Common use of No Personal Liability of Shareholders, Trustees, etc Clause in Contracts

No Personal Liability of Shareholders, Trustees, etc. No Shareholder of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person in connection with Trust Property or the acts, obligations or affairs of the Trust. Shareholders shall have the same limitation of personal liability as is extended to stockholders of a private corporation for profit incorporated under the DGCL. To the maximum extent permitted by Delaware law and the Investment Company Act in effect from time to time, no Trustee or officer of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person, save only liability to the Trust or its Shareholders arising from bad faith, willful misconduct, gross negligence or reckless disregard for his or her duty to such Person; and, subject to the foregoing exception, all such Persons shall look solely to the Trust Property for satisfaction of claims of any nature arising in connection with the affairs of the Trust. If any Shareholder, Trustee or officer, as such, of the Trust, is made a party to any suit or proceeding to enforce any such liability, subject to the foregoing exception, he or she shall not, on account thereof, be held to any personal liability. Neither the repeal or amendment of this Section 5.1, nor the adoption or amendment of any other provision of this Declaration or the By-Laws inconsistent with this Article, shall adversely affect any right or protection of a Trustee or officer of the Trust existing at the time of such repeal or amendment with respect to acts or omissions occurring prior to such repeal, amendment or adoption.

No Personal Liability of Shareholders, Trustees, etc. No ----------------------------------------------------------- Shareholder of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person in connection with Trust Series Property or the acts, obligations or affairs of the Trust. Shareholders shall have the same limitation of personal liability as is extended to stockholders of a private corporation for profit incorporated under the DGCLgeneral corporation law of the State of Delaware. To No Trustee, officer, employee or agent of the maximum extent permitted by Delaware law and the Investment Company Act in effect from time to time, no Trustee Trust or officer any Series of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person, other than the Trust or the respective Series or the Shareholders, in connection with Series Property or the affairs of the Trust or the respective Series, save only liability to the Trust or its Shareholders arising from bad faith, willful misconductmisfeasance, gross negligence or reckless disregard for his or her duty to such Person; and, subject to the foregoing exception, all such Persons shall look solely to the Trust Series Property of the affected Series for satisfaction of claims of any nature arising in connection with the affairs of the Trust. If any Shareholder, Trustee or officer, as such, of the Trust, is made a party to any suit or proceeding to enforce any such liability, subject to the foregoing exceptionexception regarding Trustees and officers, he or she shall not, on account thereof, be held to any personal liability. Neither the Any repeal or amendment modification of this Section 5.1, nor the adoption or amendment of any other provision of this Declaration or the By-Laws inconsistent with this Article, 4.1 shall not adversely affect any right or protection of a Trustee or officer of the Trust existing at the time of such repeal or amendment modification with respect to acts or omissions occurring prior to such repeal, amendment repeal or adoptionmodification.

No Personal Liability of Shareholders, Trustees, etc. No Shareholder Share holder of the Trust shall be subject in such capacity to any personal liability whatsoever whatso ever to any Person in connection with Trust Series Property or the acts, obligations or affairs of the Trust. Shareholders shall have the same limitation of personal liability as is extended to stockholders of a private corporation for profit incorporated under the DGCLgeneral corporation law of the State of Delaware. To No Trustee, officer, employee or agent of the maximum extent permitted by Delaware law and the Investment Company Act in effect from time to time, no Trustee Trust or officer any Series of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person, other than the Trust or the respective Series or the Shareholders, in connection with Series Property or the affairs of the Trust or the respective Series, save only liability to the Trust or its Shareholders arising from bad faith, willful misconductmisfeasance, gross negligence or reckless disregard for his or her duty to such Person; and, subject to the foregoing exception, all such Persons shall look solely to the Trust Series Property of the affected Series for satisfaction of claims of any nature arising in connection with the affairs of the Trust. If any Shareholder, Trustee or officer, as such, of the Trust, is made a party to any suit or proceeding to enforce any such liability, subject to the foregoing exceptionexception regarding Trustees and officers, he or she shall not, on account thereof, be held to any personal liability. Neither the Any repeal or amendment modification of this Section 5.1, nor the adoption or amendment of any other provision of this Declaration or the By-Laws inconsistent with this Article, 5.1 shall not adversely affect any right or protection of a Trustee or officer of the Trust existing at the time of such repeal or amendment modification with respect to acts or omissions occurring prior to such repeal, amendment repeal or adoptionmodification.

