Common use of Limitations on Liability Clause in Contracts

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed on behalf of the Fund by the Trust’s officers in their capacity as officers and not individually and are not binding upon any of the Trustees, officers, or shareholders of the Fund individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 23 contracts

Samples: Investment Sub Advisory Agreement (Destra Investment Trust), Investment Sub Advisory Agreement (Destra Investment Trust), Investment Sub Advisory Agreement (Destra Investment Trust)

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Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and 's Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee Trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed by the Trust on behalf of the Fund by the Trust’s 's officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, officers or shareholders of the Fund Trust individually but the obligations imposed upon the Trust or Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Trust or Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 20 contracts

Samples: Investment Sub Advisory Agreement (First Trust Exchange-Traded Fund III), Investment Sub Advisory Agreement (First Trust Exchange-Traded Fund Iv), Investment Sub Advisory Agreement (First Trust Exchange-Traded Fund Iv)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed by the Trust on behalf of the each Fund by the Trust’s officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, officers or shareholders of the Fund Trust individually but the obligations imposed upon the Trust or a Fund by this Agreement are binding only upon the assets and property of the respective Fund, and persons dealing with the Trust or a Fund must look solely to the assets of the such Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 12 contracts

Samples: Investment Sub Advisory Agreement (First Trust Exchange-Traded Fund Viii), Investment Sub Advisory Agreement (First Trust Variable Insurance Trust), Investment Sub Advisory Agreement (First Trust Exchange-Traded Fund Iv)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and Fund's Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee Trustee liability contained therein and therein, a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed on behalf of the Fund by the Trust’s Fund's officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, officers or shareholders of the Fund individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 8 contracts

Samples: Sub Advisory Agreement (First Trust Mortgage Income Fund), Sub Advisory Agreement (First Trust Mortgage Income Fund), Investment Management Agreement (First Trust Strategic High Income Fund Ii)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee Trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed by the Trust on behalf of the Fund by the Trust’s officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, officers or shareholders of the Fund Trust individually but the obligations imposed upon the Trust or Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Trust or Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 7 contracts

Samples: Investment Sub Advisory Agreement (First Trust Exchange-Traded Fund Iv), Investment Sub Advisory Agreement (Amplify ETF Trust), Interim Investment Sub Advisory Agreement (First Trust Exchange-Traded Fund III)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Fund's Agreement and Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed on behalf of the Fund by the Trust’s Fund's officers in their capacity as officers and not individually and are not binding upon any of the Trustees, officers, or shareholders of the Fund individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 6 contracts

Samples: Investment Sub Advisory Agreement (First Trust Strategic High Income Fund Ii), Sub Advisory Agreement (First Trust Strategic High Income Fund Iii), Investment Sub Advisory Agreement Agreement (First Trust Strategic High Income Fund)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and 's Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed by the Trust on behalf of the Fund by the Trust’s 's officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, officers or shareholders of the Fund Trust individually but the obligations imposed upon the Trust or Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Trust or Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 6 contracts

Samples: Sub Advisory Agreement (First Trust Series Fund), Sub Advisory Agreement (First Trust Series Fund), Investment Sub Advisory Agreement (First Trust Exchange-Traded Fund Iv)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and 's Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee Trustee liability contained therein and a copy of which has been provided to the Sub-Sub-Adviser prior to the date hereof. This Agreement is executed by the Trust on behalf of the Fund by the Trust’s 's officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, officers or shareholders of the Fund Trust individually but the obligations imposed upon the Trust or Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Trust or Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 6 contracts

Samples: Investment Sub Sub Advisory Agreement (First Trust Exchange-Traded Fund Iv), Investment Sub Sub Advisory Agreement (First Trust Exchange-Traded Fund Iv), Investment Sub Sub Advisory Agreement (First Trust Exchange-Traded Fund Iv)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed by the Trust on behalf of the Fund by the Trust’s officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, officers or shareholders of the Fund Trust individually but the obligations imposed upon the Trust or Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Trust or Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 4 contracts

