Common use of Responsibility for Losses Clause in Contracts

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 6(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful default, fraud or negligence of the Service Provider or any Administrative Support Provider, and (ii) the Service Provider’s liability will be subject to the limitations set forth below.

Appears in 12 contracts

Samples: Services Agreement (John Hancock Funds II), Services Agreement (John Hancock Bond Trust), Services Agreement (John Hancock Investment Trust)

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Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 6(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful default, fraud or gross negligence of the Service Provider or any Administrative Support Provider, and (ii) the Service Provider’s liability will be subject to the limitations set forth below.

Appears in 11 contracts

Samples: Services Agreement (Allianz Variable Insurance Products Fund of Funds Trust), Transfer Agency Services Agreement (Allianz Variable Insurance Products Trust), Sub Transfer Agency Services Agreement (Diamond Hill Funds)

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 6(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful defaultmisfeasance, fraud fraud, bad faith, negligence or negligence reckless disregard of its obligations or duties by the Service Provider or any Administrative Support Provider, and (ii) the Service Provider’s liability will be subject to the limitations set forth below.

Appears in 4 contracts

Samples: Compliance Services Agreement (Growth Capital TEI Portfolio, LLC), Compliance Services Agreement (Growth Capital Master Portfolio, LLC), Form of Services Agreement (Growth Capital TEI Portfolio, LLC)

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 6(A3(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful default, fraud or gross negligence of the Service Provider or any Administrative Support Providerin selecting an individual to be considered by the Board for appointment as an Officer, and (ii) the Service Provider’s liability will be subject to the limitations set forth below.

Appears in 3 contracts

Samples: Principal Financial Officer Agreement (Allianz Variable Insurance Products Fund of Funds Trust), Cco Agreement (Boston Trust & Walden Funds), Principal Financial Officer Agreement (Allianz Variable Insurance Products Trust)

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 6(A3(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful default, fraud or gross negligence of the Service Provider or any Administrative Support Providerin selecting an individual to be considered by the Board for appointment as an Officer, and (ii) the Service Provider’s liability will be subject to the limitations set forth below.

Appears in 2 contracts

Samples: Pfo Services Agreement (Allianz Variable Insurance Products Trust), Pfo Services Agreement (Allianz Variable Insurance Products Fund of Funds Trust)

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 6(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful default, fraud any action taken or negligence of omitted by the Service Provider or any Administrative Support ProviderProvider in the absence of bad faith, and (ii) willful misfeasance, negligence or reckless disregard by the Service Provider’s liability will be subject to Provider or the limitations set forth belowAdministrative Support Provider of its obligations and duties.

Appears in 2 contracts

Samples: Agency Services Agreement (Victory Portfolios II), Accounting Services Agreement (Victory Portfolios II)

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 6(A3(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful default, fraud or gross negligence of the Service Provider or any Administrative Support Providerin selecting an individual to be considered by the Board for appointment as an Officer, and (ii) the Service Provider’s 's liability will be subject to the limitations set forth below.

Appears in 2 contracts

Samples: Pfo Agreement (Allianz Variable Insurance Products Fund of Funds Trust), Pfo Agreement (Allianz Variable Insurance Products Trust)

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 6(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the bad faith, willful defaultmisfeasance, fraud negligence or negligence reckless disregard of the Service Provider or any Administrative Support Provider, and (ii) the Service Provider’s liability will be subject to the limitations set forth below.. Services Agreement

Appears in 2 contracts

Samples: Services Agreement (Mirae Asset Discovery Funds), Services Agreement (Mirae Asset Discovery Funds)

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 6(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful defaultmisfeasance, fraud fraud, bad faith, negligence or negligence reckless disregard of its obligations or duties by the Service Provider or any Administrative Support Provider, and (ii) the Service Provider’s 's liability will be subject to the limitations set forth below.

Appears in 2 contracts

Samples: Compliance Services Agreement (Growth Capital Portfolio, LLC), Form of Services Agreement (Growth Capital Portfolio, LLC)

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 6(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful default, fraud or negligence of the Service Provider or Provider, its Affiliates and/or any Administrative Support ProviderProvider concerning services appurtenant hereto, and (ii) the Service Provider’s liability will be subject to the limitations set forth below.

Appears in 2 contracts

Samples: Transfer Agency Services Agreement (Hc Capital Trust), Services Agreement (Hc Capital Trust)

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 6(A)clause 6.1 above and clause 6.2.1 below), (i) the Service Provider will not be liable to the Client Funds for any damages or losses save for those resulting from the willful defaultmisconduct, fraud or fraud, negligence of the Service Provider or any Administrative Support Provider, Service Provider Agent as a result of the performance or non-performance by the Service Provider or any Service Provider Agent of its obligations and duties hereunder and (ii) the Service Provider’s liability will be subject to the limitations set forth belowin this Agreement.

Appears in 1 contract

Samples: Accounting and Compliance Services Agreement (Cavanal Hill Funds)

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Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 6(A)clause 6.1), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful defaultmisconduct, fraud or or—gross negligence of the Service Provider or any Administrative Support ProviderService Provider Agent as a result of the performance or non-performance by the Service Provider of its obligations and duties hereunder, and (ii) the Service Provider’s 's liability will be subject to the limitations set forth belowin this Agreement.

Appears in 1 contract

Samples: Services Agreement (Weitz Funds)

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 6(A))and subject to clause 6.2.1 below, (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful defaultmisconduct, fraud or negligence of the Service Provider or any Administrative Support Provider, Service Provider Agent as a result of the performance or non-performance by the Service Provider or any Service Provider Agent of its obligations and (ii) the duties hereunder. The Service Provider’s liability will be subject to the limitations set forth belowin this Agreement.

Appears in 1 contract

Samples: Services Agreement (HSBC Funds)

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section clause 6(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful default, intentional misconduct, fraud or negligence of the Service Provider or any Administrative Support Provider, Provider as a result of the performance or non-performance by the Service Provider of its obligations and duties hereunder and (ii) the Service Provider’s liability will be subject to the limitations set forth belowin this Agreement.

Appears in 1 contract

Samples: Services Agreement (Horizons ETF Trust)

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 6(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful default, fraud or gross negligence of the Service Provider or any Administrative Support Provider, and (ii) the Service Provider’s liability will be subject to the limitations set forth below.. Schedule 1 to Services Agreement

Appears in 1 contract

Samples: Services Agreement (Blackstone Alternative Alpha Fund)

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 6(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the willful default, fraud or gross negligence of the Service Provider or any Administrative Support Provider, and (ii) the Service Provider’s 's liability will be subject to the limitations set forth below.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (KP Funds)

Responsibility for Losses. Notwithstanding any other provision of this Agreement to the contrary (including Section 6(A)), (i) the Service Provider will not be liable to the Client for any damages or losses save for those resulting from the bad faith, willful defaultmisfeasance, fraud negligence or negligence reckless disregard of the Service Provider or any Administrative Support Provider, and (ii) the Service Provider’s liability will be subject to the limitations set forth below.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (Mirae Asset Discovery Funds)

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