Rebuttable Presumption. For purposes of the determination as to whether indemnification is available under this Article IX, the court or other authority making the determination, as the case may be, shall rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person's office.
Appears in 15 contracts
Samples: Agreement and Declaration of Trust (RMR Dividend Capture Fund), Agreement and Declaration of Trust (RMR Real Estate Income Fund), Agreement and Declaration (RMR Asia Pacific Real Estate Fund)
Rebuttable Presumption. For purposes of the determination as to whether indemnification is available under this Article IX, the court or other authority making the determination, as the case may be, shall rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person's ’s office.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Overstreet Adrian Marcel), Agreement and Declaration of Trust (RMR Asia Real Estate Fund)
Rebuttable Presumption. For purposes of the determination as to whether indemnification is available under this Article IXVIII, the court or other authority making the determination, as the case may be, shall rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person's office.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (RMR Funds Series Trust)
