Best Judgment. The Manager shall use its best judgment and efforts in rendering the advice and services to the Fund, including the Advisory Services and the Administrative Services, as contemplated by this Agreement.
Best Judgment. The Advisor shall give the Trust the benefit of its best judgment, experience and effort in rendering services hereunder, but the Advisor shall not be liable for any loss sustained by reason of the adoption of any investment policy or the purchase, sale or retention of any investment instrument, whether the purchase, sale or retention is based upon its own investigation and research or upon investigation and research made by any other individual, firm or corporation, if the purchase, sale or retention is made and such other individual, firm or corporation was selected with due care and in good faith. Nothing herein contained shall, however, be construed to protect the Advisor against any liability to the Trust or its Participants by reason of misfeasance, bad faith or negligence in the performance of its duties, or by reason of its reckless disregard of its obligations and duties under this Agreement, nor shall anything herein contained constitute a waiver or limitation on any rights which the Trust may have under any federal securities laws.
Best Judgment. Evaluations of the Council’s Construction Cost, Project Budget, and preliminary and detailed cost estimates prepared by the Construction Manager, must represent the Construction Manager’s best judgment as a professional familiar with the construction industry.
Best Judgment. The Administrator shall use its best judgment and efforts in providing the advice and services as contemplated by this Agreement.
Best Judgment. In voting the Shares represented by the stock certificates issued to the Voting Trustee as hereinbefore provided, the person acting as Voting Trustee shall exercise his best judgment to the end that the business and affairs of the Corporation shall be properly managed; but no person acting as a Voting Trustee assumes any responsibility or liability in respect of such management, or in respect of any action taken by the Voting Trustee, or taken in pursuance of his consent thereto, or in pursuance of his vote so cast, and any person acting as a Voting Trustee shall not incur any responsibility or liability, as a shareholder, Voting Trustee or otherwise, by reason of any error of fact, or law, or of any matter or thing done or omitted to be done, except for his own willful misconduct.
Best Judgment. Evaluations of the DBE’s estimates must represent the Construction Manager’s best judgment as a professional familiar with the construction industry.
