Common use of Liability of Adviser Clause in Contracts

Liability of Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with the performance of its duties under this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services, or a loss resulting from willful misfeasance, bad faith or negligence on the part of the Adviser or any of its officers, directors, employees or agents, in the performance of their duties under this Agreement, or from reckless disregard by it of obligations and duties under this Agreement.

Appears in 28 contracts

Samples: Agreement (BofA Funds Series Trust), Investment Advisory Agreement (Columbia Funds Series Trust), Investment Advisory Agreement (Nations Funds Trust)

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Liability of Adviser. The Adviser shall not be liable for any error of judgment to the Trust or mistake of law or its shareholders for any loss suffered by the Trust or its shareholders from or as a consequence of any act or omission of the Adviser, or of any of the partners, employees or agents of the Adviser, in connection with the performance of its duties under or pursuant to this Agreementagreement, except a loss resulting from a breach by reason of fiduciary duty with respect to the receipt of compensation for services, or a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Adviser or any of its officers, directors, employees or agents, in the performance of their its duties under this Agreement, or from by reason of reckless disregard by it the Adviser of its obligations and duties under this Agreementagreement.

Appears in 27 contracts

Samples: Investment Advisory Agreement (Monetta Trust), Investment Advisory (Monetta Trust), Investment Advisory Agreement (Harris Associates Investment Trust)

Liability of Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with the performance of its duties under this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services, or a loss resulting from willful misfeasance, bad faith or negligence on the part of the Adviser or any of its officers, directors, employees or agents, in the performance of their duties under this Agreement, or from reckless disregard by it of or obligations and duties under this Agreement.

Appears in 11 contracts

Samples: Investment Advisory Agreement (Nations Funds Trust), Investment Advisory Agreement (Nations Separate Account Trust), Investment Advisory Agreement (Nations Separate Account Trust)

Liability of Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Master Trust in connection with the performance of its duties under this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services, or a loss resulting from willful misfeasance, bad faith or negligence on the part of the Adviser or any of its officers, directors, employees or agents, in the performance of their duties under this Agreement, or from reckless disregard by it of or obligations and duties under this Agreement.

Appears in 5 contracts

Samples: Investment Advisory Agreement (Columbia Funds Master Investment Trust), Investment Advisory Agreement Nations Master Investment Trust (Nations Master Investment Trust), Investment Advisory Agreement (Nations Master Investment Trust)

Liability of Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with the performance of its duties under matters to which this AgreementAgreement relates, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services, or a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Adviser or any of its officers, directors, employees or agents, in the performance of their its obligations and duties under this Agreement, or from by reason of its reckless disregard by it of its obligations and duties under this Agreement.

Appears in 4 contracts

Samples: Investment Advisory Agreement (Driehaus Mutual Funds), Interim Investment Advisory Agreement (Driehaus Mutual Funds), Investment Advisory Agreement (Driehaus Mutual Funds)

Liability of Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or law, as for any loss suffered by the Trust Corporation in connection with the performance of its duties under matters to which this AgreementAgreement relates, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services, or a loss resulting from willful misfeasance, bad faith faith, or gross negligence on the part of the Adviser or any of its officers, directors, employees or agents, in the performance of their duties under this Agreementits obligations and duties, or from by reason of its reckless disregard by it of its obligations and duties under this Agreement.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Fleming Capital Mutual Fund Group Inc), Investment Advisory Agreement (Fleming Capital Mutual Fund Group Inc), Investment Advisory Agreement (Fleming Mutual Fund Group Inc)

Liability of Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Master Trust in connection with the performance of its duties under this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services, or a loss resulting from willful misfeasance, bad faith or negligence on the part of the Adviser or any of its officers, directors, employees or agents, in the performance of their duties under this Agreement, or from reckless disregard by it of obligations and duties under this Agreement.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Nations Master Investment Trust), Investment Advisory Agreement Nations Master Investment Trust (Nations Master Investment Trust), Investment Advisory Agreement (Nations Master Investment Trust)

Liability of Adviser. The Adviser shall not be liable for any error -------------------- of judgment or mistake of law or for any loss suffered by the Trust in connection with the performance of its duties under this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services, or a loss resulting from willful misfeasance, bad faith or negligence on the part of the Adviser or any of its officers, directors, employees or agents, in the performance of their duties under this Agreement, or from reckless disregard by it of obligations and duties under this Agreement.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Nations Funds Trust), Agreement (Nations Funds Trust), Agreement (Nations Funds Trust)

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Liability of Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Master Trust in connection with the performance of its duties under this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services, or a loss resulting from willful misfeasance, bad faith or negligence on the part of the Adviser or any of its officers, directors, employees or agents, in the performance of their duties under this Agreement, or from reckless disregard by it of or obligations and duties under this Agreement.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Nations Master Investment Trust), Investment Advisory Agreement (Nations Master Investment Trust)

Liability of Adviser. The Adviser shall not be liable for any error of -------------------- judgment or mistake of law or for any loss suffered by the Master Trust in connection with the performance of its duties under this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services, or a loss resulting from willful misfeasance, bad faith or negligence on the part of the Adviser or any of its officers, directors, employees or agents, in the performance of their duties under this Agreement, or from reckless disregard by it of or obligations and duties under this Agreement.

Appears in 1 contract

Samples: Investment Advisory Agreement (Nations Master Investment Trust)

Liability of Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with the performance of its duties under this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services, services or a loss resulting from willful misfeasance, bad faith or negligence on the part of the Adviser or any of its officers, directors, employees or agents, in the performance of their duties under this Agreementits duties, or from reckless disregard by it of any of its obligations and duties under this Agreement.

Appears in 1 contract

Samples: Investment Advisory Agreement (Nations Funds Trust)

Liability of Adviser. The Adviser shall not be liable for any error of -------------------- judgment or mistake of law or for any loss suffered by the Trust in connection with the performance of its duties under this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services, or a loss resulting from willful misfeasance, bad faith or negligence on the part of the Adviser or any of its officers, directors, employees or agents, in the performance of their duties under this Agreement, or from reckless disregard by it of obligations and duties under this Agreement.

Appears in 1 contract

Samples: Investment Advisory Agreement (Nations Funds Trust)

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