Common use of Errors of Others Clause in Contracts

Errors of Others. GFS shall not be liable to RCS, the Trust or the Funds for any losses arising out of the errors of other service providers, including, without limitation, the errors of pricing services (other than to pursue all reasonable claims against the pricing service based on the pricing services' standard contracts entered into by GFS (if any)) and errors in information provided by an investment adviser (including prices and pricing formulas and the untimely transmission of trade information) or custodian to the Trust, except (i) for any such losses arising out of the errors of any sub-contractors retained by GFS pursuant to Section 10(b) below, or (ii) to the extent such losses arise out of GFS’s own gross negligence, willful misconduct or lack of good faith.

Appears in 2 contracts

Samples: Sub Services Agreement (Wildermuth Endowment Strategy Fund), Sub Services Agreement (American Real Estate Income Fund)

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Errors of Others. GFS shall not be liable to RCSANST, the Trust or the Funds for any losses arising out of the errors of other service providers, including, without limitation, the errors of pricing services (other than to pursue all reasonable claims against the pricing service based on the pricing services' standard contracts entered into by GFS (if any)) and errors in information provided by an investment adviser (including prices and pricing formulas and the untimely transmission of trade information) or custodian to the Trust, except (i) for any such losses arising out of the errors of any sub-contractors retained by GFS pursuant to Section section 10(b) below, or (ii) to the extent such losses arise out of GFS’s own gross negligence, willful misconduct or lack of good faith.

Appears in 2 contracts

Samples: Sub Services Agreement (Wildermuth Endowment Strategy Fund), Sub Services Agreement (American Real Estate Income Fund)

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