Common use of Liabilities of the Adviser Clause in Contracts

Liabilities of the Adviser. A. Except as provided below, in the absence of willful misfeasance, bad faith, gross negligence, or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Fund or to any shareholder of the Fund or its Series for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any security or the making of any investment for or on behalf of the Fund. B. No provision of this Agreement shall be construed to protect any Trustee or officer of the Fund, or the Adviser, from liability in violation of Sections 17(h), 17(i), 36(a) or 36(b) of the 1940 Act.

Liabilities of the Adviser. A. Except as provided below, in the absence of willful misfeasance, bad faith, gross negligence, or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Fund or to any shareholder of the Fund or its Series Portfolios for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any security or the making of any investment for or on behalf of the Fund. B. No provision of this Agreement shall be construed to protect any Trustee or officer of the Fund, or the Adviser, from liability in violation of Sections 17(h), 17(i), 36(a) or 36(b) of the 1940 Act.

Liabilities of the Adviser. A. Except as provided below, in the absence of willful misfeasance, bad faith, gross negligence, or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Fund Trust or to any shareholder of the Fund Trust or its Series Portfolios for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any security or the making of any investment for or on behalf of the FundTrust. B. No provision of this Agreement shall be construed to protect any Trustee or officer of the FundTrust, or the Adviser, from liability in violation of Sections 17(h), 17(i), 36(a) or 36(b) of the 1940 Act.

Liabilities of the Adviser. A. Except as provided below, in the absence of willful misfeasance, bad faith, gross negligence, or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Fund or to any shareholder of the Fund or its Series Portfolios for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any security or the making of any investment for or on behalf of the Fund. B. No provision of this Agreement shall be construed to protect any Trustee Director or officer of the Fund, or the Adviser, from liability in violation of Sections 17(h), 17(i), 36(a) or 36(b) of the 1940 Act.

Liabilities of the Adviser. A. (a) Except as provided below, in the absence of willful misfeasance, bad faith, gross negligence, or reckless disregard of the obligations or duties hereunder under this Contract on the part of the Adviser, the Adviser shall not be subject to liability liable to the Fund Trust or to any of the Portfolios or to any shareholder of the Fund or its Series for any act or omission in the course of, of or connected with, in any way with rendering services hereunder or for any losses that may be sustained in the purchase, holding holding, or sale of any security or the making of any investment for or on behalf of the FundTrust. B. (b) No provision of this Agreement Contract shall be construed to protect any Trustee or officer of the FundTrust, or the Adviser, from liability in violation of Sections 17(h), 17(i), 36(a) or 36(b) of the 1940 Act.

Liabilities of the Adviser. A. Except as provided below, in the absence of willful misfeasance, bad faith, gross negligence, or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Fund Trust or to any shareholder of the Fund Trust or its Series Funds for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any security or the making of any investment for or on behalf of the FundTrust. B. No provision of this Agreement shall be construed to protect any Trustee or officer of the FundTrust, or the Adviser, from liability in violation of Sections 17(h), 17(i), 36(a) or 36(b) of the 1940 Act.

Liabilities of the Adviser. A. Except as provided below, in the absence of willful misfeasance, bad faith, gross negligence, or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Fund Trust or to any shareholder of the Fund Trust or its Series Funds for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any security or the making of any investment for or on behalf of the FundTrust. B. No provision of this Agreement Contract shall be construed to protect any Trustee or officer of the FundTrust, or the Adviser, from liability in violation of Sections 17(h), 17(i), 36(a) or 36(b) of the 1940 Act.

Liabilities of the Adviser. A. Except as provided below, in the absence of willful misfeasance, bad faith, gross negligence, or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Fund Company or to any shareholder of the Company or the Fund or its Series for any act or omission in the course of, or connected in connection with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any security or the making of any investment for or on behalf of the FundCompany. B. No provision of this Agreement shall be construed to protect any Trustee Director or officer of the FundCompany, or the Adviser, from liability in violation of Sections 17(h), 17(i), 36(a) or 36(b) of the 1940 Act.

Liabilities of the Adviser. A. Except as provided below, in the absence of willful misfeasance, bad faith, gross negligence, or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Fund Trust or to any shareholder of the Trust or any Fund or its Series for any act or omission in the course of, or connected in connection with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any security or the making of any investment for or on behalf of the FundTrust. B. No provision of this Agreement shall be construed to protect any Trustee or officer of the FundTrust, or any director or officer of the Adviser, from liability in violation of Sections 17(h), 17(i), 36(a) or 36(b) of the 1940 Act.