Limitations of J.X. Xxxxxx’x Liability Sample Clauses

Limitations of J.X. Xxxxxx’x Liability. (a) Under no circumstances will J.X. Xxxxxx be liable for (i) any loss of profits (whether direct or indirect); (ii) any indirect, incidental, consequential or special damages of any form, incurred by any person or entity, whether or not foreseeable and regardless of the type of action in which such a claim may be brought, with respect to J.X. Xxxxxx’x performance or non-performance under this Agreement, or J.X. Xxxxxx’x role as a service provider to the Customer; (iii) any Liabilities suffered by any person as a result of the failure of any of the Dependencies to be met; (iv) the assumptions made by J.X. Xxxxxx in good faith in preparing a Report proving to be incorrect, inaccurate or inapplicable or any assumption which could or should have been made not being made; (v) any Liabilities arising as a consequence of the Customer using, or providing to any other person to use, any Report or information in or derived from or based on any Report, to make decisions (including Investment Decisions) in respect of the Customer; or (vi) any Liabilities suffered by any person relating to any decisions made by J.X. Xxxxxx in complying with the AML/Sanctions Requirements.
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Limitations of J.X. Xxxxxx’x Liability. (a) J.X. Xxxxxx may rely on information provided to it by or on behalf of the Funds, or which was prepared or maintained by the Trust or any third party on behalf of the Funds, in the course of discharging its duties under this Agreement. J.X. Xxxxxx shall not be liable to any person for any Liabilities suffered by any person as a result of J.X. Xxxxxx: (i) having relied upon the authority, accuracy, truth or completeness of information including, without limitation, information supplied to J.X. Xxxxxx by the Trust or by the Investment Adviser or any third party acting on behalf of the Trust or the Investment Advisor which is not a subcontractor of J.X. Xxxxxx, including but not limited to, information in relation to trades in respect of the Funds or expenses of the Funds; (ii) having relied upon the authority, accuracy, truth and completeness of information furnished to J.X. Xxxxxx by any pricing services, data services, or provider of other market information or information concerning securities held by the Funds. Fund Services Agreement May 2013
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Related to Limitations of J.X. Xxxxxx’x Liability

  • Limitations of Liability The Trustee shall have no responsibility or liability to:

  • Provisions of General Application (a) All accounting terms not specifically defined herein shall be construed in accordance with GAAP.

  • Limitation of Liabilities 13.1 Notwithstanding anything herein to the contrary, except for damages resulting from (i) unauthorized use or disclosure of Confidential Information (including Customer Data), or (ii) damages resulting from death or bodily injury arising from either party’s gross negligence or willful misconduct, or (iii) SAP’s right to collect unpaid fees, under no circumstances and regardless of the nature of the claim shall either party (or their respective Affiliates or SAP’s licensor’s) be liable to each other to or any other person or entity under the Agreement for an amount of damages in excess of the fees paid for the applicable Services under the relevant Order Form or in the case of subscription based Services including managed services, the fees paid in the twelve (12) month period preceding the date of the incident giving rise to the liability, or, any special, incidental, consequential, or indirect damages, loss of good will or business profits, work stoppage or for exemplary or punitive damages.

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