Common use of Limitations of Liability Clause in Contracts

Limitations of Liability. The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any Trust or any Fund, if applicable, in connection with matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreement.

Appears in 22 contracts

Samples: Distribution Agreement (Columbia Funds Variable Series Trust II), Distribution Agreement (Columbia Funds Series Trust I), Distribution Agreement (Columbia Funds Series Trust II)

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Limitations of Liability. The Except as provided in paragraph 2.3, the Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any the Trust or any Fund, if applicable, Fund in connection with matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreement.

Appears in 20 contracts

Samples: Distribution Agreement (Columbia Funds Series Trust), Distribution Agreement (Columbia Funds Series Trust), Distribution Agreement (BofA Funds Series Trust)

Limitations of Liability. The Except as provided in paragraph 2.3, the Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any the Trust or any Fund, if applicable, Fund in connection with matters to which this Agreement agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreementagreement.

Appears in 14 contracts

Samples: Distribution Agreement (Nations Funds Trust), Distribution Agreement (Nations Funds Trust), Distribution Agreement (Nations Funds Trust)

Limitations of Liability. The Except as provided in paragraph 3.2, the Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any the Trust or any Fund, if applicable, Fund in connection with matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreement.

Appears in 13 contracts

Samples: Distribution Agreement (Allspring Funds Trust), Distribution Agreement (Allspring Variable Trust), Distribution Agreement (Allspring Funds Trust)

Limitations of Liability. The Except as provided in paragraph 2.3, the Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any Trust the Fund or any Fund, if applicable, Series in connection with matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreement.

Appears in 9 contracts

Samples: Distribution Agreement (Columbia Funds Series Trust I), Distribution Agreement (Columbia Funds Series Trust I), Distribution Agreement (Columbia Funds Institutional Trust)

Limitations of Liability. The Except as provided in paragraph 2.2, the Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any the Trust or any Fund, if applicable, Fund in connection with matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreement.

Appears in 6 contracts

Samples: Distribution Agreement (Evergreen Select Money Market Trust), Distribution Agreement (Evergreen Money Market Trust), Distribution Agreement (Evergreen International Trust)

Limitations of Liability. The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any Trust or any Fund, if applicable, the Company in connection with the matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 6 contracts

Samples: Investment Distribution Agreement (Municipal Fund for Temporary Investment), Distribution Agreement (Temporary Investment Fund Inc), Distribution Agreement (Arch Funds Inc)

Limitations of Liability. The Except as provided in paragraph 2.3, the Distributor shall not be liable for any error of judgment or mistake of or law or for any loss suffered by any Trust the Company or any Fund, if applicable, Fund in connection with matters to which this Agreement agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreementagreement.

Appears in 5 contracts

Samples: Distribution Agreement (Nations Fund Inc), Distribution Agreement (Nations Fund Portfolios Inc), Distribution Agreement (Nations Fund Inc)

Limitations of Liability. The Except as provided in paragraph 2.3, the Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any the Trust or any Fund, if applicable, Portfolio in connection with matters to which this Agreement agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreementagreement.

Appears in 5 contracts

Samples: Distribution Agreement (Nations Separate Account Trust), Distribution Agreement (Nations Annuity Trust), Distribution Agreement (Nations Annuity Trust)

Limitations of Liability. The 4.1. Except as provided in paragraph 2.3, the Distributor shall not be liable for any error of judgment or mistake of or law or for any loss suffered by any the Trust or any Fund, if applicable, Fund in connection with matters to which this Agreement agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreementagreement.

Appears in 5 contracts

Samples: Distribution Agreement (Nations Fund Trust), Distribution Agreement (Nations Fund Trust), Distribution Agreement (Nations Fund Trust)

Limitations of Liability. The Except as provided in paragraph 2.3, the Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any the Trust or any Fund, if applicable, Fund in connection with matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreement.

Appears in 4 contracts

Samples: Distribution Agreement (Wells Fargo Variable Trust), Distribution Agreement (Wells Fargo Funds Trust), Distribution Agreement (Wells Fargo Funds Trust)

Limitations of Liability. The Distributor shall not be liable for any error of judgment judgement or mistake of law or for any loss suffered by any Trust the Company or any Fund, if applicable, Fund in connection with the matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 4 contracts

Samples: Distribution Agreement (Offit Investment Fund Inc), Distribution Agreement (Offit Variable Insurance Fund Inc), Distribution Agreement (Offitbank Variable Insurance Fund Inc)

Limitations of Liability. The 4.1 Except as provided in paragraph 2.3, the Distributor shall not be liable for any error of judgment or mistake of or law or for any loss suffered by any Trust Capitol Funds or any Fund, if applicable, Fund in connection with matters to which this Agreement agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreementagreement.

Appears in 4 contracts

Samples: Distribution Agreement (Nations Institutional Reserves), Distribution Agreement (Nations Institutional Reserves), Distribution Agreement (Nations Institutional Reserves)

Limitations of Liability. The Distributor shall not be liable for ------------------------ any error of judgment or mistake of law or for any loss suffered by any Trust or any Fund, if applicable, the Company in connection with the matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 4 contracts

Samples: Provident Institutional Funds (Provident Institutional Funds), Provident Institutional Funds (Provident Institutional Funds), Provident Institutional Funds Distribution Agreement (Temporary Investment Fund Inc)

Limitations of Liability. The Except as provided in paragraph 2.3, the Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any the Trust or any Fund, if applicable, Fund in connection with matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasancebad faith, bad faith negligence or negligence intentional misconduct on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreement.