No Personal Liability of Shareholders, Trustees, etc. No Shareholder of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person in connection with Trust Property or the acts, obligations or affairs of the Trust. Shareholders shall have the same limitation of personal liability as is extended to stockholders of a private corporation for profit incorporated under the DGCLDelaware General Corporation Law. To the maximum extent permitted by Delaware law and the Investment Company Act in effect from time to time, no No Trustee or officer of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person, save only liability to the Trust or its Shareholders arising from bad faith, willful misconductmisfeasance, gross negligence or reckless disregard for his or her duty to such Person; and, subject to the foregoing exception, all such Persons shall look solely to the Trust Property for satisfaction of claims of any nature arising in connection with the affairs of the Trust. No Trustee who has been determined to be an “audit committee financial expert” (for purposes of Section 407 of the Xxxxxxxx-Xxxxx Act of 2002 or any successor provision thereto) by the Trustees shall be subject to any greater liability or duty of care in discharging such Trustee’s duties and responsibilities by virtue of such determination than is any Trustee who has not been so designated. If any Shareholder, Trustee or officer, as such, of the Trust, is made a party to any suit or proceeding to enforce any such liability, subject to the foregoing exception, he or she shall not, on account thereof, be held to any personal liability. Neither the repeal or amendment modification of this Section 5.1, nor the adoption or amendment modification of any other provision of this Declaration or the By-Laws inconsistent with this Article, shall adversely affect any right or protection of a Trustee or officer of the Trust existing at the time of such adoption, repeal or amendment modification with respect to acts or omissions occurring prior to such repealadoption, amendment repeal or adoptionmodification.

No Personal Liability of Shareholders, Trustees, etc. No Shareholder The Trustees shall be entitled to the protection against personal liability for the obligations of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person in connection with Trust Property or the acts, obligations or affairs under Section 3803(b) of the TrustAct. Shareholders shall have the same limitation of personal liability as is extended to stockholders of a private corporation for profit incorporated under the DGCLDelaware General Corporation Law. To the maximum extent permitted by Delaware law and the Investment Company Act in effect from time to time, no No Trustee or officer of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person, save only liability to the Trust or its Shareholders arising from bad faith, willful misconductmisfeasance, gross negligence or reckless disregard for his or her duty to such Person; and, subject to the foregoing exception, all such Persons shall look solely to the Trust Property for satisfaction of claims of any nature arising in connection with the affairs of the Trust. If any Shareholder, Trustee or officer, as such, of the Trust, is made a party to any suit or proceeding to enforce any such liability, subject to the foregoing exception, he or she shall not, on account thereof, be held to any personal liability. Neither the Any repeal or amendment modification of this Section 5.1, nor the adoption or amendment of any other provision of this Declaration or the By-Laws inconsistent with this Article, 5.1 shall not adversely affect any right or protection of a Trustee or officer of the Trust existing at the time of such repeal or amendment modification with respect to acts or omissions occurring prior to such repealrepeal or modification. The Trustees shall not be responsible or liable in any event for any neglect or wrongdoing of any officer, amendment agent, employee, manager, adviser, sub-adviser, administrator or adoptionPrincipal Underwriter of the Trust.

