Common use of Liability of the Adviser Clause in Contracts

Liability of the Adviser. The Adviser shall not be liable to the Trust or its shareholders for any loss suffered by the Trust or its shareholders from or as a consequence of any act or omission of the Adviser, or of any of the partners, employees or agents of the Adviser, in connection with or pursuant to this agreement, except by reason of willful misfeasance, bad faith or gross negligence on the part of the Adviser in the performance of its duties or by reason of reckless disregard by the Adviser of its obligations and duties under this agreement.

Liability of the Adviser. The Absent willful misfeasance, bad faith, gross negligence, or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be liable to the Trust or its shareholders for any loss suffered by the Trust or its shareholders from or as a consequence of any act or omission of in the Advisercourse of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any of the partners, employees or agents of the Adviser, in connection with or pursuant to this agreement, except by reason of willful misfeasance, bad faith or gross negligence on the part of the Adviser in the performance of its duties or by reason of reckless disregard by the Adviser of its obligations and duties under this agreementsecurity.

Liability of the Adviser. The Adviser shall not be liable to the Trust or its shareholders Company and shall indemnify the Company for any loss suffered losses incurred by the Trust Company, whether in the purchase, holding or its shareholders from or as a consequence sale of any security or otherwise, to the extent that such losses resulted from an act or omission on the part of the AdviserAdviser or its officers, directors or of any of the partnersemployees, employees or agents of the Adviser, in connection with or pursuant that is found to this agreement, except by reason of involve willful misfeasance, bad faith or gross negligence on the part of the Adviser in the performance of its duties negligence, or by reason of reckless disregard by the Adviser of its obligations and duties under this agreementAgreement, in connection with the services rendered by the Adviser hereunder.

Liability of the Adviser. The Adviser shall not be liable to To the Trust or its shareholders for any loss suffered by extent consistent with applicable law, and in the Trust or its shareholders from or as a consequence of any act or omission of the Adviser, or of any of the partners, employees or agents of the Adviser, in connection with or pursuant to this agreement, except by reason absence of willful misfeasance, bad faith or gross negligence on the part of the Adviser in the performance of its duties or by reason of reckless disregard by the Adviser of its obligations and duties under this agreementAgreement, neither the Adviser nor any of its managers, interest holders, agents or assigns shall be liable for any loss the Trust sustains for any investment, adoption of any investment policy, or the purchase, sale or retention of any security.

Liability of the Adviser. The Adviser shall not be liable to To the Trust or its shareholders for any loss suffered by extent consistent with applicable law, and in the Trust or its shareholders from or as a consequence of any act or omission of the Adviser, or of any of the partners, employees or agents of the Adviser, in connection with or pursuant to this agreement, except by reason absence of willful misfeasance, bad faith or gross negligence on the part of the Adviser in the performance of its duties or by reason of reckless disregard by the Adviser of its obligations and duties under this agreementAgreement, neither the Adviser nor any of its managers, interest holders, agents or assigns shall be liable for any loss the Company sustains for any investment, adoption of any investment policy, or the purchase, sale or retention of any security.

Liability of the Adviser. The Adviser shall not be liable to In the Trust or its shareholders for any loss suffered by the Trust or its shareholders from or as a consequence of any act or omission of the Adviser, or of any of the partners, employees or agents of the Adviser, in connection with or pursuant to this agreement, except by reason absence of willful misfeasance, bad faith or gross negligence on the part of the Adviser in the performance of or its duties officers, directors or by reason of employees, or reckless disregard by the Adviser of its obligations and duties under this agreementAgreement, the Adviser shall not be liable to the Company or to any shareholder of the Company 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 any security.

Liability of the Adviser. The Adviser shall not be liable to the Trust or its shareholders for Notwithstanding any loss suffered by the Trust or its shareholders from or as a consequence other provisions of any act or omission of the Adviser, or of any of the partners, employees or agents of the Adviserthis Agreement, in connection with or pursuant to this agreement, except by reason the absence of willful misfeasance, bad faith faith, or gross negligence on the part of the Adviser in Adviser, or the performance reckless disregard of its duties or by reason of reckless disregard by obligations hereunder, neither the Adviser nor its directors, members, officers, or employees shall be subject to any liability to the Trust or any Fund, or to any shareholder of its obligations and duties under this agreementthe Trust or any Fund, for any act or omission in the course of, or connected with, rendering services hereunder.

Liability of the Adviser. The Adviser shall not be liable for any loss or losses sustained by reason of any investment including the purchase, holding or sale of any security or other investment, or with respect to the Trust administration of the Fund, as long as the Adviser shall have acted in good faith and with due care; provided, however, that no provision in this Agreement shall be deemed to protect the Adviser against any liability to the Fund or its shareholders for any loss suffered by the Trust or its shareholders from or as a consequence of any act or omission of the Adviser, or of any of the partners, employees or agents of the Adviser, in connection with or pursuant to this agreement, except by reason of its willful misfeasance, bad faith or gross negligence on the part of the Adviser in the performance of its duties or by reason of its reckless disregard by the Adviser of its obligations and duties under this agreementAgreement.