Appears in 4 contracts

Samples: Distribution Agreement (Columbia Acorn Trust), Form of Distribution Agreement (Columbia Acorn Trust), Distribution Agreement (Columbia Acorn Trust)

Limitations of Liability. The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any Trust or any Fund, if applicable, the Fund in connection with the matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith faith, or gross negligence on its the part of the Distributor in the performance of its the Distributor's duties or from reckless disregard by the Distributor of its any obligations and duties under this Agreement.

Appears in 3 contracts

Samples: Market Street Fund Distribution Agreement (Market Street Fund Inc), Market Street Fund Distribution Agreement (Market Street Fund Inc), Market Street Fund Distribution Agreement (Market Street Fund Inc)

Limitations of Liability. The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any the Trust or any Fund, if applicable, Fund in connection with the matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 3 contracts

Samples: Distribution Agreement (Saturna Investment Trust), Distribution Agreement (Saturna Investment Trust), Distribution Agreement (Saturna Investment Trust)

Limitations of Liability. The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any Trust the Company or any Fund, if applicable, Fund in connection with the matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 3 contracts

Samples: Distribution Agreement (Pacific Horizon Funds Inc), Distribution Agreement (Time Horizon Funds), Distribution Agreement (Pacific Innovations Trust)

Limitations of Liability. The Distributor shall not be liable for any ------------------------ error of judgment or mistake of law or for any loss suffered by any Trust or any Fund, if applicable, the Company in connection with the matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 2 contracts

Samples: Blackrock Funds Distribution Agreement (Blackrock Funds), Blackrock Funds Distribution Agreement (Blackrock Funds)

Limitations of Liability. The Except as otherwise provided in paragraph 2.5, the Distributor shall not be liable for any error of judgment or mistake of law law, or for any loss suffered by any the Trust or any Fund, if applicable, Fund in connection with matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith faith, or gross negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreement.

Appears in 2 contracts

Samples: Distribution Agreement (Allianz Variable Insurance Products Trust), Distribution Agreement (Allianz Variable Insurance Products Fund of Funds Trust)

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Limitations of Liability. The Except as provided in paragraph 2.3, the Distributor shall not be liable for any error of judgment or mistake of or law or for any loss suffered by any Trust the Company or any Fund, if applicable, Portfolio in connection with matters to which this Agreement agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreementagreement.

Appears in 2 contracts

Samples: Distribution Agreement (Nations Lifegoal Funds Inc), Distribution Agreement (Nations Lifegoal Funds Inc)

Limitations of Liability. The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any a Trust or any Fund, if applicable, Fund in connection with matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreement.

Appears in 2 contracts

Samples: Distribution Agreement (Access One Trust), Distribution Agreement (Profunds)

Limitations of Liability. The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any the Trust or any Fund, if applicable, in connection with the matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 1 contract

Samples: Blackrock Liquidity Funds (Blackrock Liquidity Funds)

Limitations of Liability. The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any the Trust or any Fund, if applicable, Fund in connection with the matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 1 contract

Samples: Distribution Agreement (Metzler Payden Investment Group)

Limitations of Liability. The Except as provided in paragraph 2.3, the Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any Trust the Company or any Fund, if applicable, Fund in connection with matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreement.

Appears in 1 contract

Samples: Distribution Agreement (Excelsior Funds Trust)

Limitations of Liability. The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered losssuffered by any the Trust or any Fund, if applicable, Fund in connection with the matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and ,except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance theperformance of its duties or from reckless disregard by it of its obligations and duties under this AgreementthisAgreement.

Appears in 1 contract

Samples: Saturna Investment Trust Distribution Agreement (Saturna Investment Trust)

Limitations of Liability. The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any the Trust or any Fund, if applicable, Portfolio in connection with the matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 1 contract

Samples: Distribution Agreement (Amana Mutual Funds Trust)

Limitations of Liability. The Distributor shall not be liable ------------------------ for any error of judgment judgement or mistake of law or for any loss suffered by any Trust or any Fund, if applicable, the Company in connection with the matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 1 contract

Samples: Blackrock Provident Institutional Funds

Limitations of Liability. The Except as provided in paragraph 2.3, the Distributor shall not be liable for any error of judgment or mistake of or law or for any loss suffered by any the Trust or any Fund, if applicable, Portfolio in connection with matters to which this Agreement agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreementagreement.

Appears in 1 contract

Samples: Distribution Agreement (Nations Annuity Trust)

Limitations of Liability. The Distributor shall not be liable ------------------------ for any error of judgment or mistake of law or for any loss suffered by any Trust or any Fund, if applicable, the Company in connection with the matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 1 contract

Samples: Provident Institutional Funds (Blackrock Provident Institutional Funds)

Limitations of Liability. The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any Trust the Company or any Fund, if applicable, Fund in connection with the matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreement.or

Appears in 1 contract

Samples: 6 Distribution Agreement (Pacific Innovations Trust)

Limitations of Liability. The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any Trust the Fund or any Fund, if applicable, Portfolio in connection with the matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 1 contract

Samples: Distribution Agreement (St Clair Funds Inc)

Limitations of Liability. The Except as provided in paragraph 2.3, the Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by any the Trust or any Fund, if applicable, Portfolio in connection with matters to which this Agreement relates, except as provided in paragraph 2.3 hereof, and except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreement.

Appears in 1 contract

Samples: Distribution Agreement (Nations Separate Account Trust)

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