DUTY OF CARE/LIMITATION OF LIABILITY. Participant acknowledges that data processing entails the likelihood of human and machine errors, omissions, delays, and losses, which may give rise to loss or damage. Accordingly, Participant agrees that ISS shall not be liable as a result of any such errors, omissions, delays, and losses unless caused by its gross negligence or willful misconduct. PARTICIPANT AGREES THAT IN NO EVENT WILL ISS BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES. PARTICIPANT FURTHER AGREES THAT IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ISS FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING UNDER THIS AGREEMENT AND THE SERVICES PERFORMED HEREUNDER, EXCEED THE GREATER OF: $5,000.00; OR THE TOTAL AMOUNT PAID BY PARTICIPANT TO ISS PURSUANT TO THIS AGREEMENT DURING THE PRECEDING
DUTY OF CARE/LIMITATION OF LIABILITY x. Xxxxx will discharge the duties and exercise the powers granted hereunder, honestly and in good faith, and in connection therewith shall exercise the degree of care, diligence, and skill that a reasonably prudent investment manager would exercise in dealing with the property of another person under similar circumstances and in similar market conditions.
DUTY OF CARE/LIMITATION OF LIABILITY. Issuer acknowledges that data processing entails the likelihood of human and machine errors, omissions, delays, and losses, which may give rise to loss or damage. Accordingly, Issuer agrees that ISS shall not be liable as a result of any such errors, omissions, delays, and losses unless caused by its gross negligence or willful
DUTY OF CARE/LIMITATION OF LIABILITY. 6.1 The Investment Advisor shall use reasonable care in the performance of its obligations hereunder. The Investment Advisor, its directors, officers, employees, agents and representatives shall not be responsible for any loss or damage occasioned by any act or omission pursuant to this Agreement by the Investment Advisor or by any director, officer, employee, agent or representative of the Investment Advisor who has been selected with reasonable care by the Investment Advisor except for such acts or omissions or for such loss or damage attributable to the negligence, dishonesty, fraud, bad faith or wilful misconduct of the Investment Advisor or such persons.
