Common use of Trustees, Shareholders, etc. Not Personally Liable; Notice Clause in Contracts

Trustees, Shareholders, etc. Not Personally Liable; Notice. The Trustees, officers, employees and agents of the Trust, in incurring any debts, liabilities or obligations, or in limiting or omitting any other actions for or in connection with the Trust, are or shall be deemed to be acting as Trustees, officers, employees or agents of the Trust and not in their own capacities. No Shareholder shall be subject to any personal liability whatsoever in tort, contract or otherwise to any other Person or Persons in connection with the assets or the affairs of the Trust or of any Series, and subject to Section 4 of this Article VII, no Trustee, officer, employee or agent of the Trust shall be subject to any personal liability whatsoever in tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust or of any Series, save only that arising from his or her own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his or her office or the discharge of his or her functions. The Trust (or if the matter relates only to a particular Series, that Series) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Series in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such Series, and all Persons dealing with the Trust or any Series shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust (or if the matter relates only to a particular Series, that of such Series), for the payment or performance thereof. The Trustees may provide that every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that a Certificate of Trust in respect of the Trust is on file with the Secretary of State of the State of Delaware and may recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officer, and not individually, and that the obligations of any instrument made or issued by the Trustees or by any officer of officers of the Trust are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Series in question, as the case may be. The omission of any statement to such effect from such instrument shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder individually, or to subject the assets of any Series to the obligations of any other Series.

Trustees, Shareholders, etc. Not Personally Liable; Notice. The Trustees, officers, employees and agents of the Trust, in incurring any debts, liabilities or obligations, or in limiting or omitting any other actions for or in connection with the Trust, are or shall be deemed to be acting as Trustees, officers, employees or agents of the Trust and not in their own capacities. No Shareholder shall be subject to any personal liability whatsoever in tort, contract or otherwise to any other Person or Persons in connection with the assets or the affairs of the Trust or of any Series, and subject to Section 4 of this Article VII8.4 hereof, no Trustee, officer, employee or agent of the Trust shall be subject to any personal liability whatsoever in tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust or of any Series, save only that arising from his or her own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his or her office or the discharge of his or her functions. The Trust (or if the matter relates only to a particular Series, that Series) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Series in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such Series, and all Persons dealing with the Trust or any Series shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust (or if the matter relates only to a particular Series, that Series Assets of such Series), as the case may be, for the payment or performance thereof. The Trustees may provide shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that a Certificate of Trust in respect Trust, referring to the Declaration of the Trust Trust, is on file with the Secretary of State of the State state of Delaware and may shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officer, and not individually, and that the obligations of any such instrument made or issued by the Trustees or by any officer of officers of the Trust are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Series in question, as the case may be. The , but the omission of any statement to such effect from such instrument thereof shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder individually, or to subject the assets Series Assets of any Series to the obligations of any other Series.

Trustees, Shareholders, etc. Not Personally Liable; Notice. The Trustees, officers, employees Trustees and agents officers of the Trust, in incurring any debts, liabilities or obligations, or in limiting or omitting any other actions for or in connection with the Trust, are or shall be deemed to be acting as Trustees, officers, employees Trustees or agents officers of the Trust and not in their own capacities. No Shareholder shall be subject to any personal liability whatsoever in tort, contract or otherwise to any other Person or Persons in connection with the assets or the affairs of the Trust or of any SeriesPortfolio, and subject to Section 4 of this Article VII8.4. hereof, no Trustee, officer, employee or agent of the Trust shall be subject to any personal liability whatsoever in tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust or of any SeriesPortfolio, save only that arising from his or her own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his or her office or the discharge of his or her functions. The Trust (or if the matter relates only to a particular SeriesPortfolio, that SeriesPortfolio) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Series Portfolio in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such SeriesPortfolio, and all Persons dealing with the Trust or any Series Portfolio shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust (or if the matter relates only to a particular Series, that Portfolio Assets of such Series)Portfolio, as the case may be, for the payment or performance thereof. The Trustees may provide shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that a Certificate this Declaration of Trust in respect of the Trust is on file with the Secretary of State The Commonwealth of the State of Delaware Massachusetts and may shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officer, and not individually, and that the obligations of any such instrument made or issued by the Trustees or by any officer of officers of the Trust are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Series Portfolio in question, as the case may be. The , but the omission of any statement to such effect from such instrument thereof shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder individually, or to subject the assets Portfolio Assets of any Series Portfolio to the obligations of any other SeriesPortfolio.