Samples: Investment Sub Advisory Agreement (First Trust Exchange-Traded Fund Viii), Investment Sub Advisory Agreement (First Trust Exchange-Traded Fund Viii), Investment Sub Advisory Agreement (First Trust Exchange-Traded Fund Viii)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and Fund's Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee Trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed on behalf of the Fund by the Trust’s Fund's officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, officers or shareholders of the Fund individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 3 contracts

Samples: Sub Advisory Agreement (First Trust Specialty Finance & Financial Opportunities Fund), Sub Advisory Agreement (First Trust Specialty Finance & Financial Opportunities Fund), Interim Investment Sub Advisory Agreement (First Trust Specialty Finance & Financial Opportunities Fund)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and Fund's Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed on behalf of the Fund by the Trust’s Fund's officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, officers or shareholders of the Fund individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 3 contracts

Samples: Sub Advisory Agreement (First Trust Dynamic Europe Equity Income Fund), Sub Advisory Agreement (First Trust Intermediate Duration Preferred & Income Fund), Sub Advisory Agreement (First Trust Enhanced Equity Income Fund)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and Fund's Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed on behalf of the Fund by an officer of the Trust’s officers Fund in their his capacity as officers an officer and not individually and are is not binding upon any of the Trustees, officers, or shareholders of the Fund individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 3 contracts

Samples: Sub Advisory Agreement (First Trust Active Dividend Income Fund), Interim Investment Sub Advisory Agreement (First Trust Active Dividend Income Fund), Sub Advisory Agreement (First Trust Active Dividend Income Fund)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and 's Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee Trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed by the Trust on behalf of the each Fund by the Trust’s 's officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, officers or shareholders of the Fund Trust individually but the obligations imposed upon the Trust or a Fund by this Agreement are binding only upon the assets and property of the respective Fund, and persons dealing with the Trust or a Fund must look solely to the assets of the such Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (First Trust Exchange-Traded Fund III), Investment Sub Advisory Agreement (First Trust Exchange Traded Fund III)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Fund's Agreement and Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed on behalf of the Fund by the Trust’s Fund's officers in their capacity as officers and not individually and are not binding upon any of the Trustees, officers, or shareholders of the Fund individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims. 12.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement Agreement (First Trust Strategic High Income Fund Ii), Investment Sub Advisory Agreement Agreement (First Trust Strategic High Income Fund Iii)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee Trustee liability contained therein and a copy of which has been provided to the Sub-Adviser Sub‑Adviser prior to the date hereof. This Agreement is executed by the Trust on behalf of the Fund by the Trust’s officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, officers or shareholders of the Fund Trust individually but the obligations imposed upon the Trust or Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Trust or Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 2 contracts

Samples: Investment Sub‑advisory Agreement (Amplify ETF Trust), Investment Sub‑advisory Agreement (Amplify ETF Trust)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and Fund's Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed on behalf of the Fund by the Trust’s Fund's officers in their capacity as officers and not individually and are not binding upon any of the Trustees, officers, or shareholders of the Fund individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 2 contracts

Samples: Interim Investment Sub Advisory Agreement (Energy Income & Growth Fund), Interim Investment Sub Advisory Agreement (First Trust Enhanced Equity Income Fund)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and 's Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee Trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed by the Trust on behalf of the Fund by the Trust’s 's officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, officers or shareholders of the Fund Trust individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (First Trust Series Fund), Investment Sub Advisory Agreement (First Trust Series Fund)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and Fund's Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed on behalf of the Fund by the Trust’s Fund's officers in their capacity as officers and not individually and are not binding upon any of the Trustees, officers, or shareholders of the Fund individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims. 12.

Appears in 1 contract

Samples: Sub Advisory Agreement (First Trust Tax-Advantaged Preferred Income Fund)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Fund's Agreement and Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed on behalf of the Fund by the Trust’s Fund's officers in their capacity as officers and not individually and are not binding upon any of the Trustees, officers, or shareholders of the Fund individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims. 13.

