Common use of Standard of Care; Limitation of Liability; Indemnification Clause in Contracts

Standard of Care; Limitation of Liability; Indemnification. (a) Forum shall be under no duty to take any action except as specifically set forth herein or as may be specifically agreed to by Forum in writing. Forum shall use its best judgment and efforts in rendering the services described in this Agreement. Forum shall not be liable to the Trust or any of the Trust's shareholders for any action or inaction of Forum relating to any event whatsoever in the absence of bad faith, willful misfeasance or negligence in the performance of Forum's duties or obligations under this Agreement or by reason of Forum's reckless disregard of its duties and obligations under this Agreement.

Appears in 4 contracts

Samples: Series Trust Fund Accounting Agreement (Icm Series Trust), Series Trust Administration Agreement (Icm Series Trust), Icm Series Trust Fund Accounting Agreement (Icm Series Trust)

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Standard of Care; Limitation of Liability; Indemnification. (a) Forum shall be under no duty to take any action except as specifically set forth herein or as may be specifically agreed to by Forum in writing. Forum shall use its best judgment and efforts in rendering the services described in this Agreement. Forum shall not be liable to the Trust or any of the Trust's shareholders for any action or inaction of Forum relating to any event whatsoever in the absence of bad faith, willful misfeasance or gross negligence in the performance of Forum's duties or obligations under this Agreement or by reason of Forum's reckless disregard of its duties and obligations under this Agreement.

Appears in 3 contracts

Samples: Agreement (Stratevest Funds), Accounting Agreement (Um Investment Trust), Funds Fund Accounting Agreement (Ark Funds/Ma)

Standard of Care; Limitation of Liability; Indemnification. (a) Forum shall be under no duty to take any action except as specifically set forth herein or as may be specifically agreed to by Forum in writing. Forum shall use its best judgment and efforts in rendering the services described in this Agreement. Forum shall not be liable to the Trust a Company or any of the TrustCompany's shareholders for any action or inaction of Forum relating to any event whatsoever in the absence of bad faith, willful misfeasance or gross negligence in the performance of Forum's duties or obligations under this Agreement or by reason of Forum's reckless disregard of its duties and obligations under this Agreement.

Appears in 2 contracts

Samples: Isi Funds Administration Agreement (North American Government Bond Fund Inc), Isi Funds (Managed Municipal Fund Inc)

Standard of Care; Limitation of Liability; Indemnification. (a) Forum shall be under no duty to take any action except as specifically set forth herein or as may be specifically agreed to by Forum in writing. Forum shall use its best judgment and efforts in rendering the services described in this Agreement. Forum shall not be liable to the Trust or any of the Trust's shareholders for any action or inaction of Forum relating to any event whatsoever in the absence of bad faith, willful misfeasance or negligence in the performance or disregard of Forum's duties or obligations under this Agreement or by reason of Forum's reckless disregard of its duties and obligations under this Agreement.

Appears in 2 contracts

Samples: Wells Fargo Funds Trust, Wells Fargo Variable Trust

Standard of Care; Limitation of Liability; Indemnification. (a) Forum shall be under no duty to take any action except as specifically set forth herein or as may be specifically agreed to by Forum in writing. Forum shall use its best judgment and efforts in rendering the services described in this Agreement. Forum shall not be liable to the Trust a Company or any of the Trust's each its shareholders for any action or inaction of Forum relating to any event whatsoever in the absence of bad faith, willful misfeasance or gross negligence in the performance of Forum's duties or obligations under this Agreement or by reason of Forum's reckless disregard of its duties and obligations under this Agreement.

Appears in 2 contracts

Samples: Funds Fund Accounting Agreement (North American Government Bond Fund Inc), Fund Accounting Agreement (Isi Strategy Fund Inc)

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Standard of Care; Limitation of Liability; Indemnification. (a) Forum shall be under no duty to take any action except as specifically set forth herein or as may be specifically agreed to by Forum in writing. Forum shall use its best judgment and efforts in rendering the services described in this Agreement. Forum shall not be liable to Allfirst, the Trust or any of the Trust's shareholders for any action or inaction of Forum relating to any event whatsoever in the absence of bad faith, willful misfeasance or gross negligence in the performance of Forum's duties or obligations under this Agreement or by reason of Forum's reckless disregard of its duties and obligations under this Agreement.

Appears in 1 contract

Samples: Sub Administration Agreement (Ark Funds/Ma)

Standard of Care; Limitation of Liability; Indemnification. (a) Forum shall be under no duty to take any action except as specifically set forth herein or as may be specifically agreed to by Forum in writing. Forum shall use its best judgment and efforts in rendering the services described in this Agreement. Forum shall not be liable to the Trust Fund or any of the Trust's shareholders Fund’s stockholders for any action or inaction of Forum relating to any event whatsoever in the absence of bad faith, reckless disregard, willful misfeasance or gross negligence in the performance of Forum's ’s duties or obligations under this Agreement Agreement. Further, Forum shall not liable to the Fund or by reason any of Forum's reckless disregard of its duties and obligations under this Agreement.the Fund’s stockholders for any action taken or failure to act in good faith reliance upon:

Appears in 1 contract

Samples: Administration Agreement (Swiss Helvetia Fund, Inc.)

Standard of Care; Limitation of Liability; Indemnification. (a) Forum shall be under no duty to take any action except as specifically set forth herein or as may be specifically agreed to by Forum in writing. Forum shall use its best judgment and efforts in rendering the services described in this Agreement. Forum shall not be liable to the Administrator or the Trust or any of the Trust's shareholders for any action or inaction of Forum relating to any event whatsoever in the absence of bad faith, willful misfeasance or gross negligence in the performance of Forum's duties or obligations under this Agreement or by reason of Forum's reckless disregard of its duties and obligations under this Agreement.

Appears in 1 contract

Samples: Administration Agreement (Um Investment Trust)

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