Trustees, Shareholders, etc. Not Personally Liable; Notice. The Trustees, officers, employees and agents of the Trust, in incurring any debts, liabilities or obligations, or in limiting or omitting any other actions for or in connection with the Trust, are or shall be deemed to be acting as Trustees, officers, employees or agents of the Trust and not in their own capacities. No Shareholder shall be subject to any personal liability whatsoever in tort, contract or otherwise to any other Person or Persons in connection with the assets or the affairs of the Trust or of any Series, and subject to Section 4 of this Article VII, no Trustee, officer, employee or agent of the Trust shall be subject to any personal liability whatsoever in tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust or of any Series, save only that arising from his or her own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his or her office or the discharge of his or her functions. The Trust (or if the matter relates only to a particular Series, that Series) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Series in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such Series, and all Persons dealing with the Trust or any Series shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust (or if the matter relates only to a particular Series, that of such Series), for the payment or performance thereof. The Trustees may provide that every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that a Certificate of Trust in respect of the Trust is on file with the Secretary of State of the State of Delaware and may recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officer, and not individually, and that the obligations of any instrument made or issued by the Trustees or by any officer of officers of the Trust are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Series in question, as the case may be. The omission of any statement to such effect from such instrument shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder individually, or to subject the assets of any Series to the obligations of any other Series.

Trustees, Shareholders, etc. Not Personally Liable; Notice. The Trustees, officers, employees Trustees and agents officers of the Trust, in incurring any debts, liabilities or obligations, or in limiting taking or omitting any other actions for or in connection with the Trust, are or shall be deemed to be acting as Trustees, officers, employees Trustees or agents officers of the Trust and not in their own capacities. No Shareholder shall be subject to any personal liability whatsoever in tort, contract or otherwise to any other Person or Persons in connection with the assets or the affairs of the Trust or of any SeriesFund, and subject to Section 4 of this Article VII8.4. hereof, no Trustee, officer, employee or agent of the Trust shall be subject to any personal liability whatsoever in tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust or of any SeriesFund, save only that arising from his or her own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his or her office or the discharge of his or her functions. The Trust (or if the matter relates only to a particular SeriesFund, that SeriesFund) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Series Fund in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such SeriesFund, and all Persons dealing with the Trust or any Series Fund shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust (or if the matter relates only to a particular Series, that Fund Assets of such Series)Fund, as the case may be, for the payment or performance thereof. The Trustees may provide shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that a Certificate of Trust in respect of the Trust this Declaration is on file with the Secretary of State The Commonwealth of the State of Delaware Massachusetts and may shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officer, and not individually, and that the obligations of any such instrument made or issued by the Trustees or by any officer of officers of the Trust are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Series Fund in question, as the case may be. The , but the omission of any statement to such effect from such instrument thereof shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder individually, or to subject the assets Fund Assets of any Series Fund to the obligations of any other SeriesFund.

