Common use of Express Duties Clause in Contracts

Express Duties. The Distributor and the Transfer Agent undertake to perform such duties and only such duties as are expressly set forth herein, or expressly incorporated herein by reference, and no implied covenants or obligations shall be read into this Agreement against the Distributor or the Transfer Agent. The parties understand and agree that the Trust (and the Trustee acting on behalf of the Trust for such purposes) is a limited a party to this Agreement for the sole purpose of accepting such Agreement. Accordingly, the Trust (and the Trustee acting on behalf of the Trust for such purposes) has not agreed to undertake any obligations under this Agreement nor made any representations or warranties under this Agreement and no implied covenants or obligations shall be read into this Agreement against either the Trustee or the Trust. The parties acknowledge that State Street Bank and Trust Company, defined as Trustee and Transfer Agent herein, is acting in its capacity hereunder as trustee in accordance with and pursuant to the Trust Agreement and not in its general corporate capacity. The Distributor and the Transfer Agent each agree that no provision in this Section 9 shall relieve such party from its obligations to the Trust under any servicing agreement that it has entered into with the Trust.

Express Duties. The Distributor and the Transfer Agent undertake to perform such duties and only such duties as are expressly set forth herein, or expressly incorporated herein by reference, and no implied covenants or obligations shall be read into this Agreement against the Distributor or the Transfer Agent. The parties understand and agree that the Trust (and the Trustee acting on behalf of the Trust for such purposes) is a limited a party to this Agreement for the sole purpose of accepting such Agreement. Accordingly, the Trust (and the Trustee acting on behalf of the Trust for such purposes) has not agreed to undertake any obligations under this Agreement nor made any representations or warranties under this Agreement and no implied covenants or obligations shall be read into this Agreement against either the Trustee or the Trust. The parties acknowledge that State Street Bank and Global Advisors Trust Company, defined as Trustee and Transfer Agent hereinTrustee, is acting in its capacity hereunder as trustee in accordance with and pursuant to the Trust Agreement and not in its general corporate capacity. The Distributor and the Transfer Agent each agree that no provision in this Section 9 shall relieve such party from its obligations to the Trust under any servicing agreement that it has entered into with respect to the Trust.