Liability of the Advisor. Neither the Advisor nor its officers, directors, employees, agents, affiliated persons or controlling persons or assigns shall be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution of securities transactions of a Fund; provided that nothing in this Agreement shall be deemed to protect the Advisor against any liability to a Fund or its shareholders to which the Advisor would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or obligations hereunder or by reason of its reckless disregard of its duties or obligations hereunder.
Appears in 5 contracts
Samples: Investment Advisory Agreement (Brown Capital Management Mutual Funds), Investment Advisory Agreement (Brown Capital Management Mutual Funds), Amended Investment Advisory Agreement (Brown Capital Management Mutual Funds)
Liability of the Advisor. Neither the Advisor nor its officers, directors, employees, agents, affiliated persons or controlling persons or assigns shall be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution of securities transactions of a the Fund; provided that nothing in this Agreement shall be deemed to protect the Advisor against any liability to a the Fund or its shareholders to which the Advisor would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or obligations hereunder or by reason of its reckless disregard of its duties or obligations hereunder.
Appears in 2 contracts
Samples: Investment Advisory Agreement (Thirdline Real Estate Income Fund), Investment Advisory Agreement (FNEX Ventures)
