Adviser Liability. The ADVISER, acting in good faith, shall not be liable for any action, omission, investment recommendation/decision, or loss in connection with this Agreement including, but not limited to, the investment of the Assets, or the acts and/or omissions of other professionals or third party service providers recommended to the CLIENT by the ADVISER, including a broker-dealer and/or custodian, attorney, accountant, insurance agent, or any other professional. If the Account contains only a portion of the CLIENT’s total assets, ADVISER shall only be responsible for those assets that the CLIENT has designated to be the subject of the ADVISER’s investment management services under this Agreement without consideration to those additional assets not so designated by the CLIENT. If, during the term of this Agreement, the ADVISER purchases specific individual securities for the Account at the direction of the CLIENT (i.e. the request to purchase was initiated solely by the CLIENT), the CLIENT acknowledges that the ADVISER shall do so as an accommodation only, and that the CLIENT shall maintain exclusive ongoing responsibility for monitoring any and all such individual securities, and the disposition thereof. Correspondingly, the CLIENT further acknowledges and agrees that the ADVISER shall not have any responsibility for the performance of any and all such securities, regardless of whether any such security is reflected on any quarterly Account reports prepared by ADVISER. However, the ADVISER may continue to include any such assets for purposes of determining Adviser Compensation. . In addition, with respect to any and all accounts maintained by the CLIENT with other investment professionals or at custodians for which the ADVISER does not maintain trading authority, the CLIENT, and not the ADVISER, shall be exclusively responsible for the investment performance of any such assets or accounts. In the event the CLIENT desires that the ADVISER provide investment management services with respect to any such assets or accounts, the CLIENT may engage the ADVISER to do so for a separate and additional fee. The CLIENT acknowledges that investments have varying degrees of financial risk, and that ADVISER shall not be responsible for any adverse financial consequences to the Account resulting from any investment that, at the time made, was consistent with the CLIENT’s investment objectives.
(1) securities purchased by CLIENT’s predecessor advisor(s); (2) the sale by ADVISER of s...
Adviser Liability. Except as otherwise provided by law, we (including our Investment Advisor Representatives, employees, affiliates, representatives, and agents will not be liable for (a) any loss that you may suffer by reason of any decision made or other action taken or omitted in good faith by us with that degree of care, skill, prudence, and diligence under the circumstances that a person acting in a fiduciary capacity would use, (b) any loss arising from our adherence to your written or oral instructions, (c) any act or failure to act by the Custodian, any Broker- Dealer to which transactions for the Account are directed, or by any non- party, or (d) any loss that you may suffer by reason of any decision made or other action taken by any Independent Manager. The federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith, and therefore nothing in this Agreement will waive or limit any rights that you may have under those laws.
Adviser Liability. Except as otherwise provided by law, neither we nor any of our employees, affiliates, representatives or agents shall be liable for (a) any loss that you may suffer by reason of any investment decision made or other action taken or omitted in good faith by us, by discretion or mistake, for the purposes of implementing the agreed investment program, with that degree of care, skill, prudence, and diligence under the circumstances that a person acting in a fiduciary capacity would use,
(b) any loss that you may suffer by reason of any action taken or omitted, by discretion or mistake, which causes your portfolio’s asset allocation to deviate from the desired asset allocation determined by the agreed investment program, if taken or omitted in good faith by us with that degree of care, skill, prudence and diligence under the circumstances that a person acting in a fiduciary capacity would use, (c) any loss arising from our adherence or attempted adherence to your written or oral instructions, or (d) any act or failure to act by the Custodian, any Broker-Dealer to which we direct transactions for the Account, or by any other non-party. The federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith, and therefore nothing in this Agreement will waive or limit any rights that you may have under those laws. If the Account contains only a portion of your total assets, we shall not be responsible for: (i) any of your assets not set forth in this Agreement; or (ii) proper diversification of all of your assets.
Adviser Liability. Except as otherwise provided by federal or state securities laws, our firm shall not be liable for any act or failure to act by the custodian, any broker-dealer to which we direct transactions for the account, or by any other third- party.
