Common use of Liability of the Investment Adviser Clause in Contracts

Liability of the Investment Adviser. The Investment Adviser shall not be liable for any error of judgment or for any loss suffered by the Fund in connection with performance of its obligations under this Agreement, except a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of, or from reckless disregard by it of its obligations and duties under, this Agreement, or damages resulting from a breach of fiduciary duty with respect to receipt of compensation for services.

Liability of the Investment Adviser. The Investment Adviser shall not be liable for any error of judgment or for any loss suffered by the Fund Trust in connection with performance of its obligations under this Agreement, except a loss loss, resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of, or from reckless disregard by it of its obligations and an duties under, this Agreement, or damages resulting from a breach of fiduciary duty with respect to receipt of compensation for servicesservices or another breach of this Agreement.

Liability of the Investment Adviser. The Investment Adviser shall not be liable for any error In the absence of judgment or for any loss suffered by the Fund in connection with performance of its obligations under this Agreement, except a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Investment Adviser or its part officers, directors or employees, or reckless disregard by the Investment Adviser of its duties under this Agreement, the Investment Adviser shall not be liable to the Company or to any shareholder of the Company for any act or omission in the performance course of, or from reckless disregard by it connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of its obligations and duties under, this Agreement, or damages resulting from a breach of fiduciary duty with respect to receipt of compensation for services.any security

Liability of the Investment Adviser. The Investment Adviser shall not be liable for any error of judgment or for any loss suffered by the Fund Trust in connection with performance of its obligations under this Agreement, except a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of, or from reckless disregard by it of its obligations and duties under, under this Agreement, or damages resulting from a breach of fiduciary duty with respect to receipt of compensation for servicesservices or another breach of this Agreement.

Liability of the Investment Adviser. The Investment Adviser shall not be liable for any error of judgment judgement or for any loss suffered by the Fund Trust in connection with performance of its obligations under this Agreement, except a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of, or from reckless disregard by it of its obligations and duties under, . this Agreement, or damages resulting from a breach of fiduciary duty with respect to receipt of compensation for servicesservices or another breach of this Agreement.