Common use of Liability and Indemnification Clause in Contracts

Liability and Indemnification. A. Except as may otherwise be provided by the 1940 Act or any other federal securities law, in the absence of willful misconduct, bad faith or gross negligence, neither the Sub-Adviser nor any of its officers, affiliates, employees or consultants (its “Affiliates”) shall be liable for any losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) incurred or suffered by the Investment Adviser, the Fund or the Trust as a result of any error of judgment or for any action or inaction taken in good faith by the Sub-Adviser or its Affiliates with respect to each Fund.

Appears in 22 contracts

Samples: Sub Advisory Agreement (ALPS ETF Trust), Sub Advisory Agreement (ALPS ETF Trust), Sub Advisory Agreement (ALPS ETF Trust)

AutoNDA by SimpleDocs

Liability and Indemnification. A. Except as may otherwise be provided by the 1940 Act or any other federal securities law, in the absence of willful misconduct, bad faith fraud, reckless disregard or gross negligence, neither the Sub-Adviser nor any of its officers, affiliates, employees or consultants (its “Affiliates”) shall be liable for any losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) incurred or suffered by the Investment Adviser, the Fund or the Trust as a result of any error of judgment or for any action or inaction taken in good faith by the Sub-Adviser or its Affiliates with respect to each Fund.

Appears in 12 contracts

Samples: Investment Sub Advisory Agreement (Financial Investors Trust), Sub Advisory Agreement (Financial Investors Trust), Sub Advisory Agreement (Financial Investors Trust)

Liability and Indemnification. A. Except as may otherwise be provided by the 1940 Act or any other federal securities law, in the absence of willful misconduct, bad faith or gross negligence, neither the Sub-Adviser nor any of its directors, officers, affiliates, employees or consultants (its “Affiliates”) shall be liable for any losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) incurred or suffered by the Investment Adviser, the Fund Portfolio or the Trust as a result of any error of judgment or for any action or inaction taken in good faith by the Sub-Adviser or its Affiliates with respect to each FundPortfolio.

Appears in 8 contracts

Samples: Sub Advisory Agreement (ALPS Variable Investment Trust), Sub Advisory Agreement (ALPS Variable Investment Trust), Sub Advisory Agreement (ALPS Variable Investment Trust)

Liability and Indemnification. A. Except as may otherwise be provided by the 1940 Investment Company Act or any other federal securities law, in the absence of willful misconduct, bad faith or gross negligence, neither the Sub-Adviser nor any of its officers, affiliates, employees or consultants (its “Affiliates”) shall be liable for any losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) incurred or suffered by the Investment Adviser, the Fund or the Trust as a result of any error of judgment or for any action or inaction taken in good faith by the Sub-Adviser or its Affiliates with respect to each Fund.

Appears in 7 contracts

Samples: Sub Advisory Agreement (ALPS ETF Trust), Sub Advisory Agreement (ALPS ETF Trust), Sub Advisory Agreement (Financial Investors Trust)

Liability and Indemnification. A. Except as may otherwise be provided by the 1940 Act or any other federal securities law, in the absence of willful misconduct, bad faith or gross negligence, neither the Sub-Adviser nor any of its officers, affiliates, employees or consultants (its “Affiliates”) shall be liable for any losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) incurred or suffered by the Investment Adviser, the a Fund or the Trust as a result of any error of judgment or for any action or inaction taken in good faith by the Sub-Adviser or its Affiliates with respect to each Fund.

Appears in 6 contracts

Samples: Sub Advisory Agreement (Sprott Funds Trust), Sub Advisory Agreement (ALPS ETF Trust), Sub Advisory Agreement (Sprott Funds Trust)

Liability and Indemnification. A. Except as may otherwise be provided by the 1940 Investment Company Act or any other federal securities law, in the absence of willful misconduct, bad faith or faith, gross negligencenegligence and breach of fiduciary duty, neither the Sub-Adviser nor any of its officers, affiliates, employees or consultants (its “Affiliates”) shall be liable for any losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) incurred or suffered by the Investment Adviser, Adviser or the Fund or the Trust as a result of any error of judgment or for any action or inaction taken in good faith by the Sub-Adviser or its Affiliates with respect to each the Fund.

Appears in 5 contracts

Samples: Principal Real Estate Income Fund (Principal Real Estate Income Fund), Investment Sub Advisory Agreement (Rivernorth Opportunities Fund, Inc.), Sub Advisory Agreement (Rivernorth Opportunities Fund, Inc.)

Liability and Indemnification. A. Except as may is otherwise be provided required by the 1940 Act or any other federal securities lawAct, in the absence of willful misconduct, bad faith or gross negligence, neither the Sub-Adviser nor any of its officers, affiliates, employees or consultants (its “Affiliates”) shall be liable for any losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) incurred or suffered by the Investment Adviser, the a Fund or the Trust as a result of any error of judgment or for any action or inaction taken in good faith by the Sub-Adviser or its Affiliates with respect to each Fund.

Appears in 3 contracts

Samples: Sub Advisory Agreement (ALPS Series Trust), Sub Advisory Agreement (Financial Investors Trust), Sub Advisory Agreement (Financial Investors Trust)

AutoNDA by SimpleDocs

Liability and Indemnification. A. Except as may otherwise be provided by the 1940 Act or any other federal securities law, in the absence of willful misconduct, bad faith or gross negligence, neither the Sub-Adviser nor any of its officers, affiliates, employees or consultants (its "Affiliates") shall be liable for any losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) incurred or suffered by the Investment Adviser, the Fund or the Trust as a result of any error of judgment or for any action or inaction taken in good faith by the Sub-Adviser or its Affiliates with respect to each Fund.

Appears in 2 contracts

Samples: Interim Sub Advisory Agreement (Financial Investors Trust), Sub Advisory Agreement (Financial Investors Trust)

Liability and Indemnification. A. Except as may otherwise be provided by the 1940 Investment Company Act or any other federal securities law, in the absence of willful misconduct, bad faith or faith, gross negligencenegligence and breach of fiduciary duty, neither the Sub-Adviser nor any of its officers, affiliates, employees or consultants (its "Affiliates") shall be liable for any losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) incurred or suffered by the Investment Adviser, Adviser or the Fund or the Trust as a result of any error of judgment or for any action or inaction taken in good faith by the Sub-Adviser or its Affiliates with respect to each the Fund.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Rivernorth Opportunities Fund, Inc.)

Liability and Indemnification. A. Except as may otherwise be provided by the 1940 Investment Company Act or any other federal securities law, in the absence of willful misconduct, bad faith or faith, gross negligencenegligence and breach of fiduciary duty, neither the Sub-Adviser nor any of its officers, affiliates, employees or consultants (its “Affiliates”) shall be liable for any losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) incurred or suffered by the Investment Adviser, Adviser or the Fund or the Trust as a result of any error of judgment or for any action or inaction taken in good faith by the Sub-Sub- Adviser or its Affiliates with respect to each the Fund.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Rivernorth Opportunities Fund, Inc.)

Liability and Indemnification. A. Except as may otherwise be provided by the 1940 Act or any other federal securities law, in the absence of willful misconduct, bad faith fraud, reckless disregard or gross negligence, neither the Sub-Adviser nor any of its officers, affiliates, employees or consultants (its “Affiliates”) shall be liable for any losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) incurred or suffered by the Investment Adviser, the Fund or the Trust as a result of any error of judgment or for any action or inaction taken in good faith by the Sub-Adviser or its Affiliates with respect to each the Fund.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (ALPS Series Trust)

Time is Money Join Law Insider Premium to draft better contracts faster.