Non-Fiduciary Status. The Fund hereby acknowledges and agrees that the Custodian is not a fiduciary by virtue of accepting and carrying out its obligations under this Agreement, is not acting as a collateral agent and has not accepted any fiduciary duties, responsibilities or liabilities with respect to its services hereunder.
Non-Fiduciary Status. Customer hereby acknowledges and agrees that BNY Mellon is not a fiduciary by virtue of accepting and carrying out its obligations under this Agreement and has not accepted any fiduciary duties, responsibilities or liabilities with respect to its services hereunder, including with respect to the management, investment advisory or sub-advisory functions of Customer.
Non-Fiduciary Status. 17 10.7 Notices.......................................................................................................................... 17
Non-Fiduciary Status. The arranging and other services regarding this Agreement provided by the Administrative Agent, the Arranger, and the Lenders are arm’s-length commercial transactions between the Borrower and its Affiliates, on the one hand, and the Administrative Agent, the Arranger, and the Lenders, on the other hand. The Borrower has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate. The Borrower is capable of evaluating, and understands and accepts, the terms, risks and conditions of the transactions contemplated hereby and by the other Loan Documents; the Administrative Agent, the Arranger and each Lender is and has been acting solely as a principal and, except as expressly agreed in writing by the relevant parties, has not been, is not, and will not be acting as an advisor, agent or fiduciary for the Borrower or any of its Affiliates, or any other Person and neither the Administrative Agent, the Arranger nor any Lender has any obligation to the Borrower, or any of its Affiliates with respect to the transactions contemplated hereby except those obligations expressly set forth herein and in the other Loan Documents. The Administrative Agent, the Arranger and the Lenders and their respective Affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Borrower and its Affiliates, and none of the Administrative Agent, the Arranger, or any Lender has any obligation to disclose any of such interests to the Borrower or its Affiliates. To the fullest extent permitted by law, the Borrower hereby waives and releases any claims that it may have against the Administrative Agent, the Arranger or any Lender with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction contemplated hereby.
Non-Fiduciary Status. The Client hereby acknowledges and agrees that the Custodian is not a fiduciary by virtue of accepting and carrying out its obligations under this Agreement and has not accepted any fiduciary duties, responsibilities or liabilities with respect to its services hereunder.
Non-Fiduciary Status. The Trust hereby acknowledges and agrees that the Custodian is not a fiduciary by virtue of accepting and carrying out its obligations under this Agreement and has not accepted any fiduciary duties, responsibilities or liabilities with respect to its services hereunder.
Non-Fiduciary Status. The Fund hereby acknowledges and agrees that the Custodian does not possess any degree of investment discretion or discretion regarding cost savings, currency exchange rates or any claims for benefits or recoveries with respect to any assets in, or transactions rendered for or on behalf of, the Account, and is not a fiduciary under 12 CFR Part 9, or any other applicable law, rule or regulation by virtue of accepting and carrying out its obligations under the terms and conditions of this Agreement and Custodian has not accepted any such fiduciary duties, responsibilities or liabilities with respect to its services hereunder or when effecting foreign exchange transactions in connection with this Agreement.
Non-Fiduciary Status. The arranging and other services regarding this Agreement provided by the Administrative Agent and the Lenders are arm’s-length commercial transactions between the Borrower, and its Affiliates, on the one hand, and the Administrative Agent and the Lenders, on the other hand. The Borrower has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate. The Borrower is capable of evaluating, and understands and accepts, the terms, risks and conditions of the transactions contemplated hereby and by the other Term Loan Documents; the Administrative Agent and each Lenders is and has been acting solely as a principal and, except as expressly agreed in writing by the relevant parties, has not been, is not, and will not be acting as an advisor, agent or fiduciary for the Borrower or any of its Affiliates, or any other Person and neither the Administrative Agent nor any Lender has any obligation to the Borrower, or any of its Affiliates with respect to the transactions contemplated hereby except those obligations expressly set forth herein and in the other Term Loan Documents. The Administrative Agent and the Lenders and their respective Affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Borrower, and its Affiliates, and none of the Administrative Agent or any Lender has any obligation to disclose any of such interests to the Borrower or its Affiliates. To the fullest extent permitted by law, the Borrower hereby waives and releases any claims that it may have against the Administrative Agent or any Lender with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction contemplated hereby.
Non-Fiduciary Status. Notwithstanding anything to the contrary contained herein, the Employer expressly acknowledges that with respect to the provision of the administrative services provided under this Services Agreement, CB is not an “administrator” as defined in Section 414(g) of the Internal Revenue Code, or under any applicable law. CB does not have discretionary authority or discretionary responsibility in the administration of the plan and CB is acting at all times as a ministerial administrative service provider. The Employer is responsible for determining the appropriate steps needed to correct any defect of any plan document, or any operational or demographic failure, that adversely affects a plan or its qualification under applicable law.
Non-Fiduciary Status. The Participant and the Employer acknowledge and understand that the Custodian is not a fiduciary or an administrator of the Account or the Plan under ERISA or other applicable law, and the parties intend that no action taken by the Custodian under this Agreement shall cause the Custodian to be a fiduciary or administrator. The Participant acknowledges and agrees that the Custodian shall not have any discretion, authority, or responsibility as to any investment made in connection with the Account and shall not provide any advice to the Participant in respect of such investments.