No Personal Liability of Shareholders, Trustees, etc. No Shareholder Share-holder of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person in connection with Trust Series Property or the acts, obligations or affairs of the Trust. Shareholders shall have the same limitation of personal liability as is extended to stockholders of a private corporation for profit incorporated under the DGCLgeneral corporation law of the State of Delaware. To No Trustee, officer, employee or agent of the maximum extent permitted by Delaware law and the Investment Company Act in effect from time to time, no Trustee Trust or officer any Series of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person, other than the Trust or the respective Series or the Shareholders, in connection with Series Property or the affairs of the Trust or the respective Series, save only liability to the Trust or its Shareholders arising from bad faith, willful misconductmisfeasance, gross negligence or reckless disregard for his or her duty to such Person; and, subject to the foregoing exception, all such Persons shall look solely to the Trust Series Property of the affected Series for satisfaction of claims of any nature arising in connection with the affairs of the Trust. If any Shareholder, Trustee or officer, as such, of the Trust, is made a party to any suit or proceeding to enforce any such liability, subject to the foregoing exceptionexception regarding Trustees and officers, he or she shall not, on account thereof, be held to any personal liability. Neither the Any repeal or amendment modification of this Section 5.1, nor the adoption or amendment of any other provision of this Declaration or the By-Laws inconsistent with this Article, 5.1 shall not adversely affect any right or protection of a Trustee or officer of the Trust existing at the time of such repeal or amendment modification with respect to acts or omissions occurring prior to such repeal, amendment repeal or adoptionmodification.

No Personal Liability of Shareholders, Trustees, etc. No Shareholder of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person in connection with Trust Series Property or the acts, obligations or affairs of the Trust. Shareholders shall have the same limitation of personal liability as is extended to stockholders of a private corporation for profit incorporated under the DGCLDelaware General Corporation Law. To No Trustee, officer, employee or agent of the maximum extent permitted by Delaware law and the Investment Company Act in effect from time to time, no Trustee Trust or officer any Series of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person, other than the Trust or the respective Series or the Shareholders, in connection with Series Property or the affairs of the Trust or the respective Series, save only liability to the Trust or its Shareholders arising from bad faith, willful misconductmisfeasance, gross negligence or reckless disregard for his or her duty to such Person; and, subject to the foregoing exception, all such Persons shall look solely to the Trust Series Property of the affected Series for satisfaction of claims of any nature arising in connection with the affairs of the Trust. If any Shareholder, Trustee or officer, as such, of the Trust, is made a party to any suit or proceeding to enforce any such liability, subject to the foregoing exceptionexception regarding Trustees and officers, he or she shall not, on account thereof, be held to any personal liability. Neither the Any repeal or amendment modification of this Section 5.1, nor the adoption or amendment of any other provision of this Declaration or the By-Laws inconsistent with this Article, 5.1 shall not adversely affect any right or protection of a Trustee or officer of the Trust existing at the time of such repeal or amendment modification with respect to acts or omissions occurring prior to such repeal, amendment repeal or adoptionmodification.

No Personal Liability of Shareholders, Trustees, etc. No Shareholder of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person in connection with Trust Series Property or the acts, obligations or affairs of the Trust. Shareholders shall have the same limitation of personal liability as is extended to stockholders of a private corporation for profit incorporated under the DGCLDelaware General Corporation Law. To No Trustee, officer, employee or agent of the maximum extent permitted by Delaware law and the Investment Company Act in effect from time to time, no Trustee Trust or officer any Series of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person, other than the Trust or the respective Series or the Shareholders, in connection with Series Property or the affairs of the Trust or the respective Series, save only liability to the Trust or its Shareholders arising from bad faith, willful misconductmisfeasance, gross negligence or reckless disregard for his or her duty to such Person; and, subject to the foregoing exception, all such Persons shall look solely to the Trust Series Property of the affected Series for satisfaction of claims of any nature arising in connection with the affairs of the Trust. If any Shareholder, Trustee or officer, as such, of the Trust, is made a party to any suit or proceeding to enforce any such liability, subject to the foregoing exceptionexception regarding Trustees and officers, he or she shall not, on account thereof, be held to any personal liability. Neither the Any repeal or amendment modification of this Section 5.1, nor the adoption or amendment of any other provision of this Declaration or the By-Laws inconsistent with this Article, 5.1 shall not adversely affect any right or protection of a Trustee or officer of the Trust existing at the time of such repeal or amendment modification with respect to acts or omissions occurring prior to such repeal, amendment repeal or adoption.modification. 5.2