Services; Standard of Care. For the duration of this Agreement, Adviser agrees to use its reasonable best efforts, subject to applicable legal and contractual restrictions and in compliance with the procedures described in the then-current prospectus(es) and Statement(s) of Additional Information of the Funds (collectively, “Prospectuses”), to provide one or more of the Services. Except as otherwise provided herein, Adviser shall not be liable for any costs, expenses, damages, liabilities or claims (including reasonable attorneys’ fees and accountants’ fees) incurred by a Fund, except those costs, expenses, damages, liabilities or claims arising out of Adviser’s or Adviser’s affiliates own fraud, gross negligence or willful misconduct, or by reason of the reckless disregard by Adviser or Adviser’s affiliates of the Adviser’s obligations and duties hereunder. Under no circumstances shall either party hereto be liable to the other for special, punitive or consequential damages arising under or in connection with this Agreement, even if the party is previously informed of the possibility of such damages.
Services; Standard of Care. 5 Section 3.01. Services .................................................... 5 Section 3.02. Reports to the Company ...................................... 5
Services; Standard of Care. 7 Section 3.01 Services 7 Section 3.02 Reports to the Company 7
Services; Standard of Care. 8 Section 3.01
Services; Standard of Care. For the duration of this Agreement, EDJones agrees to use its reasonable best efforts, subject to applicable legal and contractual restrictions and in compliance with the procedures described in the then-current prospectuses(es) and Statement(s) of Additional Information of the Funds (collectively, “Prospectuses”), to provide one or more of the Services. Except as otherwise provided herein, EDJones shall not be liable for any costs, expenses, damages, liabilities or claims (including reasonable attorneys’ fees and accountants’ fees) incurred by a Fund, except those costs, expenses, damages, liabilities or claims arising out of EDJones’ or EDJones’ affiliates own fraud, gross negligence or willful misconduct, or by reason of the reckless disregard by EDJones or EDJones’ affiliates obligations and duties hereunder. Under no circumstances shall either party hereto be liable to the other for special, punitive or consequential damages arising under or in connection with this Agreement, even if the party is previously informed of the possibility of such damages.
Services; Standard of Care. 8 -------------------------------------- Section 3.01 Services for the Notes.........................................................8 Section 3.02 Maintenance of Files and Records..............................................11 Section 3.03 Monthly Reports to the Company................................................12
Services; Standard of Care. For the duration of this Agreement, the Manager agrees to use its reasonable best efforts, subject to applicable legal and contractual restrictions and in compliance with the procedures described in the then-current prospectus(es) and Statement(s) of Additional Information of the Funds (collectively, “Prospectuses”), to provide one or more of the Services. The Manager may subcontract for the performance of one or more of the Services with persons who provide Services for Fund shareholders, including, without limitation, financial intermediaries, such as broker-dealers, and affiliated persons (or affiliated persons of affiliated persons) of the Manager (each a “Subcontractor”). Except as otherwise provided herein, the Manager shall not be liable for any costs, expenses, damages, liabilities or claims (including reasonable attorneys’ fees and accountants’ fees) incurred by a Fund, except those costs, expenses, damages, liabilities or claims arising out of the Manager’s or the Manager’s affiliates own fraud, gross negligence or willful misconduct, or by reason of the reckless disregard by the Manager or the Manager’s affiliates of the Manager’s obligations and duties hereunder. Under no circumstances shall either party hereto be liable to the other for special, punitive or consequential damages arising under or in connection with this Agreement, even if the party is previously informed of the possibility of such damages.
Services; Standard of Care. 2.1 The Services shall be commenced upon the issuance of a service order by MH (the “Service Order”). For greater certainty, MH has no obligation to issue a Service Order under this Agreement.
2.2 Unless expressly excluded in a Service Order, Service Provider agrees to perform all services specified in this Agreement, including all related work and services necessary to enable MH to satisfy its obligations under the Prime Contract.
2.3 The Services shall be performed in accordance with:
(a) the terms and conditions of the Prime Contract, this Agreement and any Service Order issued pursuant to this Agreement;
(b) the standards of care, skill and diligence normally practiced by members of the design, engineering or consulting profession providing services of a similar nature at the time and place that the Services are performed; and
(c) all applicable laws, regulations, ordinances and stipulations of authorities having jurisdiction.
2.4 Before execution of this Agreement, Service Provider shall identify in writing to MH any investigations, surveys, tests, analyses and reports that may be necessary for the proper execution of the Services.
2.5 Except as expressly set out in this Agreement or a Service Order, the Service Provider may only rely on the accuracy and completeness of all information provided by MH and Client to the extent MH may rely on the accuracy and completeness of such information under the Prime Contract.
2.6 Payment or additional time for services not included in the Services under this Agreement or a Service Order (“Additional Services”) will be permitted only when authorized by MH in advance and in writing.
Services; Standard of Care. Section 3.01. Services for the Notes. The services to be provided to the Company by the Agent pursuant to and during the term of this Agreement shall include the following:
Services; Standard of Care. For the duration of this Agreement, Manager agrees to use its reasonable best efforts, subject to applicable legal and contractual restrictions and in compliance with the procedures described in the Trust’s Compliance Policies and Procedures and the then-current prospectuses(es) and Statement(s) of Additional Information of the Funds (collectively, “Prospectuses”), to provide one or more of the Services to the Funds and Classes listed in Schedule A. Except as otherwise provided herein, Manager shall not be liable for any costs, expenses, damages, liabilities or claims (including reasonable attorneys’ fees and accountants’ fees) incurred by a Fund, except those costs, expenses, damages, liabilities or claims arising out of Manager’s or Manager’s affiliates own fraud, gross negligence or willful misconduct, or by reason of the reckless disregard by Manager or Manager’s affiliates of the Manager’s obligations and duties hereunder. Under no circumstances shall either party hereto be liable to the other for special, punitive or consequential damages arising under or in connection with this Agreement, even if the party is previously informed of the possibility of such damages.
