Common use of Liability of Sub-Advisor Clause in Contracts

Liability of Sub-Advisor. In the performance of its duties hereunder, the Sub-Advisor shall be obligated to exercise care and diligence and to act in good faith and to use its best efforts within reasonable limits to ensure the accuracy of all services performed under this Agreement, but the Sub-Advisor shall not be liable for any act or omission which does not constitute willful misfeasance, bad faith or gross negligence on the part of the Sub-Advisor or its officers, directors or employees, or reckless disregard by the Sub-Advisor of its duties under this Agreement.

Appears in 29 contracts

Samples: Sub Advisory Agreement (DWS Value Builder Fund, Inc.), Sub Advisory Agreement (DWS Communications Fund, Inc.), Sub Advisory Agreement (DWS Communications Fund, Inc.)

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Liability of Sub-Advisor. In the performance absence of its duties hereunder, the Sub-Advisor shall be obligated to exercise care and diligence and to act in good faith and to use its best efforts within reasonable limits to ensure the accuracy of all services performed under this Agreement, but the Sub-Advisor shall not be liable for any act or omission which does not constitute willful misfeasance, bad faith or faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Sub-Advisor or any of its officers, directors or employees, or reckless disregard by the Sub-Advisor shall not be subject to liability to the Advisor 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 its duties under this Agreementany security.

Appears in 7 contracts

Samples: Agreement (Aim Summit Fund Inc), Sub Advisory Agreement (Aim Summit Fund Inc), Sub Advisory Agreement (Aim Variable Insurance Funds Inc)

Liability of Sub-Advisor. In the performance of its duties hereunder, the Sub-Advisor shall be obligated to exercise care and diligence and to act in good faith and to use its best efforts within reasonable limits to ensure the accuracy of all services performed under this Agreement, but the Sub-Advisor shall not be liable for any act or omission which does not constitute willful misfeasance, bad faith or gross negligence on the part of the Sub-Advisor or its officers, directors Directors or employees, or reckless disregard by the Sub-Advisor of its duties under this Agreement.

Appears in 5 contracts

Samples: Agreement (Flag Investors Funds Inc), Sub Advisory Agreement (Flag Investors Series Funds Inc), Sub Advisory Agreement (Flag Investors Funds Inc)

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Liability of Sub-Advisor. In the performance of its duties hereunder, the Sub-Advisor shall be obligated to exercise care and diligence and to act in good faith and to use its best efforts within reasonable limits to ensure the accuracy of all services performed under this Agreement, but the Sub-Sub- Advisor shall not be liable for any act or omission which does not constitute willful misfeasance, bad faith or gross negligence on the part of the Sub-Advisor or its officers, directors or employees, or reckless disregard by the Sub-Advisor of its duties under this Agreement.

Appears in 2 contracts

Samples: Sub Advisory Agreement (Flag Investors International Fund Inc), Agreement (Flag Investors Telephone Income Fund Inc)

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