Common use of RESPONSIBILITY OF ADMINISTRATOR Clause in Contracts

RESPONSIBILITY OF ADMINISTRATOR. EAMC shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with the matters to which this Agreement relates, except a loss resulting from wilful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. EAMC shall be entitled to rely on and may act upon advice of counsel (who may be counsel for the Trust) on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. Any person, even though also an officer, director, partner, employee or agent of EAMC, who may be or become an officer, trustee, employee or agent of the Trust, shall be deemed, when rendering services to the Trust or acting on any business of the Trust (other than services or business in connection with the duties of EAMC hereunder) to be rendering such services to or acting solely for the Trust and not as an officer, director, partner, employee or agent or one under the control or direction of EAMC even though paid by EAMC.

Appears in 2 contracts

Samples: Administrative Services Agreement (Evergreen Global Real Estate Equity Trust), Administrative Services Agreement (Evergreen Variable Trust /Oh)

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