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 a) The Sub-Adviser nor any of its directors, officers, employees, agents or affiliates shall not be liable to the ManagerTrust, the Fund Fund, the Adviser or its shareholders to any of their respective affiliates, officers, agents or to any shareholder for any action taken or omitted, error of judgment, mistake of law or for any loss suffered by the Manager Trust 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 performance of this Agreement, except for losses a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services or a loss resulting from the Sub-Adviser's (i) willful misfeasance, bad faith or faith, gross negligence ofor reckless disregard in the performance of its obligations and duties hereunder, or from reckless disregard of, the duties (ii) material breach of the Sub-Adviser or any of its directors, officers, employees, agents, or affiliatesthis Agreement.

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.