LIABILITY OF INVESTMENT ADVISER. Adviser assumes no responsibility under this Agreement other than to render the services called for hereunder in good faith. Adviser shall not be liable for any error of judgment or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from a breach of fiduciary duty with respect to receipt of compensation for services (in which case any award of damages shall be limited to the period and the amount set forth in Section 36(b)(3) of the Investment Company Act of 1940 or a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of, or from reckless disregard by it of its obligations and duties under, this Agreement.
LIABILITY OF INVESTMENT ADVISER. Investment Adviser will deal in good faith and with due diligence and will use reasonable skill and care in the performance of its duties under this Agreement. Investment Adviser shall not be liable for any error of judgment, mistake of law, or for any loss suffered by the Account in connection with Investment Adviser’s discharge of its responsibilities under this Agreement, except for loss resulting from a breach of Investment Adviser’s obligations with respect to the Account. Nothing contained in this Agreement shall constitute a waiver or limitation of rights that the Division may have under federal or state securities laws.
LIABILITY OF INVESTMENT ADVISER. 20.1 Investment Adviser shall not incur any liability by reason of any loss, which a client may suffer by reason of any depletion in the value of the assets under advice, which may result by reason of fluctuation in assetvalue, or by reason of non-performance or under-performance of the securities/funds or any other market conditions.
LIABILITY OF INVESTMENT ADVISER. CapitalVia shall not be liable of any loss, which a Client may suffer by reason of any depletion in the value of the assets under advice, which may result by reason of fluctuation in asset value, or by reason of non- performance or under-performance of any of its services or any other market conditions. • The Client acknowledges that CapitalVia (or its directors, officers, employees, agents, group entities) shall not be responsible or liable for any loss, claim or direct, indirect, incidental, consequential, special, exemplary, punitive or any other damages (including loss of profits, depreciation in the value of Securities and/ or any financial products, loss of goodwill etc.) for any error of judgment, mistake or for any loss suffered by the Client in connection with the Services relates unless such damage or loss is finally determined by a court of competent jurisdiction to have solely resulted from mala fide, fraud or gross negligence of CapitalVia.
LIABILITY OF INVESTMENT ADVISER. This agreement clearly states that the Investment Adviser Xxxxxxxx Xxxx Prop.E H Research shall not incur any liability by reason of any loss, which a client may suffer by reason of any depletion in the value of the assets under advice, which may result by reason of fluctuation in asset value, or by reason of non-performance or under-performance of the securities/funds or any other market conditions.
LIABILITY OF INVESTMENT ADVISER. In the absence of (i) willful misfeasance, bad faith or gross negligence on the part of the Investment Adviser in performance of its obligations and duties hereunder, (ii) reckless disregard by the Investment Adviser of its obligations and duties hereunder or (iii) a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services (in which case any award of damages shall be limited to the period and the amount set forth in Section 36(b)(3) of the Investment Company Act of 1940, the Investment Adviser shall not be subject to any liability whatsoever to the Company, or to any shareholder of the Company, for any error or judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder including, without limitation, for any losses that may be sustained in connection with the purchase, holding, redemption or sale of any security on behalf of the Company. Notwithstanding anything in this Agreement to the contrary contained herein, the Investment Adviser shall not be responsible or liable for its failure to perform under this Agreement or for any losses to the Company resulting from any event beyond the reasonable control of the Investment Adviser or its agents, including but not limited to nationalization, expropriation, devaluation, seizure or similar action by any governmental authority, de facto or de jure; or enactment, promulgation, imposition or enforcement by any such governmental authority of currency restrictions, exchange controls, levies or other charges affecting the Company’s property; or the breakdown, failure or malfunction of any utilities or telecommunications systems; or any order or regulation of any banking or securities industry including changes in market rules and market conditions affecting the execution or settlement of transactions; or acts of war, terrorism, insurrection or revolution; or acts of God, or any other similar event.
LIABILITY OF INVESTMENT ADVISER. Edgemoor assumes no responsibility under this Agreement other than to render the services called for hereunder in good faith. Edgemoor shall not be liable for any error of judgment or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from a breach of fiduciary duty with respect to receipt of compensation for services (in which case any award of damages shall be limited to the period and the amount set forth in Section 36(b)(3) of the Investment Company Act of 1940) or a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of, or from reckless disregard by it of its obligations and duties under, this Agreement.
LIABILITY OF INVESTMENT ADVISER. Henssler assumes no responsibility under this Agreement other than to render the services called for hereunder in good faith. Henssler shall not be liable for any error of judgment or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from a breach of fiduciary duty with respect to receipt of compensation for services (in which case any award of damages shall be limited to the period and the amount set forth in Section 36(b)(3) of the Investment Company Act of 1940) or a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of, or from reckless disregard by it of its obligations and duties under, this Agreement.
LIABILITY OF INVESTMENT ADVISER. Neither the Investment Adviser nor any of its directors, officers or employees shall be liable to the Trust for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with the matters to which this Agreement relates except for losses resulting from willful misfeasance, bad faith or gross negligence in the performance of, or from the reckless disregard of, the duties of the Investment Adviser or any of its directors.
LIABILITY OF INVESTMENT ADVISER. The Investment Adviser shall not be liable for any error of judgment or for any loss suffered by the Fund in connection with performance of its obligations under this Agreement, except a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of, or from reckless disregard by it of its obligations and duties under, this Agreement, or damages resulting from a breach of fiduciary duty with respect to receipt of compensation for services.
