Common use of Limitations of X.X. Xxxxxx’x Liability Clause in Contracts

Limitations of X.X. Xxxxxx’x Liability. (a) X.X. Xxxxxx may rely on information provided to it by or on behalf of the Funds, or which was prepared or maintained by the Customer or any third party on behalf of the Funds, in the course of discharging its duties under this Agreement. X.X. Xxxxxx shall not be liable to any person for any Liabilities suffered by any person as a result of X.X. Xxxxxx: (i) having relied upon the authority, accuracy, truth or completeness of information including, without limitation, information supplied to X.X. Xxxxxx by the Customer or by the Investment Adviser or any third party (other than an Affiliate or subcontractor of X.X. Xxxxxx involved in the provision of the Services), including but not limited to, information in relation to trades in respect of the Funds or expenses of the Funds; (ii) having relied upon the authority, accuracy, truth and completeness of information furnished to X.X. Xxxxxx by any pricing services, data services, or provider of other market information or information concerning securities held by the Funds. (b) X.X. Xxxxxx shall not be liable for any error in data that is transitioned to X.X. Xxxxxx at the time it begins to provide the Services with respect to the Funds provided that X.X. Xxxxxx: (i) shall use reasonable efforts to mitigate any Losses arising as a result of any such error of which it is aware; and (ii) shall notify the Customer as soon as practicable after becoming aware of the error.

Limitations of X.X. Xxxxxx’x Liability. (a) X.X. Xxxxxx may rely on information provided to it by or on behalf of the Funds, or which was prepared or maintained by the Customer or any third party on behalf of the Funds, in the course of discharging its duties under this Agreement. X.X. Xxxxxx shall not be liable to any person for any Liabilities suffered by any person as a result of X.X. Xxxxxx: (i) having relied upon the authority, accuracy, truth or completeness of information including, without limitation, information supplied to X.X. Xxxxxx by the Customer or by the Investment Adviser or any third party (other than an Affiliate or which is not a subcontractor of X.X. Xxxxxx involved in the provision of the Services)Xxxxxx, including but not limited to, information in relation to trades in respect of the Funds or expenses of the Funds; (ii) having relied upon the authority, accuracy, truth and completeness of information furnished to X.X. Xxxxxx by any pricing services, data services, or provider of other market information or information concerning securities held by the Funds.. ETF Fund Servicing Agreement – March 2010 version (b) X.X. Xxxxxx shall not be liable for any error in data that is transitioned to X.X. Xxxxxx at the time it begins to provide the Services with respect to the Funds provided however that X.X. Xxxxxx: (i) shall use reasonable efforts to mitigate any Losses arising as a result of any such error of which it is aware; and (ii) shall notify the Customer as soon as practicable after becoming aware of the error.

Limitations of X.X. Xxxxxx’x Liability. (a) X.X. Xxxxxx may rely on information provided to it by or on behalf of the Funds, or which was prepared or maintained by the Customer or any third party on behalf of the Funds, in the course of discharging its ETF Fund Servicing Agreement duties under this Agreement. X.X. Xxxxxx shall not be liable to any person for any Liabilities suffered by any person as a result of X.X. Xxxxxx: (i) having relied upon the authority, accuracy, truth or completeness of such information including, without limitation, information supplied to X.X. Xxxxxx by the Customer or by the Investment Adviser or any third party (other than which is not an Affiliate or subcontractor of X.X. Xxxxxx involved in the provision of the Services)Xxxxxx, including but not limited to, information in relation to trades in respect of the Funds or expenses of the Funds; (ii) having relied upon the authority, accuracy, truth and completeness of information furnished to X.X. Xxxxxx by any pricing services, data services, or provider of other market information or information concerning securities held by the Funds. (b) X.X. Xxxxxx shall not be liable for any error in data that is transitioned to X.X. Xxxxxx at the time it begins to provide the Services with respect to the Funds provided however that X.X. Xxxxxx: (i) shall use reasonable efforts to mitigate any Losses arising as a result of any such error of which it is aware; and (ii) shall notify the Customer as soon as practicable after becoming aware of the error.