Responsibility of the Administrator. The Administrator shall be under no duty to take any action on behalf of the Trust or the portfolios except as set forth herein or as may be agreed to by the Administrator in writing. In the performance of its duties hereunder, the Administrator shall be obligated to exercise reasonable care and diligence and to act in good faith and to use its best efforts. Without limiting the generality of the foregoing or any other provision of this Agreement, the Administrator shall not be liable for delays or errors or loss of data occurring by reason of circumstances beyond the Administrator's control.
Responsibility of the Administrator. The Administrator shall be under no duty to take any action on behalf of the Fund except as set forth herein or as may be agreed to by the Administrator in writing. In the performance of its duties hereunder, the Administrator shall be obligated to exercise reasonable care and diligence and to act in good faith and to use its best efforts. Without limiting the generality of the foregoing or any other provision of this Agreement, the Administrator shall not be liable for delays or errors or loss of data occurring by reason of circumstances beyond the Administrator’s control. The Administrator may delegate any and all of its responsibilities to one or more sub-administrators; provided, however, that the Administrator shall remain responsible to the Fund with respect to its duties and obligations set forth in this Agreement.
Responsibility of the Administrator. (a) The Administrator shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by the Administrator and the Fund in a written amendment hereto. The Administrator shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. The Administrator shall be liable only for any damages arising out of the Administrator’s failure to perform its duties under this Agreement to the extent such damages arise out of the Administrator’s willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Responsibility of the Administrator. The Administrator shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by the Administrator in writing. In the performance of its duties hereunder, the Administrator shall be obligated to exercise care and diligence and to act in good faith and to use its best efforts within reasonable limits in performing services provided for under this Agreement, but the Administrator shall not be liable for any act or omission which does not constitute willful misfeasance, bad faith or gross negligence on the part of the Administrator or reckless disregard by the Administrator of its duties under this Agreement. Without limiting the generality of the foregoing or of any other provision of this Agreement, the Administrator in connection with its duties under this Agreement shall not be under any duty or obligation to inquire into and shall not be liable for or in respect of (a) the validity or invalidity or authority or lack thereof of any oral or written instruction, notice or other instrument which conforms to the applicable requirements of this Agreement, and which the Administrator reasonably believes to be genuine; (b) delays or errors or loss of data occurring by reason of circumstances beyond the Administrator’s control, including acts of civil or military authority, national emergencies, labor difficulties, fire, mechanical breakdown, flood or catastrophe, acts of God, insurrection, war, riots or failure of the mails, transportation, communication or power supply. In the event of equipment failures beyond the Administrator’s control, the Administrator shall, at no additional expense to the Fund or the Trust, take reasonable steps to minimize service interruptions but shall have no liability with respect thereto.
Responsibility of the Administrator. (a) The Administrator shall be under no duty to take any action on behalf of the Fund except as necessary to fulfill its duties and obligations as specifically set forth herein or as may be specifically agreed to by the Administrator in writing. The Administrator shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. The Administrator agrees to indemnify and hold harmless the Fund from Losses arising out of the Administrator’s failure to perform its duties under this Agreement to the extent such damages arise out of the Administrator’s willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Responsibility of the Administrator. The Administrator gives each User access to the Platform. The Administrator assigns to each User a permission level, by choosing a user group category (for which the platform permissions are set by the Administrator). The permission level determines the access to posted information, and the degree and extent to which the Platform tools and functions can be used. The Administrator is responsible for giving the User permission to log into the Platform, to use its tools and services, as well as for assigning permission to publish and/or read information on the Platform. It is the responsibility of the Administrator to assure that permission rights are in accordance with the objectives of the Platform. The Administrator is also responsible for continually assuring that the permission levels are maintained and/or updated according to the intentions of the Operator and its Users.
Responsibility of the Administrator. (a) The Administrator shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein including actions taken pursuant to Oral Instructions, Written Instructions or as may be specifically agreed to by the Administrator and the Fund in writing and signed by the Administrator. The Administrator shall be obligated to exercise care and diligence in the performance of its duties hereunder, including duties set forth in any schedules to this Agreement and to act in good faith in performing services provided for under this Agreement.
