Common use of Liability of Sub-Adviser Clause in Contracts

Liability of Sub-Adviser. Neither the Sub-Adviser nor any of its directors, officers, employees, agents or affiliates shall be liable to the Manager, the Fund or its shareholders for any loss suffered by the Manager or the Fund resulting from any error of judgment made in the good faith exercise of the Sub-Adviser's investment discretion in connection with selecting investments for a Series or as a result of the failure by the Manager or any of its affiliates to comply with the terms of this Agreement, except for losses resulting from willful misfeasance, bad faith or gross negligence of, or from reckless disregard of, the duties of the Sub-Adviser or any of its directors, officers, employees, agents, or affiliates.

Liability of Sub-Adviser. Neither the Sub-Adviser nor any of its directors, officers, employees, agents or affiliates shall be liable to the Manager, the Fund or its shareholders for any loss suffered by the Manager or the Fund resulting from any error of judgment made in the good faith exercise of the Sub-Adviser's investment discretion in connection with selecting investments for a Series duties under this Agreement or as a result of the failure by the Manager or any of its affiliates to comply with the terms of this Agreement, Agreement except for losses resulting from willful misfeasance, bad faith or gross negligence of, or from reckless disregard of, the duties of the Sub-Adviser or any of its directors, officers, employees, agentsagents (excluding any broker-dealer selected by the Sub-Adviser), or affiliates.

Liability of Sub-Adviser. Neither the Sub-Adviser Sub‑Adviser nor any of its directors, officers, employees, agents or affiliates shall be liable to the Manager, the Fund or its shareholders for any loss suffered by the Manager or the Fund resulting from any error of judgment made in the good faith exercise of the Sub-AdviserSub‑Adviser's investment discretion in connection with selecting investments for a Series duties under this Agreement or as a result of the failure by the Manager or any of its affiliates to comply with the terms of this Agreement, Agreement except for losses resulting from willful misfeasance, bad faith or gross negligence of, or from reckless disregard of, the duties of the Sub-Adviser Sub‑Adviser or any of its directors, officers, employees, agentsagents (excluding any broker-dealer selected by the Sub-Adviser), or affiliates.