Appears in 1 contract

Samples: Sub Advisory Agreement (First Trust/Gallatin Specialty Finance & Financial Opportunities Fund)

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Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and 's Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and therein, a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed by the Trust on behalf of the Fund Funds by the Trust’s 's officers in their capacity as officers and not individually and are is not binding upon any of the TrusteesTrust's trustees, officers, officers or shareholders of the Fund individually but the obligations imposed upon the Trust or a Fund by this Agreement are binding only upon the assets and property of the such Fund, and persons dealing with the Trust or a Fund must look solely to the assets of the that Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 1 contract

Samples: Sub Advisory Agreement (Innovator ETFs Trust II)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Fund's Agreement and Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed on behalf of the Fund by an officer of the Trust’s officers Fund in their his capacity as officers an officer and not individually and are is not binding upon any of the Trustees, officers, or shareholders of the Fund individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 1 contract

Samples: Interim Investment Sub Advisory Agreement (First Trust Active Dividend Income Fund)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed on behalf of the Fund by the Trust’s officers in their capacity as officers and not individually and are not binding upon any of the Trustees, officers, or shareholders of the Fund individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.. EXECUTION VERSION

Appears in 1 contract

Samples: Sub Advisory Agreement (Destra Investment Trust)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and Fund's Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee Trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed on behalf of the Fund by the Trust’s Fund's officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, officers or shareholders of the Fund individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims. 12.

Appears in 1 contract

Samples: Interim Investment Sub Advisory Agreement Agreement (First Trust Specialty Finance & Financial Opportunities Fund)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and Fund's Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee Trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed on behalf of the Fund by the Trust’s Fund's officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, or shareholders of the Fund individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims. 12.

Appears in 1 contract

Samples: Interim Investment Sub Advisory Agreement Agreement (First Trust Specialty Finance & Financial Opportunities Fund)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and therein, a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed by the Trust on behalf of the Fund Funds by the Trust’s officers in their capacity as officers and not individually and are is not binding upon any of the TrusteesTrust’s trustees, officers, officers or shareholders of the Fund individually but the obligations imposed upon the Trust or a Fund by this Agreement are binding only upon the assets and property of the such Fund, and persons dealing with the Trust or a Fund must look solely to the assets of the that Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Innovator ETFs Trust II)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and Fund's Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee Trustee liability contained therein and therein, a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed on behalf of the Fund by the Trust’s Fund's officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, or shareholders of the Fund individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 1 contract

Samples: Interim Investment Sub Advisory Agreement (First Trust Mortgage Income Fund)

Limitations on Liability. All parties hereto are expressly put on notice of the TrustFund’s Agreement and Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed on behalf of the Fund by the Trust’s officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, officers or shareholders of the Fund individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 1 contract

Samples: Interim Investment Sub‑advisory Agreement (Destra Investment Trust)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Fund's Agreement and Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed on behalf of the Fund by the Trust’s Fund's officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, or shareholders of the Fund individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 1 contract

Samples: Interim Investment Sub Advisory Agreement (First Trust/Gallatin Specialty Finance & Financial Opportunities Fund)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and Fund's Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and a copy of which has been provided to the Sub-Sub-Adviser prior to the date hereof. This Agreement is executed on behalf of the Fund by the Trust’s Fund's officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, officers or shareholders of the Fund individually but the obligations imposed upon the Fund by this Agreement are binding only upon the assets and property of the Fund, and persons dealing with the Fund must look solely to the assets of the Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 1 contract

Samples: Investment Sub Sub Advisory Agreement (First Trust Dynamic Europe Equity Income Fund)

Limitations on Liability. All parties hereto are expressly put on notice of the Trust’s Agreement and 's Declaration of Trust and all amendments thereto, a copy of which is on file with the Secretary of the Commonwealth of Massachusetts, and the limitation of shareholder and trustee liability contained therein and a copy of which has been provided to the Sub-Adviser prior to the date hereof. This Agreement is executed by the Trust on behalf of the each Fund by the Trust’s 's officers in their capacity as officers and not individually and are is not binding upon any of the Trustees, officers, officers or shareholders of the Fund Trust individually but the obligations imposed upon the Trust or a Fund by this Agreement are binding only upon the assets and property of the respective Fund, and persons dealing with the Trust or a Fund must look solely to the assets of the such Fund and those assets belonging to the subject Fund, for the enforcement of any claims.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (First Trust Exchange-Traded Fund Viii)

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