Other Contractual Rights. Nothing contained in this Article shall affect any right to indemnification to which Persons may be entitled by contract, to the extent not inconsistent with applicable law, or otherwise under law. Nothing contained in this Article shall affect the power of the Trust to purchase and maintain liability insurance on behalf of any such Person. As used in this Article, Trustee or officer shall include such Person's heirs, executors and administrators. (i) Notwithstanding any provision to the contrary contained herein, the terms and conditions of any contract entered into between the Trust and any independent contractor that is or may be deemed an Agent, as a consequence of providing services or products to the Trust pursuant to such contract, shall take precedence over the provisions of this Article and govern with respect to (A) the liability of such independent contractor to the Trust, any Shareholder or any other Person, (B) the indemnification of, or advancement of Expenses to, such independent contractor by the Trust, and (C) any other contractual rights or obligations of such independent contractor under such contract to the extent that the provisions of, and the rights and obligations under, such contract are in conflict with, or are not addressed by, the provisions of this Article. (ii) All Persons extending credit to, contracting with or having any claim against the Trust shall look only to the assets of the Trust for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or Agents, whether past, present or future, shall be personally liable therefor. Every obligation, contract, instrument, certificate, Share, other security of the Trust or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees of the Trust or in their capacity as officers, employees or Agents of the Trust and not personally.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (MGI Funds), Agreement and Declaration of Trust (MGI Funds), Agreement and Declaration of Trust (Nakoma Mutual Funds)
Other Contractual Rights. Nothing contained in this Article shall affect any right to indemnification to which Persons may be entitled by contract, to the extent not inconsistent with applicable law, or otherwise under law. Nothing contained in this Article shall affect the power of the Trust to purchase and maintain liability insurance on behalf of any such Person. As used in this Article, Trustee or officer shall include such Person's heirs, executors and administrators.
(i) Notwithstanding any provision to the contrary contained herein, the terms and conditions of any contract entered into between the Trust and any independent contractor that is or may be deemed an Agent, as a consequence of providing services or products to the Trust pursuant to such contract, shall take precedence over the provisions of this Article and govern with respect to
(A) the liability of such independent contractor to the Trust, any Shareholder or any other Person,
(B) the indemnification of, or advancement of Expenses to, such independent contractor by the Trust, and
(C) any other contractual rights or obligations of such independent contractor under such contract to the extent that the provisions of, and the rights and obligations under, such contract are in conflict with, or are not addressed by, the provisions of this Article.
(ii) All Subject to the foregoing Sections and subsections of this Article, all Persons extending credit to, contracting with or having any claim against the Trust shall look only to the assets of the Trust for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or Agents, whether past, present or future, shall be personally liable therefor. Every obligation, contract, instrument, certificate, Share, other security of the Trust or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees of the Trust or in their capacity as officers, employees or Agents of the Trust and not personally.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Gartmore Variable Insurance Trust), Agreement and Declaration of Trust (Gartmore Mutual Funds), Trust Agreement (California Investment Trust)
Other Contractual Rights. Nothing contained in this Article shall affect any right to indemnification to which Persons may be entitled by contract, to the extent not inconsistent with applicable law, or otherwise under law. Nothing contained in this Article shall affect the power of the Trust to purchase and maintain liability insurance on behalf of any such Person. As used in this Article, Trustee or officer shall include such Person's ’s heirs, executors and administrators.
(i) Notwithstanding any provision to the contrary contained herein, the terms and conditions of any contract entered into between the Trust and any independent contractor that is or may be deemed an Agent, as a consequence of providing services or products to the Trust pursuant to such contract, shall take precedence over the provisions of this Article and govern with respect to
(A) the liability of such independent contractor to the Trust, any Shareholder or any other Person,
(B) the indemnification of, or advancement of Expenses to, such independent contractor by the Trust, and
(C) any other contractual rights or obligations of such independent contractor under such contract to the extent that the provisions of, and the rights and obligations under, such contract are in conflict with, or are not addressed by, the provisions of this Article.
(ii) All Subject to the foregoing Sections and subsections of this Article, all Persons extending credit to, contracting with or having any claim against the Trust shall look only to the assets of the Trust for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or Agents, whether past, present or future, shall be personally liable therefor. Every obligation, contract, instrument, certificate, Share, other security of the Trust or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees of the Trust or in their capacity as officers, employees or Agents of the Trust and not personally.
Appears in 3 contracts
Samples: Trust Agreement (Bennett Group Master Funds), Agreement and Declaration of Trust (Bennett Global Funds), Agreement and Declaration of Trust (Nationwide Mutual Funds)
Other Contractual Rights. Nothing contained in this Article shall affect any right to indemnification to which Persons may be entitled by contract, to the extent not inconsistent with applicable law, or otherwise under law. Nothing contained in this Article shall affect the power of the Trust to purchase and maintain liability insurance on behalf of any such Person. As used in this Article, Trustee or officer shall include such Person's heirs, executors and administrators.
(i) Notwithstanding any provision to the contrary contained herein, the terms and conditions of any contract entered into between the Trust and any independent contractor that is or may be deemed an Agent, as a consequence of providing services or products to the Trust pursuant to such contract, shall take precedence over the provisions of this Article and govern with respect to
(A) the liability of such independent contractor to the Trust, any Shareholder or any other Person,
(B) the indemnification of, or advancement of Expenses to, such independent contractor by the Trust, and
(C) any other contractual rights or obligations of such independent contractor under such contract to the extent that the provisions of, and the rights and obligations under, such contract are in conflict with, or are not addressed by, the provisions of this Article.
(ii) All Subject to the foregoing Sections and subsections of this Article, all Persons extending credit to, contracting with or having any claim against the Trust shall look only to the assets of the Trust for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or Agents, whether past, present or future, shall be personally liable therefor. Every obligation, contract, instrument, certificate, Share, other security of the Trust or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees of the Trust or in their capacity as officers, employees or Agents of the Trust and not personally.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Nationwide Variable Insurance Trust), Agreement and Declaration of Trust (Nationwide Variable Insurance Trust)
Other Contractual Rights. Nothing contained in this Article shall affect any right to indemnification to which Persons may be entitled by contract, to the extent not inconsistent with applicable law, or otherwise under law. Nothing contained in this Article shall affect the power of the Trust to purchase and maintain liability insurance on behalf of any such Person. As used in this Article, Trustee or officer shall include such Person's ’s heirs, executors and administrators.
(i) Notwithstanding any provision to the contrary contained herein, the terms and conditions of any contract entered into between the Trust and any independent contractor that is or may be deemed an Agent, as a consequence of providing services or products to the Trust pursuant to such contract, shall take precedence over the provisions of this Article and govern with respect to
(A) the liability of such independent contractor to the Trust, any Shareholder or any other Person,
(B) the indemnification of, or advancement of Expenses to, such independent contractor by the Trust, and
(C) any other contractual rights or obligations of such independent contractor under such contract to the extent that the provisions of, and the rights and obligations under, such contract are in conflict with, or are not addressed by, the provisions of this Article.
(ii) All Persons extending credit to, contracting with or having any claim against the Trust shall look only to the assets of the Trust for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or Agents, whether past, present or future, shall be personally liable therefor. Every obligation, contract, instrument, certificate, Share, other security of the Trust or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees of the Trust or in their capacity as officers, employees or Agents of the Trust and not personally.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Keystone Mutual Funds)