Liability for Error. The Manager shall not be liable for any error in judgment or for any loss suffered by the Fund or its security holders in connection with the matters to which this Agreement relates, except a loss resulting from wilful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. Nothing in this Agreement shall, or shall be construed to, waive or limit any rights which the Fund may have under federal and state securities laws which may impose liability under certain circumstances on persons who act in good faith.
Appears in 32 contracts
Samples: Advisory and Administration Agreement (Aquila Municipal Trust), Advisory and Administration Agreement (Aquila Municipal Trust), Advisory and Administration Agreement (Aquila Municipal Trust)
Liability for Error. The Manager shall not be liable for any error in judgment or for any loss suffered by the Fund or its security holders in connection with the matters to which this Agreement relates, except a loss resulting from wilful willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. Nothing in this Agreement shall, or shall be construed to, waive or limit any rights which the Fund may have under federal and state securities laws which may impose liability under certain circumstances on persons who act in good faith.
Appears in 10 contracts
Samples: Advisory and Administration Agreement (Aquila Funds Trust), Advisory and Administration Agreement (Aquila Funds Trust), Advisory and Administration Agreement (Aquila Funds Trust)
Liability for Error. The Manager shall not be liable for any error in judgment or for any loss suffered by the Fund Trust or its security holders in connection with the matters to which this Agreement relates, except a loss resulting from wilful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. Nothing in this Agreement shall, or shall be construed to, waive or limit any rights which the Fund Trust may have under federal and state securities laws which may impose liability under certain circumstances on persons who act in good faith.
Appears in 8 contracts
Samples: Advisory and Administration Agreement (Tax-Free Trust of Arizona), Advisory and Administration Agreement (Cascades Trust), Advisory and Administration Agreement (Cascades Trust)
Liability for Error. The Manager shall not be liable for any error in judgment or for any loss suffered by the Fund or its security holders in connection with the matters to which this Agreement relates, except a loss resulting from wilful misfeasancewillful misfeasance, bad faith or gross negligence on its part in the performance performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. Nothing in this Agreement shall, or shall be construed to, waive or limit any rights which the Fund may have under federal and state securities laws which may impose liability under certain circumstances on persons who act in good faith.
Appears in 1 contract
Samples: Advisory and Administration Agreement (Aquila Three Peaks High Income Fund)
Liability for Error. The Manager shall not be liable for any error in judgment or for any loss suffered by the Fund or its security holders in connection with the matters to which this Agreement relates, except a loss resulting from wilful misfeasancemisfea- sance, bad faith or gross negligence on its part in the performance perfor- xxxxx of its duties or from reckless disregard by it of its obligations and duties under this Agreement. Nothing in this Agreement shall, or shall be construed to, waive or limit any rights which the Fund may have under federal and state securities laws which may impose liability under certain circumstances on persons who act in good faith.
Appears in 1 contract
Samples: Advisory and Administration Agreement (Tax Free Fund of Colorado)