Common use of Performance of Service Clause in Contracts

Performance of Service. FTC shall exercise reasonable care in the performance of its duties under the Agreement. The Concorde Value Fund agrees to reimburse and make FTC whole for any loss or damages (including reasonable fees and expenses of legal counsel) arising out of or in connection with its actions under this Agreement so long as FTC acts in good faith and is not negligent or guilty of any willful misconduct. FTC shall not be liable or responsible for delays or errors occurring by reason of circumstances beyond its control, including acts o civil or military authority, natural or state emergencies, fire, mechanical breakdown, flood or catastrophe, acts of God, insurrection, war, riots or failure of transportation, communication or power supply. In the event of a mechanical breakdown beyond its control, FTC shall take all reasonable steps to minimize service interruptions for any period that such interruption continues beyond FTC's control. FTC will make every reasonable effort to restore any lost or damaged data and the correcting of any errors resulting from such a breakdown will be at the expense of FTC. FTC agrees that it shall at all times have reasonable contingency plans with appropriate parties, making reasonable provision for emergency use of electrical data processing equipment to the extent appropriate equipment is available. Representatives of the Fund shall be entitled to inspect FTC's premises and operating capabilities at any time during regular business hours of FTC, upon reasonable notice to FTC. This indemnification includes any act, omission to act, or delay by FTC in reliance upon, or in accordance with, any written or oral instruction it receives from any duly authorized officer of the Fund. Regardless of the above, FTC reserves the right to reprocess and correct administrative errors at its own expense.

Performance of Service. FTC shall exercise reasonable care in the performance of its duties under the this Agreement. The Concorde Value Fund agrees to reimburse and make FTC whole for any loss or damages (including reasonable fees and expenses of legal counsel) arising out of or in connection with its actions under this Agreement so long as FTC acts in good faith and is not negligent or guilty of any willful misconduct. FTC shall not be liable or responsible for delays or errors occurring by reason of circumstances beyond its control, including acts o of civil or military authority, natural or state emergencies, fire, mechanical breakdown, flood or catastrophe, acts of God, insurrection, war, riots or failure of transportation, communication or power supply. In the event of a mechanical breakdown beyond its control, FTC shall take all reasonable steps to minimize service interruptions for any period that such interruption continues beyond FTC's control. FTC will make every reasonable effort to restore any lost or damaged data and the correcting of any errors resulting from such a breakdown will be at the expense of FTC. FTC agrees that it shall at all times have reasonable contingency plans with appropriate parties, making reasonable provision for emergency use of electrical data processing equipment to the extent appropriate equipment is available. Representatives of the Fund shall be entitled to inspect FTC's premises and operating capabilities at any time during regular business hours of FTC, upon reasonable notice to FTC. This indemnification includes any act, omission to act, or delay by FTC in reliance upon, or in accordance with, any written or oral instruction it receives from any duly authorized officer of the Fund. Regardless of the above, FTC reserves the right to reprocess and correct administrative errors at its own expense.

Performance of Service. FTC FWTC shall exercise reasonable care in the performance of its duties under the Agreement. The Concorde Value Fund Xxxxxxxx Investment Trust agrees to reimburse and make FTC FWTC whole for any loss or damages (including reasonable fees and expenses of legal counsel) arising out of or in connection with its actions under this Agreement so long as FTC FWTC acts in good faith and is not negligent or guilty of any willful misconduct. FTC FWTC shall not be liable or responsible for delays or errors occurring by reason of circumstances beyond its control, including acts o of civil or military authority, natural or state emergencies, fire, mechanical breakdown, flood or catastrophe, acts of God, insurrection, war, riots or failure of transportation, communication or power supply. In the event of a mechanical breakdown beyond its control, FTC FWTC shall take all reasonable steps to minimize service interruptions for any period that such interruption continues beyond FTCFWTC's control. FTC FWTC will make every reasonable effort to restore any lost or damaged data and the correcting of any errors resulting from such a breakdown will be at the expense of FTCFWTC. FTC FWTC agrees that it shall at all times have reasonable contingency plans with appropriate parties, making reasonable provision for emergency use of electrical data processing equipment to the extent appropriate equipment is available. Representatives of the Fund Trust shall be entitled to inspect FTCFWTC's premises and operating capabilities at any time during regular business hours of FTCFWTC, upon reasonable notice to FTCFWTC. This indemnification includes any act, omission to act, or delay by FTC FWTC in reliance upon, or in accordance with, any written or oral instruction it receives from any duly authorized officer of the FundTrust. Regardless of the above, FTC FWTC reserves the right to reprocess and correct administrative errors at its own expense.

