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 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 faith, gross negligence, or gross negligence reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Series or to any shareholder of the Series for any act or omission in the performance 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 or by reason of reckless disregard any investment by the Adviser of its obligations and duties under this agreementSeries.

Liability of the Adviser. The Adviser shall not be liable to (a) 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 faith, gross negligence, or gross negligence reckless disregard of the obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Fund or to any shareholder of the Fund for any act or omission in the performance 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 any security or by reason of reckless disregard other asset or instrument by the Adviser of its obligations and duties under this agreementFund.

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 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 Absent willful misfeasance, bad faith faith, gross negligence, or gross negligence reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Trust or to any shareholder of the Trust for any act or omission in the performance 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 or by reason of reckless disregard by the Adviser of its obligations and duties under this agreementany 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 indemnify and hold harmless the Trust, its Trustees who are not be liable to interested persons of the Trust or the Adviser, and its shareholders for against any loss suffered and all losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) by the Trust reason of or its shareholders from or as a consequence of any act or omission arising out 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 ’s willful misfeasance, bad faith or gross negligence on the part of the Adviser generally in the performance of its duties hereunder or by reason of its reckless disregard by the Adviser of its obligations and duties under this agreementAgreement.