Standard of Care and Limitation of Liability. The Bank shall have no responsibility and shall not be liable for any Losses, except that the Bank shall be liable to the Trust for direct money damages caused by its own negligence or willful misconduct or that of its employees, or its breach of any of its representations. In no event shall the Bank be liable for special, indirect or consequential damages, regardless of the form of action and even if the same were foreseeable. For purposes of this Agreement, none of the following shall be or be deemed negligence or willful misconduct:
Appears in 10 contracts
Samples: Transfer Agency and Service Agreement (AdvisorShares Trust), Transfer Agency and Service Agreement (ETFis Series Trust I), York Mellon Transfer Agency and Service Agreement (EGA Emerging Global Shares Trust)
Standard of Care and Limitation of Liability. The Bank shall have no responsibility and shall not be liable for any Losses, except that the Bank shall be liable to the Trust for direct money damages caused by its own negligence or willful misconduct or that of its employeesemployees or agents, or its breach of any of its representations. In no event shall the Bank be liable for special, indirect or consequential damages, regardless of the form of action and even if the same were foreseeable. For purposes of this Agreement, none of the following shall be or be deemed negligence or willful misconduct:
Appears in 3 contracts
Samples: Transfer Agency and Service Agreement (BNP Paribas L/S Commodities Trust), Transfer Agency and Service Agreement (Jefferies Commodity Real Return ETF), Transfer Agency and Service Agreement (Jefferies S&P 500 VIX Short-Term Futures ETF)
Standard of Care and Limitation of Liability. The Bank shall have no responsibility and shall not be liable for any Losses, except that the Bank shall be liable to the Trust for direct money damages caused by its own negligence negligence, bad faith or willful misconduct or that of its employees, or its breach of any of its representations. In no event shall the Bank any party be liable for special, indirect or consequential damages, regardless of the form of action and even if the same were foreseeable. For purposes of this Agreement, none of the following shall be or be deemed negligence or willful misconduct:
Appears in 2 contracts
Samples: Agency and Service Agreement (Bear Stearns Active Etf Trust), Agency and Service Agreement (Yyy Trust)
Standard of Care and Limitation of Liability. The Bank shall have no responsibility and shall not be liable for any Losses, except that the Bank shall be liable to the Trust for direct money damages caused by its own negligence or negligence, willful misconduct or fraud or that of its employees, or its breach of any of its representations. In no event shall the Bank be liable for special, special indirect or consequential damages, regardless of the form of action and even if the same were foreseeable. For purposes of this Agreement, none of the following shall be or be deemed negligence or willful misconduct:
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (IndexIQ ETF Trust), Transfer Agency and Service Agreement (IndexIQ Active ETF Trust)
Standard of Care and Limitation of Liability. The Bank shall have no responsibility and shall not be liable for any Losses, except that the Bank shall be liable to the Trust for direct money damages caused by its own negligence or willful misconduct or that of its employees, or its breach of any of its representations. In no event shall the Bank be liable for special, indirect or consequential damages, regardless of the form of action and even if the same were foreseeable. For purposes of this Agreement, none of the following shall be or be deemed negligence or willful misconduct:were
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (SPA ETF Trust)
Standard of Care and Limitation of Liability. 7.1 The Bank shall have no responsibility and shall not be liable for any Losses, except that the Bank shall be liable to the Trust for direct money damages loss or damage unless such loss or damage is caused by its own negligence or willful misconduct or that of its employees, or its breach of any of its representations. In no event shall the Bank or the Trust be liable for special, indirect or consequential damages, damages regardless of the form of action and even if the same were foreseeable. For purposes of this Agreement, none of the following shall be or be deemed negligence or willful misconduct:.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Market Vectors Commodity Trust)
Standard of Care and Limitation of Liability. The Bank shall have no responsibility and shall not be liable for any Losses, except that the Bank shall be liable to the Trust for direct money damages caused by its own negligence negligence, bad faith or willful misconduct or that of its employees, or its breach of any of its representations. In no event shall the Bank be liable for special, indirect or consequential damages, regardless of the form of action and even if the same were foreseeable. For purposes of this Agreement, none of the following shall be or be deemed negligence or willful misconduct:
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Virtus ETF Trust II)
Standard of Care and Limitation of Liability. The Bank shall have no responsibility and shall not be liable for any Losses, except that the Bank shall be liable to the Trust Fund for direct money damages caused by its own negligence or willful misconduct or that of its employeesemployees or agents, or its breach of any of its representations. In no event shall the Bank be liable for special, indirect or consequential damages, regardless of the form of action and even if the same were foreseeable. For purposes of this Agreement, none of the following shall be or be deemed negligence or willful misconduct:
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (STREAM S&P Dynamic Roll Global Commodities Fund)
Standard of Care and Limitation of Liability. 6.1 The Bank shall have no responsibility and shall not be liable for any Losses, except that the Bank shall be liable to the Trust for direct money damages caused by its own negligence or willful misconduct or that of its employees, or its breach of any of its representations. In no event shall the Bank be liable for special, indirect or consequential damages, regardless of the form of action and even if the same were foreseeable. For purposes of this Agreement, none of the following shall be or be deemed gross negligence or willful misconduct:
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Old Mutual Global Shares Trust)
Standard of Care and Limitation of Liability. The Bank shall have no responsibility and shall not be he liable for any Losses, except that the Bank shall be he liable to the Trust for direct money damages caused by its own negligence or willful misconduct or that of its employees, or its breach of any of its representations. In no event shall the Bank be liable for special, indirect or consequential damages, regardless of the form of action and even if the same were foreseeable. For purposes of this Agreement, none of the following shall be or be deemed negligence or willful misconduct:
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (U.S. One Trust)
Standard of Care and Limitation of Liability. The Bank shall have no responsibility and shall not be liable for any Losses, except that the Bank shall be liable to the Trust for direct money damages caused by its own negligence negligence, bad faith or willful misconduct or that of its employeesemployees or agents, or its breach of any of its representations. In no event shall the Bank be liable for special, indirect or consequential damages, damages regardless of the form of action and even if the same were foreseeable. For purposes of this Agreement, none of the following shall be or be deemed negligence or willful misconduct:
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (DBX ETF Trust)
Standard of Care and Limitation of Liability. The Bank shall have no responsibility and shall not be liable for any Losses, except that the Bank shall be liable to the Trust for direct money damages caused by its own negligence or negligence, willful misconduct or fraud or that of its employees, or its breach of any of its representations. In no event shall the Bank be liable for special, indirect or consequential special damages, regardless of the form of action and even if the same were foreseeable. For purposes of this Agreement, none of the following shall be or be deemed negligence or willful misconduct:
Appears in 1 contract
Samples: Form of Transfer Agency and Service Agreement (IndexIQ Active ETF Trust)
