Services; Standard of Care. For the duration of this Agreement, Adviser agrees to use its reasonable best efforts, subject to applicable legal and contractual restrictions and in compliance with the procedures described in the then-current prospectus(es) and Statement(s) of Additional Information of the Funds (collectively, “Prospectuses”), to provide one or more of the Services. Except as otherwise provided herein, Adviser shall not be liable for any costs, expenses, damages, liabilities or claims (including reasonable attorneys’ fees and accountants’ fees) incurred by a Fund, except those costs, expenses, damages, liabilities or claims arising out of Adviser’s or Adviser’s affiliates own fraud, gross negligence or willful misconduct, or by reason of the reckless disregard by Adviser or Adviser’s affiliates of the Adviser’s obligations and duties hereunder. Under no circumstances shall either party hereto be liable to the other for special, punitive or consequential damages arising under or in connection with this Agreement, even if the party is previously informed of the possibility of such damages.
Services; Standard of Care. 8 Section 3.01 Services for the Notes 8 Section 3.02 Maintenance of Files and Records 11 Section 3.03 Monthly Reports to the Company 12
Services; Standard of Care. 5 Section 3.01. Services .................................................... 5 Section 3.02. Reports to the Company ...................................... 5
Services; Standard of Care. 7 Section 3.01 Services 7 Section 3.02 Reports to the Company 7
Services; Standard of Care. 8 Section 3.01
Services; Standard of Care. For the duration of this Agreement, EDJones agrees to use its reasonable best efforts, subject to applicable legal and contractual restrictions and in compliance with the procedures described in the then-current prospectuses(es) and Statement(s) of Additional Information of the Funds (collectively, “Prospectuses”), to provide one or more of the Services. Except as otherwise provided herein, EDJones shall not be liable for any costs, expenses, damages, liabilities or claims (including reasonable attorneys’ fees and accountants’ fees) incurred by a Fund, except those costs, expenses, damages, liabilities or claims arising out of EDJones’ or EDJones’ affiliates own fraud, gross negligence or willful misconduct, or by reason of the reckless disregard by EDJones or EDJones’ affiliates obligations and duties hereunder. Under no circumstances shall either party hereto be liable to the other for special, punitive or consequential damages arising under or in connection with this Agreement, even if the party is previously informed of the possibility of such damages.
Services; Standard of Care. 8 -------------------------------------- Section 3.01 Services for the Notes.........................................................8 Section 3.02 Maintenance of Files and Records..............................................11 Section 3.03 Monthly Reports to the Company................................................12
Services; Standard of Care. The Architect/Engineer shall exercise a high degree of care and diligence in providing the professional services under this Contract. The services shall be performed as expeditiously as is consistent with such high standards, and shall be provided in accordance with all applicable professional guidelines and codes. Notwithstanding any approval of or concurrence by Owner regarding documents or services provided by Architect/Engineer hereunder, the Architect/Engineer shall be solely responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications and other services furnished pursuant to this Contract. The Architect/Engineer shall be liable to the Owner for damages caused by Architect/Engineer's failure to provide professional services to the degree required.
Services; Standard of Care. For the duration of this Agreement, Manager agrees to use its reasonable best efforts, subject to applicable legal and contractual restrictions and in compliance with the procedures described in the Trust’s Compliance Policies and Procedures and the then-current prospectuses(es) and Statement(s) of Additional Information of the Funds (collectively, “Prospectuses”), to provide one or more of the Services to the Funds and Classes listed in Schedule A. Except as otherwise provided herein, Manager shall not be liable for any costs, expenses, damages, liabilities or claims (including reasonable attorneys’ fees and accountants’ fees) incurred by a Fund, except those costs, expenses, damages, liabilities or claims arising out of Manager’s or Manager’s affiliates own fraud, gross negligence or willful misconduct, or by reason of the reckless disregard by Manager or Manager’s affiliates of the Manager’s obligations and duties hereunder. Under no circumstances shall either party hereto be liable to the other for special, punitive or consequential damages arising under or in connection with this Agreement, even if the party is previously informed of the possibility of such damages.
Services; Standard of Care. Section 3.01. Services for the Notes. The services to be provided to the Company by the Agent pursuant to and during the term of this Agreement shall include the following:
