Account Losses. To the extent permitted under applicable law, the Fund and the Adviser agree that the Sub-Adviser shall not be liable to the Fund or the Adviser for any losses incurred by the Account that arise out of or are in any way connected with any recommendation or other act or failure to act of the Sub-Adviser under this Agreement, including, but not limited to, any error in judgment with respect to the Account, so long as such recommendation or other act or failure to act does not constitute a breach of the Sub-Adviser’s fiduciary duty to the Adviser.
Appears in 9 contracts
Samples: Investment Sub Advisory Agreement (Versus Capital Real Assets Fund LLC), Investment Sub Advisory Agreement (Versus Capital Real Assets Fund LLC), Investment Sub Advisory Agreement (Versus Capital Real Assets Fund LLC)
