Liability of Manager. Neither the Manager nor its officers, directors, employees, agents or controlling person (“Associated Person”) of the Manager shall be liable 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 a loss resulting from willful misfeasance, bad faith or gross negligence on the part of Manager or such Associated Persons in the performance of their duties or from reckless disregard by them of their duties under this Agreement.
Appears in 11 contracts
Samples: Management Services Agreement (Access One Trust), Management Services Agreement (Access One Trust), Management Services Agreement (Proshares Trust)
Liability of Manager. Neither the Manager nor its officers, directors, employees, agents or controlling person (“Associated Person”) of the Manager shall be liable 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 a loss resulting from willful misfeasance, bad faith or gross negligence on the part of Manager or such Associated Persons associated persons in the performance of their duties or from reckless disregard by them of their duties under this Agreement.
Appears in 3 contracts
Samples: Management Services Agreement (Direxion Shares ETF Trust), Management Services Agreement (Direxion Funds), Management Services Agreement (Direxion Shares ETF Trust)
Liability of Manager. Neither the Manager nor its officers, directors, employees, agents or controlling person (“"Associated Person”") of the Manager shall be liable 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 a loss resulting from willful misfeasance, bad faith or gross negligence on the part of Manager or such Associated Persons in the performance of their duties or from reckless disregard by them of their duties under this Agreement.
Appears in 3 contracts
Samples: Management Services Agreement (Profunds), Management Services Agreement (Profunds), Management Services Agreement (Profunds)
Liability of Manager. Neither the Manager nor its officers, directors, employees, agents or controlling person (“"Associated Person”") of the Manager shall be liable for any error of judgment or mistake of law or for any loss suffered by the Trust Fund or Series in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on the part of Manager or such Associated Persons in the performance of their duties or from reckless disregard by them of their duties under this Agreement.
Appears in 2 contracts
Samples: Management Services Agreement (Security Income Fund /Ks/), Management Services Agreement (Security Income Fund /Ks/)
Liability of Manager. Neither the Manager nor its officers, directors, employees, agents or controlling person (“"Associated Person”") of the Manager shall be liable 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 a loss resulting from willful misfeasance, bad faith or gross negligence on the part of Manager or such Associated Persons in the performance of their duties or from reckless disregard by them of their duties under this Agreement.by
Appears in 1 contract
