Common use of Responsibility for Losses Clause in Contracts

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including clause 6.1), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful misconduct, fraud or gross negligence of the Service Provider or any Service Provider Agent as a result of the performance or non-performance by the Service Provider of its obligations and duties hereunder, (ii) the Service Provider shall not be liable to the Client for any damages or losses caused by the performance or non-performance of any Agent selected by the Service Provider with reasonable care, and (iii) the Service Provider’s liability will be subject to the limitations set forth in this Agreement.

Appears in 5 contracts

Samples: Services Agreement (ETF Opportunities Trust), Services Agreement (Emles Trust), Services Agreement (ETF Opportunities Trust)

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Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including clause 6.1), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful misconduct, fraud or gross negligence of the Service Provider or any Service Provider Agent as a result of the performance or non-performance by the Service Provider of its obligations and duties hereunder, (ii) the Service Provider shall not be liable to the Client for any damages or losses caused by the performance or non-performance of any Agent selected by the Service Provider with reasonable care, and (iii) the Service Provider’s 's liability will be subject to the limitations set forth in this Agreement.

Appears in 2 contracts

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

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including clause 6.16(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful misconduct, fraud or gross negligence of the Service Provider or any Service Administrative Support Provider Agent as a result of the performance or non-performance by the Service Provider of its obligations and duties hereunder, and (ii) the Service Provider shall not be liable to the Client for any damages or losses caused by the performance or non-performance of any Agent Administrative Support Provider selected by the Service Provider with reasonable care, ; and (iii) the Service Provider’s liability will be subject to the limitations set forth in this Agreement.

Appears in 2 contracts

Samples: Support Services Agreement (Strategy Shares), Services Agreement (Strategy Shares)

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including clause 6.16(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful misconductdefault, fraud or gross negligence of the Service Provider or any Service Administrative Support Provider Agent as a result of the performance or non-performance by the Service Provider of its obligations and duties hereunder, and (ii) the Service Provider shall not be liable to the Client for any damages or losses caused by the performance or non-performance of any Agent Administrative Support Provider selected by the Service Provider with reasonable care, ; and (iii) the Service Provider’s liability will be subject to the limitations set forth in this Agreement.

Appears in 1 contract

Samples: Services Agreement (Huntington Strategy Shares)

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including clause 6.1), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful misconduct, fraud or gross negligence of the Service Provider or any Service Provider Agent as a result of the performance or non-performance by the Service Provider of its obligations and duties hereunder, (ii) the Service Provider shall not be liable to the Client for any damages or losses caused by the performance or non-performance of any Agent selected by the Service Provider with reasonable care, and (iii) the Service Provider’s liability will be subject AIM/AZL Funds Materials - Service Agreements to the limitations set forth in this Agreement.

Appears in 1 contract

Samples: Services Agreement (Allianz Variable Insurance Products Trust)

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Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including clause 6.1), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful misconduct, fraud or gross negligence of the Service Provider or any Service Provider Agent as a result of the performance or non-performance by the Service Provider of its obligations and duties hereunder, (ii) the Service Provider shall not be liable to the Client for any damages or losses caused by the performance or non-performance of any Agent selected by the Service Provider with reasonable care, and (iii) the Service Provider’s liability will be subject 222 AIM/AZL Funds Materials - Service Agreements to the limitations set forth in this Agreement.

Appears in 1 contract

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

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (contrary, including clause 6.1), without limitation Section 6.4 below: (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful misconduct, fraud or gross negligence of the Service Provider or any Service Provider Agent as a result of the performance or non-performance by the Service Provider of its obligations and duties hereunder, and (ii) the Service Provider shall not be liable to the Client for any damages or losses caused by the performance or non-performance of any Agent selected by the Service Provider with reasonable care, Agent; and (iii) the Service Provider’s liability will be subject to the limitations set forth in this Agreement.

Appears in 1 contract

Samples: Sub Administration Services Agreement (HSBC Funds)

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including clause 6.16(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful default, intentional misconduct, fraud or gross negligence of the Service Provider or any Service Administrative Support Provider Agent as a result of the performance or non-performance by the Service Provider of its obligations and duties hereunder, and (ii) the Service Provider shall not be liable to the Client for any damages or losses caused by the performance or non-performance of any Agent Administrative Support Provider selected by the Service Provider with reasonable care, ; and (iii) the Service Provider’s liability will be subject to the limitations set forth in this Agreement.

Appears in 1 contract

Samples: Services Agreement Exchange Traded (Exchange Traded Concepts Trust II)

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