Common use of Liability of Adviser Clause in Contracts

Liability of Adviser. The Adviser shall not be liable to the Fund for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the Fund or its shareholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee or officer of the Fund against any such liability to which he might otherwise be subject by reason of any Disabling Conduct.

Appears in 61 contracts

Samples: Investment Advisory Agreement (Highland Floating Rate Opportunities Fund), Investment Advisory Agreement (Highland Funds I), Investment Advisory Agreement (Highland Floating Rate Opportunities Fund)

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Liability of Adviser. The Adviser shall not be liable to the Fund Trust for any error of judgment or mistake of law or for any loss suffered by the Fund Trust in connection with the matters to which this Agreement relates; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the Fund Trust or its shareholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee or officer of the Fund Trust against any such liability to which he might otherwise be subject by reason of any Disabling Conduct.

Appears in 17 contracts

Samples: Investment Advisory Agreement (Highland Global Allocation Fund), Investment Advisory Agreement (Highland Global Allocation Fund), Investment Advisory and Administrative Services Agreement (Nexpoint Event-Driven Fund)

Liability of Adviser. The Adviser shall not be liable to the Fund for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the Fund or its shareholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee Trustee or officer of the Fund against any such liability to which he might otherwise be subject by reason of any Disabling Conduct.

Appears in 14 contracts

Samples: Investment Advisory Agreement (Brookfield Investment Funds), Investment Advisory Agreement (Brookfield Investment Funds), Investment Advisory Agreement (Brookfield Investment Funds)

Liability of Adviser. The Adviser shall not be liable to the a Fund for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the a Fund or its shareholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee or officer of the Fund against any such liability to which he might otherwise be subject by reason of any Disabling Conduct.

Appears in 7 contracts

Samples: Investment Advisory Agreement (Highland Funds I), Investment Advisory Agreement (Highland Funds I), Investment Advisory Agreement (Highland Funds I)

Liability of Adviser. The Adviser shall not be liable to the Fund for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the Fund or its shareholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee Director or officer of the Fund against any such liability to which he might otherwise be subject by reason of any Disabling Conduct.

Appears in 5 contracts

Samples: Investment Advisory Agreement (Brookfield Real Assets Income Fund Inc.), Investment Advisory Agreement (Brookfield Real Assets Income Fund Inc.), Investment Advisory Agreement (Brookfield High Income Fund Inc.)

Liability of Adviser. The Adviser shall not be liable to the Fund Funds for any error of judgment or mistake of law or for any loss suffered by the Fund Funds in connection with the matters to which this Agreement relates; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the Fund Funds or its shareholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee or officer of the Fund Funds against any such liability to which he might otherwise be subject by reason of any Disabling Conduct.

Appears in 3 contracts

Samples: Investment Advisory Agreement, Investment Advisory Agreement (Highland Funds I), Investment Advisory Agreement (Highland Funds I)

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Liability of Adviser. The Adviser shall not be liable to the Fund for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the Fund or its shareholders stockholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee Trustee or officer of the Fund against any such liability to which he might otherwise be subject by reason of any Disabling Conduct.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Oaktree Diversified Income Fund Inc.), Investment Advisory Agreement (Oaktree Diversified Income Fund Inc.)

Liability of Adviser. The Adviser shall not be liable to the Fund for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the Fund or its shareholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee Manager or officer of the Fund against any such liability to which he might otherwise be subject by reason of any Disabling Conduct.

Appears in 1 contract

Samples: Investment Advisory Agreement (Center Coast Brookfield Core MLP Fund I, LLC)

Liability of Adviser. The Adviser shall not be liable to the Fund for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates; provided, howeverexcept for a loss resulting from willful misfeasance, that no provision bad faith or gross negligence on the part of this Agreement shall be deemed to protect the Adviser against any liability to in the Fund performance of its obligations and duties or its shareholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee or officer its reckless disregard of the Fund against any such liability to which he might otherwise be subject by reason of any Disabling Conductits obligations and duties under this Agreement.

Appears in 1 contract

Samples: Investment Management Agreement (Jackson National Capital Management Funds)

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