Liability of Evaluator. The Trustee, FTPS Unit Servicing Agent, Depositor and the Unit holders may rely on any Evaluation furnished by First Trust Advisors, L.P., acting in its capacity as Evaluator, and shall have no responsibility for the accuracy thereof. The determinations made by the Evaluator hereunder shall be made in good faith upon the basis of the best information available to it. The Evaluator shall be under no liability to the Trustee, FTPS Unit Servicing Agent, Depositor or the Unit holders for errors in judgment; provided, however, that this provision shall not protect the Evaluator against any liability to which it would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder."
M. The second sentence of the first paragraph of Section 5.01 shall be amended to delete subsection (ii) of such sentence and replace it in its entirety with the following:
Liability of Evaluator. The Trustee, Depositor and the Unit holders may rely on any Evaluation furnished by First Trust Advisors L.P., acting in its capacity as Evaluator, and shall have no responsibility for the accuracy thereof. The determinations made by the Evaluator hereunder shall be made in good faith upon the basis of the best information available to it. The Evaluator shall be under no liability to the Trustee, Depositor or the Unit holders for errors in judgment; provided, however, that this provision shall not protect the Evaluator against any liability to which it would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder."
L. Section 4.05 of the Standard Terms and Conditions of Trust shall be replaced with the following:
Liability of Evaluator. The Trustee, FTPS Unit Servicing Agent, Depositor and the Unit holders may rely on any Evaluation furnished by First Trust Advisors L.P., acting in its capacity as Evaluator, and shall have no responsibility for the accuracy thereof. The determinations made by the Evaluator hereunder shall be made in good faith upon the basis of the best information available to it. The Evaluator shall be under no liability to the Trustee, FTPS Unit Servicing Agent, Depositor or the Unit holders for errors in judgment; provided, however, that this provision shall not protect the Evaluator against any liability to which it would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder."
Liability of Evaluator. 30 SECTION 4.5.
Liability of Evaluator. The Trustee and the Unitholders may rely on any evaluation furnished by the Evaluator and shall have no responsibility for the accuracy thereof. The determinations made by the Evaluator hereunder shall be made in good faith upon the basis of the best information available to it. The Evaluator shall be under no liability to the Trustee or the Unitholders for errors provided, however, that this provision shall not protect the Evaluator against any liability to which it would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder. In no event will the Evaluator be liable for any indirect, special or consequential damages, including, but not limited to, lost time, lost money, lost profits or good will, whether in contract, tort (including negligence), strict liability or otherwise and whether or not such damages are foreseen or unforeseen.
Liability of Evaluator. The Trustee and the Depositor may rely on any evaluation furnished by the Evaluator and shall have no responsibility for the accuracy thereof. The determinations made by the Evaluator hereunder shall be made in good faith upon the basis of the best information available to it. The Evaluator shall be under no liability to the Trustee, Depositor or Certificateholders for errors in judgment, provided, however, that this provision shall not protect the Evaluator against any liability to which it would otherwise be subject by reason of its willful misconduct, bad faith or gross negligence.
Liability of Evaluator. The Unitholders and each other party to this Master Services Agreement may rely on any valuation furnished by the Evaluator. The determinations made by the Evaluator and the computations made by the Administrator under Section 6.01 shall be made in good faith upon the basis of the best information available to them. The Evaluator and the Administrator shall be under no liability to the Unitholders or any other party to this Master Services Agreement for errors, provided, however, that this provision shall not protect the Evaluator and Administrator against any liability to which it would otherwise be subject by reason of gross negligence, bad faith or willful misconduct in the performance of its duties.
Liability of Evaluator. The Trustee, the Depositor and the Certificateholders may rely upon any evaluation furnished by the Evaluator and shall have no responsibility for the accuracy thereof. The determinations made by the Evaluator hereunder shall be made in good faith upon the basis of the best information available to it. The Evaluator shall be under no liability to the Trustee, the Depositor or the Certificateholders for errors in judgment; provided, however, that this provision shall not protect the Evaluator against any liability to which it would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder.
Liability of Evaluator. The Trustee, Depositor and the Unitholders may rely on any evaluation furnished by the Evaluator and shall have no responsibility for the accuracy thereof. The determinations made by the Evaluator hereunder shall be made in good faith upon the basis of, and shall have no liability for errors in, the information reasonably available to it. The Evaluator shall be under no liability to the Trustee, the Depositor or the Unitholders for errors in information obtained from any pricing service or similar source of information selected by the Evaluator with reasonable care, or for errors in judgment or any action taken in good faith, provided, however, that this provision shall not protect the Evaluator against any liability to which it would otherwise be subject by reason of willful misfeasance or bad faith in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder.
Liability of Evaluator. The Administrative Agent, the Trust and the Unitholders may rely on any evaluation of Portfolio Securities or valuation of a Series and its Units furnished by the Evaluator and shall have no responsibility for the accuracy thereof. The determinations made by the Evaluator hereunder shall be made in good faith upon the basis of the Approved Valuation Methodology. The Evaluator shall be under no liability to the Trustee, the Administrative Agent or the Unitholders for errors in judgment, provided, however, that this provision shall not protect the Evaluator against any liability to which it would otherwise be subject b reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder.