Trustees, Shareholders, etc. Not Personally Liable; Notice. The Trustees, officers, employees and agents of the Trust, in incurring any debts, liabilities or obligations, or in limiting or omitting any other actions for or in connection with the Trust, are or shall be deemed to be acting as Trustees, officers, employees or agents of the Trust and not in their own capacities. No Shareholder shall be subject to any personal liability whatsoever in tort, contract or otherwise to any other Person or Persons in connection with the assets or the affairs of the Trust or of any Series, and subject to Section 4 of this Article VII, no Trustee, officer, employee or agent of the Trust shall be subject to any personal liability whatsoever in tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust or of any Series, save only that arising from his or her own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his or her office or the discharge of his or her functions. The Trust (or if the matter relates only to a particular Series, that Series) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Series in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such Series, and all Persons dealing with the Trust or any Series shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust (or if the matter relates only to a particular Series, that of such Series), for the payment or performance thereof. The Trustees may provide that every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officer or officers or officer shall give notice that a Certificate of Trust in respect of the Trust is on file with the Secretary of State of the State of Delaware and may recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee as officer or as officers or officerofficers, and not individually, and that the obligations of any instrument made or issued by the Trustees or by any officer of or officers of the Trust are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Series in question, as the case may be. The omission of any statement to such effect from such instrument shall not operate to bind any Trustee or Trustees or Trustee officer or officers or officer Shareholder or Shareholders or Shareholder individually, or to subject the assets of any Series to the obligations of any other Series.

Trustees, Shareholders, etc. Not Personally Liable; Notice. The Trustees, officers, employees Trustees and agents officers of the Trust, in incurring any debts, liabilities or obligations, or in limiting or omitting any other actions for or in connection with the Trust, are or shall be deemed to be acting as Trustees, officers, employees Trustees or agents officers of the Trust and not in their own capacities. No Shareholder shall be subject to any personal liability whatsoever in tort, contract or otherwise to any other Person or Persons in connection with the assets or the affairs of the Trust or of any Series, Fund; and subject to Section 4 of this Article VII8.4 hereof, no Trustee, officer, employee or agent of the Trust shall be subject to any personal liability whatsoever in tort, contract, contract or otherwise, otherwise to any other Person or Persons in connection with the assets or affairs of the Trust or of any SeriesFund, save unless only that arising from his or her own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his or her office or the discharge of his or her functions. The Trust (or if the matter relates only to a particular SeriesFund, that SeriesFund) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Series Fund in tort, contract or otherwise in connection with the assets or the affairs of the Trust or of such SeriesFund, and all Persons dealing with the Trust or any Series Fund shall be deemed to have agreed that resort shall be had solely to the Trust Property of or the Trust (or if the matter relates only to a particular Series, that Fund Assets of such Series)Fund, as the case may be, for the payment or performance thereof. The Trustees may provide shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that a Certificate this Declaration of Trust in respect of the Trust is on file with the Secretary of State The Commonwealth of the State of Delaware Massachusetts and may shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officerofficers, and not individually, and that the obligations of any such instrument made or issued by the Trustees or by any officer of officers of the Trust are not binding upon any of them or the Shareholders individually individually, but are binding only upon the assets and property of the TrustTrust Property, or the Fund Assets of the particular Series Fund in question, as the case may be. The , but the omission of any statement to such effect from such instrument thereof shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder individually, or to subject the assets Fund Assets of any Series Fund to the obligations of any other SeriesFund.

Trustees, Shareholders, etc. Not Personally Liable; Notice. The Trustees, officers, employees Trustees and agents officers of the Trust, in incurring any debts, liabilities or obligations, or in limiting taking or omitting any other actions for or in connection with the Trust, are or shall be deemed to be acting as Trustees, officers, employees Trustees or agents officers of the Trust and not in their own capacities. No Shareholder shall be subject to any personal liability whatsoever in tort, contract or otherwise to any other Person or Persons in connection with the assets or the affairs of the Trust or of any SeriesPortfolio, and subject to Section 4 of this Article VII8.4. hereof, no Trustee, officer, employee or agent of the Trust shall be subject to any personal liability whatsoever in tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust or of any SeriesPortfolio, save only that arising from his or her own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his or her office or the discharge of his or her functions. The Trust (or if the matter relates only to a particular SeriesPortfolio, that SeriesPortfolio) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Series Portfolio in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such SeriesPortfolio, and all Persons dealing with the Trust or any Series Portfolio shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust (or if the matter relates only to a particular Series, that Portfolio Assets of such Series)Portfolio, as the case may be, for the payment or performance thereof. The Trustees may provide shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that a Certificate this Declaration of Trust in respect of the Trust is on file with the Secretary of State The Commonwealth of the State of Delaware Massachusetts and may shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officer, and not individually, and that the obligations of any such instrument made or issued by the Trustees or by any officer of officers of the Trust are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Series Portfolio in question, as the case may be. The , but the omission of any statement to such effect from such instrument thereof shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder individually, or to subject the assets Portfolio Assets of any Series Portfolio to the obligations of any other SeriesPortfolio.

