Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 3(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the gross negligence of the Service Provider in selecting an individual to be considered by the Board for appointment as an Officer, and (ii) the Service Provider's liability will be subject to the limitations set forth below.
Appears in 2 contracts
Samples: Pfo Agreement (Allianz Variable Insurance Products Fund of Funds Trust), Pfo Agreement (Allianz Variable Insurance Products Trust)
Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 3(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from (i) the gross negligence of the Service Provider in selecting an individual to be considered by the Board for appointment as an Officerthe Officer or (ii) any actions of the Officer that are outside his or her official capacity as principal financial officer of the Client, and (ii) the Service Provider's ’s liability will be subject to the limitations set forth below.
Appears in 1 contract
Samples: Principal Financial Officer Agreement (Mirae Asset Discovery Funds)
Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 3(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from (i) the gross negligence of the Service Provider in selecting an individual to be considered by the Board for appointment as an Officerthe Officer or (ii) any actions of the Officer that are outside his or her official capacity as principal financial officer of the Client, and (iiiii) the Service Provider's ’s liability will be subject to the limitations set forth below.
Appears in 1 contract
Samples: Principal Financial Officer Agreement (Mirae Asset Discovery Funds)