solely to the assets of the Fund to which such obligation relates with the same effect as if the Bank had separately contracted with the Trust by separate written instrument with respect to each Fund. Section 17.3. As used herein, the "applicable Fund" shall be each Fund in respect of which any amount due the Bank arises, and if any amount due the Bank arises in respect of more than one Fund, the same shall be allocated by the Bank among such Funds in accordance with Section 17.2. Any amounts due the Bank which may not be allocated in accordance with the preceding sentence shall constitute General Liabilities as defined in the Trust's Declaration of Trust and allocated by the Trust and paid in accordance with the provisions thereof.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (First Trust Exchange-Traded Alphadex Fund Ii), Transfer Agency and Service Agreement (First Trust Exchange-Traded Fund Iii)

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Limitations of Liability of the Trustees and Shareholders. Section 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 Trust (and Funds thereof)Trust, personally, but shall bind only the trust property of the Trust (and the applicable FundFunds thereof), as provided in the Trust's 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 and the applicable Fund as provided in the Trust's its Declaration of Trust. Section 17.2. (b) This Agreement is an agreement entered into between the Bank and the Trust with respect to each Fund. With respect to any obligation of the Trust on behalf of any Fund arising out of this Agreement, the Bank shall look for payment of such obligation solely to the assets of the Fund to which such obligation relates with the same effect as if the Bank had separately contracted with the Trust Fund by separate written instrument with respect to each Fund. Section 17.3. (c) As used herein, the "applicable Fund" shall be each Fund in respect of which any amount due the Bank arises, and if any amount due the Bank arises in respect of more than one FundFunds, the same shall be allocated by the Bank among such Funds in accordance with Section 17.215(b) of this Article. Any amounts due the Bank which may not be allocated in accordance with the preceding sentence shall constitute General Liabilities as defined in the Trust's Declaration of Trust and allocated by the Trust and paid in accordance with the provisions thereof.

Appears in 1 contract

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

Limitations of Liability of the Trustees and Shareholders. Section 17.1. 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 Trust (and Funds thereof), personally, but shall bind only the trust property of the Trust and the applicable Fund, as provided in 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 the Trust's Declaration of Trust. Section 17.2. This Agreement is an agreement entered into between the Bank and the Trust with respect to each Fund. With respect to any obligation of the Trust on behalf of any Fund arising out of this Agreement, the Bank shall look for payment of such obligation solely to the assets of the Fund to which such obligation relates with the same effect as if the Bank had separately contracted with the Trust by separate written instrument with respect to each Fund. Section 17.310.0. As Xx used herein, the "applicable Fund" shall be each Fund in respect of which any amount due the Bank arises, and if any amount due the Bank arises in respect of more than one Fund, the same shall be allocated by the Bank among such Funds in accordance with Section 17.2. Any amounts due the Bank which may not be allocated in accordance with the preceding sentence shall constitute General Liabilities as defined in the Trust's Declaration of Trust and allocated by the Trust and paid in accordance with the provisions thereof.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (First Trust Exchange-Traded Fund Vi)

Limitations of Liability of the Trustees and Shareholders. Section SECTION 17.1. 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 Trust (and Funds thereof), personally, but shall bind only the trust property of the Trust and the applicable Fund, as provided in 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 the Trust's Declaration of Trust. Section SECTION 17.2. This Agreement is an agreement entered into between the Bank and the Trust with respect to each Fund. With respect to any obligation of the Trust on behalf of any Fund arising out of this Agreement, the Bank shall look for payment of such obligation solely to the assets of the Fund to which such obligation relates with the same effect as if the Bank had separately contracted with the Trust by separate written instrument with respect to each Fund. Section SECTION 17.3. As used herein, the "applicable Fund" shall be each Fund in respect of which any amount due the Bank arises, and if any amount due the Bank arises in respect of more than one Fund, the same shall be allocated by the Bank among such Funds in accordance with Section 17.2. Any amounts due the Bank which may not be allocated in accordance with the preceding sentence shall constitute General Liabilities as defined in the Trust's Declaration of Trust and allocated by the Trust and paid in accordance with the provisions thereof.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (First Trust Exchange-Traded Alphadex Fund)

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