Common use of Losses Clause in Contracts

Losses. Under no circumstances shall the Custodian be liable to the Fund or any third party for indirect, consequential or special damages, or lost profits or loss of business, arising in connection with this Agreement, even if the Custodian has been advised of the possibility of such damages.

Appears in 20 contracts

Samples: Custody Agreement (Motley Fool Funds Trust), Custody Agreement (TCW Alternative Funds), Custody Agreement (Context Capital Funds)

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Losses. Under no circumstances shall the Custodian or a Fund be liable to the Fund other or any third party for indirect, consequential or special damages, or lost profits or loss of business, arising in connection with this Agreement, even if the Custodian it has been advised of the possibility of such damages.

Appears in 11 contracts

Samples: Custody Agreement (Nexpoint Healthcare Opportunities Fund), Custody Agreement (NexPoint Strategic Opportunities Fund), Custody Agreement (Nexpoint Real Estate Strategies Fund)

Losses. Under no circumstances shall the Custodian be liable to any of the Fund Funds or any third party for indirect, consequential or special damages, or lost profits or loss of business, arising in connection with this Agreement, even if the Custodian has been advised of the possibility of such damages.

Appears in 3 contracts

Samples: Custody Agreement (Northern Lights Fund Trust IV), Custody Agreement (Northern Lights Fund Trust IV), Custody Agreement (Two Roads Shared Trust)

Losses. Under no circumstances shall the Custodian be liable to the Fund Customer or any third party for indirect, consequential or special damages, or lost profits or loss of business, arising in connection with this Agreement, even if the Custodian has been advised of the possibility of such damages.

Appears in 2 contracts

Samples: Custody Agreement (Axonic Alternative Income Fund), Custody Agreement (1WS Credit Income Fund)

Losses. Under no circumstances shall the Custodian be liable to, or be required to indemnify, the Fund or any third party for indirect, consequential or special damages, or lost profits or loss of business, damages arising in connection with this Agreement, even if the Custodian has been advised of the possibility of such damages.

Appears in 2 contracts

Samples: Custody Agreement (EGA Frontier Diversified Core Fund), Custody Agreement (Gabelli Natural Resources, Gold & Income Trust)

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Losses. Under no circumstances shall the Custodian be liable to the Fund or any third party party, including the Parent Fund, for indirect, consequential or special damages, or lost profits or loss of business, arising in connection with this Agreement, even if the Custodian has been advised of the possibility of such damages.

Appears in 1 contract

Samples: Custody Agreement (Simplify Exchange Traded Funds)

Losses. Under no circumstances shall the Custodian be liable to, or be required to indemnify, the Fund or any third party for indirect, consequential or special damages, or lost profits or loss of business, damages arising in connection with this Agreement, even if the Custodian has been advised of the possibility of such damages.

Appears in 1 contract

Samples: Custody Agreement (EGA Emerging Global Shares Trust)

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