Common use of Limitation of Liability of the Administrator; Indemnification Clause in Contracts

Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to the Fund or any Portfolio for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing herein contained shall be construed to protect the Administrator against any liability to the Fund, a Portfolio, or shareholders to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or reckless disregard of its obligations and duties hereunder.

Appears in 4 contracts

Samples: Administration Agreement (Td Waterhouse Family of Funds Inc), Administration Agreement (Waterhouse Investors Cash Management Fund Inc), Administration Agreement (Waterhouse Investors Family of Funds Inc)

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Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to the Fund or any Portfolio person for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing ; provided, however, that nothing herein contained shall be construed to protect the Administrator against any liability to the Fund, a Portfolio, or shareholders Fund to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 2 contracts

Samples: Administration Agreement (Thai Capital Fund Inc), Administration Agreement (Aberdeen Global Income Fund Inc)

Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to the Fund or any Portfolio for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing herein contained shall be construed to protect the Administrator administrator against any liability to the Fund, a Portfolio, its shareholders or shareholders any sub-investment adviser to which the Administrator shall otherwise be subject by reason reasons of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 2 contracts

Samples: Administration Agreement (Merrill Lynch Senior Floating Rate Fund Ii Inc), Administration Agreement (Merrill Lynch Senior Floating Rate Fund Ii Inc)

Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to the Trust or the Fund or any Portfolio for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing herein contained shall be construed to protect the Administrator against any liability to the Trust, the Fund, a Portfolio, or shareholders to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or reckless disregard of its obligations and duties hereunder.

Appears in 2 contracts

Samples: Administration Agreement (Td Waterhouse Trust), Administration Agreement (Td Waterhouse Trust)

Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to the Fund Corporation or any Portfolio for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing herein contained shall be construed to protect the Administrator against any liability to the FundCorporation, a Portfolio, or shareholders to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or reckless disregard of its obligations and duties hereunder.

Appears in 2 contracts

Samples: Administration Agreement (TD Asset Management USA Funds Inc.), Administration Agreement (TD Asset Management USA Funds Inc.)

Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to the Fund Company or any Portfolio for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing herein contained shall be construed to protect the Administrator against any liability to the FundCompany, a Portfolio, or shareholders to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or reckless disregard of its obligations and duties hereunder.

Appears in 1 contract

Samples: Administration Agreement (National Investors Cash Management Fund Inc)

Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to the Fund Trust or any Portfolio Fund for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing herein contained shall be construed to protect the Administrator against any liability to the FundTrust, a PortfolioFund, or shareholders to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or reckless disregard of its obligations and duties hereunder.

Appears in 1 contract

Samples: Administration Agreement (Td Waterhouse Trust)

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Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to the Fund or any Portfolio for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing herein contained shall be construed to protect the Administrator against any liability to the Fund, a Portfolio, its shareholders or shareholders any sub-investment adviser to which the Administrator shall otherwise be subject by reason reasons of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 1 contract

Samples: Administration Agreement (Merrill Lynch Sr Float Rate Fd)

Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to the Fund Company or any the Portfolio for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing herein contained shall be construed to protect the Administrator against any liability to the FundCompany, a the Portfolio, or shareholders to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or reckless disregard of its obligations and duties hereunder.

Appears in 1 contract

Samples: Administration Agreement (Td Waterhouse Plus Funds Inc)

Limitation of Liability of the Administrator; Indemnification. (a) The Administrator shall not be liable to the Fund or any the Portfolio for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing herein contained shall be construed to protect the Administrator against any liability to the Fund, a the Portfolio, or shareholders to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or reckless disregard of its obligations and duties hereunder.

Appears in 1 contract

Samples: Administration Agreement (Waterhouse Investors Family of Funds Inc)

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