Performance of Service. FTC A. USBFS shall exercise reasonable care and diligence, act in good faith and use its best efforts within reasonable limits in the performance of its duties under the this Agreement. The Concorde Value Fund agrees to reimburse and make FTC whole for any loss or damages (including reasonable fees and expenses of legal counsel) arising out of or in connection with its actions under this Agreement so long as FTC acts in good faith and is not negligent or guilty of any willful misconduct. FTC USBFS shall not be liable for any error of judgment or responsible mistake of law or for delays or errors occurring any loss suffered by reason of circumstances beyond its controlthe Fund in connection with matters to which this Agreement relates, including acts o civil losses resulting from mechanical breakdowns or military authority, natural or state emergencies, fire, mechanical breakdown, flood or catastrophe, acts of God, insurrection, war, riots or the failure of transportation, communication or power supplysupplies beyond USBFS’s control, except a loss resulting from USBFS’s refusal or failure to comply with the terms of this Agreement or from bad faith, negligence, or willful misconduct on its part in the performance of its duties under this Agreement. Notwithstanding any other provision of this Agreement, the Fund shall indemnify and hold harmless USBFS from and against any and all claims, demands, losses, expenses, and liabilities (whether with or without basis in fact or law) of any and every nature (including reasonable attorneys’ fees) which USBFS may sustain or incur or which may be asserted against USBFS by any person arising out of any action taken or omitted to be taken by it in performing the services hereunder (i) in accordance with the foregoing standards, or (ii) in reliance upon any written or oral instruction provided to USBFS which the agent reasonably believes to have been executed by any duly authorized officer of the Fund, such duly authorized officer to be included in a list of authorized officers furnished to USBFS and as amended from time to time in writing by resolution of the Board of Trustees of the Fund. In the event of a mechanical breakdown or failure of communication or power supplies beyond its control, FTC USBFS shall take all reasonable steps to minimize service interruptions for any period that such interruption continues beyond FTC's USBFS’s control. FTC USBFS will make every reasonable effort to restore any lost or damaged data and the correcting of correct any errors resulting from such a breakdown will be at the expense of FTCUSBFS. FTC USBFS agrees that it shall shall, at all times times, have reasonable contingency plans with appropriate parties, making reasonable provision for emergency use of electrical data processing equipment to the extent appropriate equipment is available. Representatives of the Fund shall be entitled to inspect FTC's USBFS’s premises and operating capabilities capabilities, and any and all of USBFS’s books and records which relate to any transaction or function performed by USBFS pursuant to this agreement, at any time during regular business hours of FTCUSBFS, upon reasonable notice to FTC. This indemnification includes any act, omission to act, or delay by FTC in reliance upon, or in accordance with, any written or oral instruction it receives from any duly authorized officer of the FundUSBFS. Regardless of the above, FTC USBFS reserves the right to reprocess and correct administrative errors at its own expense. B. In order that the indemnification provisions contained in this \section shall apply, it is understood that if in any case the Fund may be asked to indemnify or hold USBFS harmless, the Fund shall be fully and promptly advised of all pertinent facts concerning the situation in question, and it is further understood that USBFS will use all reasonable care to notify the Fund promptly concerning any situation which presents or appears likely to present the probability of such a claim for indemnification against the Fund. The Fund shall have the option to defend USBFS against any claim which may be the subject of this indemnification. In the event that the Fund so elects, it will so notify USBFS and thereupon the Fund shall take over complete defense of the claim, and USBFS shall in such situation initiate no further legal or other expenses for which it shall seek indemnification under this section. USBFS shall in no case confess any claim or make any compromise in any case in which the Fund will be asked to indemnify USBFS except with the Fund’s prior written consent. C. USBFS shall indemnify and hold the Fund harmless from and against any and all claims, demands, losses, expenses, and liabilities (whether with or without basis in fact or law) of any and every nature (including reasonable attorneys’ fees) which may be asserted against the Fund by any person arising out of any action taken or omitted to be taken by USBFS as a result of USBFS’s refusal or failure to comply with the terms of this Agreement, its bad faith, negligence, or willful misconduct.

Performance of Service. FTC shall exercise reasonable care in the performance of its duties under the Agreement. The Concorde Value Fund AHA Investment Funds, Inc. agrees to reimburse and make FTC whole for any loss or damages (including reasonable fees and expenses of legal counsel) arising out of or in connection with its actions under this Agreement so long as FTC acts in good faith and is not negligent or guilty of any willful misconduct. FTC shall not be liable or responsible for delays or errors occurring by reason of circumstances beyond its control, including acts o of civil or military authority, natural or state emergencies, fire, mechanical breakdown, flood or catastrophe, acts of God, insurrection, war, riots or failure of transportation, communication or power supply. In the event of a mechanical breakdown beyond its control, FTC shall take all reasonable steps to minimize service interruptions for any period that such interruption continues beyond FTC's control. FTC will make every reasonable effort to restore any lost or damaged data and the correcting of any errors resulting from such a breakdown will be at the expense of FTC. FTC agrees that it shall at all times have reasonable contingency plans with appropriate parties, making reasonable provision for emergency use of electrical data processing equipment to the extent appropriate equipment is available. Representatives of the Fund Funds shall be entitled to inspect FTC's premises and operating capabilities at any time during regular business hours of FTC, upon reasonable notice to FTC. This indemnification includes any act, omission to act, or delay by FTC in reliance upon, or in accordance with, any written or oral instruction it receives from any duly authorized officer of the FundFunds. Regardless of the above, FTC reserves the right to reprocess and correct administrative errors at its own expense.