Common use of Liability with respect to the Provision of Administrative Services Clause in Contracts

Liability with respect to the Provision of Administrative Services. In providing the Administrative Services, the Manager may rely on information reasonably believed by it to be accurate and reliable. Except as may otherwise be required by the 1940 Act or the rules thereunder, neither the Manager nor its stockholders, officers, directors/trustees, employees, or agents shall be subject to any liability for, or any damages, expenses, or losses incurred in connection with, any act or omission connected with or arising out of any Administrative Services rendered under this Agreement, except by reason of willful misfeasance, bad faith, or negligence in the performance of the Manager's duties, or by reason of reckless disregard of the Manager's obligations and duties under this Agreement. The liability incurred by the Manager pursuant to this Section 9(b) with respect to a Series in any year shall be limited to the revenues of the Manager derived from the Series in that fiscal year of the Series. The Manager shall look solely to the Series’ property for satisfaction of claims of any nature against the Series or a director, officer, employee or agent of the Series individually arising in connection with the affairs of the Series.

Appears in 6 contracts

Samples: Investment Management Agreement (Voya VARIABLE INSURANCE TRUST), Investment Management Agreement (Voya INVESTORS TRUST), Investment Management Agreement (Voya INVESTORS TRUST)

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Liability with respect to the Provision of Administrative Services. In providing the Administrative Services, the Manager may rely on information reasonably believed by it to be accurate and reliable. Except as may otherwise be required by the 1940 Act or the rules thereunder, neither the Manager nor its stockholders, officers, directors/trustees, employees, or agents shall be subject to any liability for, or any damages, expenses, or losses incurred in connection with, any act or omission connected with or arising out of any Administrative Services rendered under this Agreement, except by reason of willful misfeasance, bad faith, or negligence in the performance of the Manager's ’s duties, or by reason of reckless disregard of the Manager's ’s obligations and duties under this Agreement. The liability incurred by the Manager pursuant to this Section 9(b8(b) with respect to a Series in any year shall be limited to the revenues of the Manager derived from the Series in that fiscal year of the Series. The Manager shall look solely to the Series’ property for satisfaction of claims of any nature against the Series or a director, officer, employee or agent of the Series individually arising in connection with the affairs of the Series.

Appears in 3 contracts

Samples: Investment Management Agreement (Voya MONEY MARKET PORTFOLIO), Investment Management Agreement (Voya VARIABLE FUNDS), Investment Management Agreement (Voya INTERMEDIATE BOND PORTFOLIO)

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Liability with respect to the Provision of Administrative Services. In providing the Administrative Services, the Manager may rely on information reasonably believed by it to be accurate and reliable. Except as may otherwise be required by the 1940 Act or the rules thereunder, neither the Manager nor its stockholders, officers, directors/trustees, employees, or agents shall be subject to any liability for, or any damages, expenses, or losses incurred in connection with, any act or omission connected with or arising out of any Administrative Services rendered under this Agreement, except by reason of willful misfeasance, bad faith, or negligence in the performance of the Manager's ’s duties, or by reason of reckless disregard of the Manager's ’s obligations and duties under this Agreement. The liability incurred by the Manager pursuant to this Section 9(b) with respect to a Series in any year shall be limited to the revenues of the Manager derived from the Series in that fiscal year of the Series. The Manager shall look solely to the Series’ property for satisfaction of claims of any nature against the Series or a directortrustee, officer, employee or agent of the Series individually arising in connection with the affairs of the Series.

Appears in 1 contract

Samples: Investment Management Agreement (Voya Separate Portfolios Trust)

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