Common use of Liability of Adviser Clause in Contracts

Liability of Adviser. In the absence of willful misfeasance, bad faith, negligence or reckless disregard of obligations or duties hereunder on the part of the Adviser or any of its officers, directors, employees or agents, the Adviser shall not be subject to liability to the Company or to any shareholder of the Company 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.

Appears in 9 contracts

Samples: Investment Advisory Agreement (Nations Fund Inc), Investment Advisory Agreement (Nations Fund Inc), Investment Advisory Agreement (Nations Fund Inc)

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Liability of Adviser. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Adviser or any of its officers, directorsdirectors or employees, employees or agents, the Adviser it shall not be subject to liability to the Company Fund or to any shareholder of the Company Fund for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may may, from time to time, be sustained in the purchase, holding or sale of any security.

Appears in 9 contracts

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

Liability of Adviser. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of by the Adviser or any of its officers, directors, employees or agentsobligations and duties hereunder, the Adviser shall not be subject to any liability whatsoever to the Company a Fund, or to any shareholder of the Company a Fund, for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder or including, without limitation, for any losses that may be sustained in connection with the purchase, holding holding, redemption or sale of any securitysecurity on behalf of the Fund.

Appears in 7 contracts

Samples: Investment Advisory Agreement (Aston Funds), Investment Advisory Agreement (Aston Funds), Investment Management Agreement (Allstate Financial Investment Trust)

Liability of Adviser. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of by the Adviser or any of its officers, directors, employees or agentsobligations and duties hereunder, the Adviser shall not be subject to any liability whatsoever to the Company Fund, or to any shareholder of the Company Fund, for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder or including, without limitation, for any losses that may be sustained in connection with the purchase, holding holding, redemption or sale of any securitysecurity on behalf of any Portfolio of the Fund.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Stratton Funds, Inc.), Investment Advisory Agreement (Stratton Funds, Inc.), Investment Advisory Agreement (Stratton Funds Inc)

Liability of Adviser. In the absence of willful misfeasance, bad faith, faith or gross negligence or reckless disregard of obligations or duties hereunder on the part of the Adviser or any in performance of its officers, directors, employees or agentsobligations and duties hereunder, the Adviser shall not be subject to any liability whatsoever to the Company Company, or to any shareholder member of the Company (each, a “Member,” and collectively, the “Members”), for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder or including, without limitation, for any losses that may be sustained in connection with the purchase, holding holding, redemption or sale of any securitysecurity on behalf of the Company.

Appears in 3 contracts

Samples: Investment Advisory Agreement (PNC Absolute Return TEDI Fund LLC), Investment Advisory Agreement (PNC Absolute Return Fund LLC), Investment Advisory Agreement (Mercantile Absolute Return Fund LLC)

Liability of Adviser. In the absence of (a) willful misfeasance, bad faith, faith or gross negligence or reckless disregard of obligations or duties hereunder on the part of the Adviser or any in performance of its officers, directors, employees or agentsobligations and duties hereunder, the Adviser shall not be subject to any liability whatsoever to the Company Company, or to any shareholder member of the Company (each, a "Member," and collectively, the "Members") for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder or including, without limitation, for any losses that may be sustained in connection with the purchase, holding holding, redemption or sale of any securitysecurity on behalf of the Company.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Mercantile Absolute Return Fund LLC), Investment Advisory Agreement (Mercantile Absolute Return Fund LLC)

Liability of Adviser. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of by the Adviser or any of its officers, directors, employees or agentsobligations and duties hereunder, the Adviser shall not be subject to any liability whatsoever to the Company a Fund, or to any shareholder of the Company a Fund, for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder or including, without limitation, for any losses that may be sustained in connection with the purchase, holding holding, redemption or sale of any securitysecurity on behalf of the Fund. 11.

Appears in 2 contracts

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

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Liability of Adviser. In the absence of willful misfeasance, bad faith, negligence or reckless disregard of obligations or duties hereunder on the part of the Adviser or any of its officers, directors, employees or agents, the Adviser shall not be subject to liability to the Company Trust or to any shareholder of the Company Trust 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.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Nations Institutional Reserves), Investment Advisory Agreement (Nations Fund Trust)

Liability of Adviser. In The Adviser shall not be liable to the absence Trust 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 or pursuant to this agreement, except by reason of willful misfeasance, bad faith, faith or gross negligence or reckless disregard of obligations or duties hereunder on the part of the Adviser or any in the performance of its officers, directors, employees duties or agents, by reason of reckless disregard by the Adviser shall not be subject to liability to the Company or to any shareholder of the Company 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 securityits obligations and duties under this agreement. 10.

Appears in 2 contracts

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

Liability of Adviser. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of by the Adviser or any of its officers, directors, employees or agentsobligations and duties hereunder, the Adviser shall not be subject to any liability whatsoever to the Company Portfolios, or to any shareholder of the Company Portfolios, for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder or including, without limitation, for any losses that may be sustained in connection with the purchase, holding holding, redemption or sale of any securitysecurity on behalf of the Portfolios.

Appears in 1 contract

Samples: Investment Advisory Agreement (Brinson Relationship Funds)

Liability of Adviser. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of by the Adviser or any of its officers, directors, employees or agentsobligations and duties hereunder, the Adviser shall not be subject to any liability whatsoever to the Company Corporation, or to any shareholder of the Company Corporation, for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder or including, without limitation, for any losses that may be sustained in connection with the purchase, holding holding, redemption or sale of any securitysecurity on behalf of the Corporation. 7.

Appears in 1 contract

Samples: Investment Advisory Agreement (Focus Trust Inc)

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