Adviser Liability. Except as otherwise provided by federal or state securities laws, our firm, acting in good faith, shall not be liable for any action, omission, investment recommendation/decision, or loss in connection with this Agreement including, but not limited to, the investment of the Assets. We shall not be liable for any act or failure to act by the custodian, any broker-dealer to which we direct transactions for the account or by any other non-party.
Adviser Liability. Except as otherwise provided by federal or state laws, Adviser, acting in good faith, shall not be liable for any action, omission, investment recommendation/decision, or loss in connection with this Agreement including, but not limited to, the implementation of the advice provided hereunder, or the acts and/or omissions of other professionals or third-party service providers recommended to Client by Adviser.
Adviser Liability. Except as otherwise provided by federal or state laws, Adviser, acting in good faith, shall not be liable for any action, omission, investment recommendation/decision, or loss in connection with this Agreement including, but not limited to, the investment of the Assets, or the acts and/or omissions of other professionals or third party service providers recommended to Client by Adviser, including a broker-dealer and/or custodian. If the Account contains only a portion of Client’s total assets, Adviser shall only be responsible for those assets that Client has designated to be the subject of Adviser’s portfolio management services under this Agreement without consideration to those additional assets not so designated by Client. The federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith, and therefore nothing in this Agreement will waive or limit any rights that Client may have under those laws.
Adviser Liability. Except as otherwise provided by law, Investment Manager (and its employees, representatives and agents), acting in good faith, shall not be liable for any action, omission, investment recommendation/decision, or loss in connection with this Agreement including, but not limited to, the investment of the assets in the Investment Management Account, or the acts and/or omissions of the Client, other professionals or third party service providers, including a broker-dealer and/or custodian. The federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith, and therefore nothing herein shall in any way constitute a waiver or limitation of any rights which the Client may have under any federal and state securities laws. If the assets in the Investment Management Account contain only a portion of the Client’s total assets, Investment Manager shall only be responsible for those assets that the Client has designated to be the subject of Investment Manager’s investment management services under this Agreement without consideration to those additional assets not so designated by the Client. If, during the term of this Agreement, Investment Manager purchases specific individual securities for the Investment Management Account at the direction of the Client (i.e. the request to purchase was initiated solely by the Client), the Client acknowledges that Investment Manager shall do so as an accommodation only, and that the Client shall maintain exclusive ongoing responsibility for monitoring any and all such individual securities, and the disposition thereof. Correspondingly, the Client further acknowledges and agrees that Investment Manager shall not have any responsibility for the performance of any and all such securities, regardless of whether any such security is reflected on any quarterly Investment Management Account reports. Notwithstanding anything else in this Agreement to the contrary, Client acknowledges that investments involve varying degrees of financial risk and Investment Manager makes no assurance that assets in an Investment Management Account will receive any return on an investment, and that an investment may lose money, including the complete loss of principal. Investment Manager does not guarantee future performance of the Client’s assets or any specific level of performance, the success of any investment decision or strategy that Investment Manager may use, or the success of Investment Manager’s ov...
Adviser Liability. Except as otherwise provided by law, neither we nor any of our employees, affiliates, representatives or agents shall be liable for (a) any loss that you may suffer by reason of any investment decision made or other action taken or omitted in good faith by us, for the purposes of implementing the agreed investment program, with that degree of care, skill, prudence, and diligence under the circumstances that a person acting in a fiduciary capacity would use, (b) any loss that you may suffer by reason of any action taken or omitted, by discretion or mistake, which causes your portfolio’s asset allocation to deviate from the
Adviser Liability a. Adviser shall not be liable for delays or errors occurring by reason of circumstances beyond its control, including but not limited to acts of civil or military authority, national emergencies, work stoppages, fire, flood, catastrophe, acts of God, insurrection, war, riot, acts of terrorism, or failure of communication or power supply. In the event of equipment breakdowns beyond its control, Adviser shall take reasonable steps to minimize service interruptions but shall have no liability with respect thereto.
b. Notwithstanding the foregoing, the federal securities laws impose liabilities under certain circumstances on persons who act in good faith, and therefore nothing herein shall in any way constitute a waiver or limitation of any rights which the Client may have under any federal or state securities laws.
c. This provision will survive termination of this Agreement.
