Common use of Rebuttable Presumption Clause in Contracts

Rebuttable Presumption. Section 3. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII or clauses (x) or (y) of Section 2 of this Article VIII, the majority of the disinterested Trustees of the Trust acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person acted in good faith in the reasonable belief that such Covered Person’s action was in the best interests of the Trust or that such Covered Person’s action was at least not opposed to the best interests of the Trust and has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s office.

Appears in 2 contracts

Samples: And Restated Agreement and Declaration of Trust (State Street Master Funds), And Restated Agreement and Declaration of Trust (State Street Institutional Investment Trust)

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Rebuttable Presumption. Section 3. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII or clauses (x) or (y) of Section 2 of this Article VIII, the majority of the disinterested Trustees of the Trust acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person acted in good faith in the reasonable belief that such Covered Person’s action was in the best interests of the Trust or that such Covered Person’s action was at least not opposed to the best interests of the Trust and has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s office.. Indemnification Not Exclusive

Appears in 2 contracts

Samples: Amended and Restated Agreement and Declaration of Trust (State Street Master Funds), Amended and Restated Agreement and Declaration of Trust (State Street Institutional Investment Trust)

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