Trustees, Shareholders, etc. Not Personally Liable; Notice. The Trustees, officers, employees Trustees and agents officers of the Trust, in incurring any debts, liabilities or obligations, or in limiting taking or omitting any other actions for or in connection with the Trust, are or shall be deemed to be acting as Trustees, officers, employees Trustees or agents officers of the Trust and not in their own capacities. No Shareholder shall be subject to any personal liability whatsoever in tort, contract or otherwise to any other Person or Persons in connection with the assets or the affairs of the Trust or of any SeriesPortfolio, and subject to Section 4 of this Article VII8.4 hereof, no Trustee, officer, employee or agent of the Trust shall be subject to any personal liability whatsoever in tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust or of any SeriesPortfolio, save only that arising from his or her own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his or her office or the discharge of his or her functions. The Trust (or if the matter relates only to a particular SeriesPortfolio, that SeriesPortfolio) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Series Portfolio in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such SeriesPortfolio, and all Persons dealing with the Trust or any Series Portfolio shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust (or if the matter relates only to a particular Series, that Portfolio Assets of such Series)Portfolio, as the case may be, for the payment or performance thereof. The Trustees may provide shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that a Certificate this Declaration of Trust in respect of the Trust is on file with the Secretary of State The Commonwealth of the State of Delaware Massachusetts and may shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officer, and not individually, and that the obligations of any such instrument made or issued by the Trustees or by any officer of officers of the Trust are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Series Portfolio in question, as the case may be. The , but the omission of any statement to such effect from such instrument thereof shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder individually, or to subject the assets Portfolio Assets of any Series Portfolio to the obligations of any other SeriesPortfolio.

Trustees, Shareholders, etc. Not Personally Liable; Notice. The Trustees, officers, employees Trustees and agents officers of the Trust, in incurring any debts, liabilities or obligationsobligations while in office, or in limiting or omitting any other actions for or in connection with the TrustTrust while in office, are or shall be deemed to be acting as Trustees, officers, employees Trustees or agents officers of the Trust and not in their own capacities. No Shareholder shall be subject to any personal liability whatsoever in tort, contract or otherwise to any other Person or Persons in connection with the assets or the affairs of the Trust or of any Series, Fund; and subject to Section 4 of this Article VII8.4 hereof, no Trustee, officer, employee or agent of the Trust shall be subject to any personal liability whatsoever in tort, contract, contract or otherwise, NY 73323877v11 otherwise to any other Person or Persons in connection with the assets or affairs of the Trust or of any SeriesFund, save unless only that arising from his or her own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his or her office or the discharge of his or her functions. The Trust (or if the matter relates only to a particular SeriesFund, that SeriesFund) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Series Fund in tort, contract or otherwise in connection with the assets or the affairs of the Trust or of such SeriesFund, and all Persons dealing with the Trust or any Series Fund shall be deemed to have agreed that resort shall be had solely to the Trust Property of or the Trust (or if the matter relates only to a particular Series, that Fund Assets of such Series)Fund, as the case may be, for the payment or performance thereof. The While in office, the Trustees may provide shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that a Certificate this Declaration of Trust in respect of the Trust is on file with the Secretary of State The Commonwealth of the State of Delaware Massachusetts and may shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officerofficers, and not individually, and that the obligations of any such instrument made or issued by the Trustees or by any officer of officers of the Trust are not binding upon any of them or the Shareholders individually individually, but are binding only upon the assets and property of the TrustTrust Property, or the Fund Assets of the particular Series Fund in question, as the case may be. The , but the omission of any statement to such effect from such instrument thereof shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder individually, or to subject the assets Fund Assets of any Series Fund to the obligations of any other SeriesFund.