Common use of Liability of the Manager Clause in Contracts

Liability of the Manager. 14.1. The Manager will act at all times in good faith and with due skill. 14.2. The Manager shall not be liable for any loss to the Investor arising from any investment decision made or advised in accordance with the Investment Objective and the Investment Restrictions or for other action in accordance with this Agreement, except to the extent that such loss is directly due to the negligence or willful default or fraud of the Manager, or of its Associates or any of their respective employees. 14.3. Subject to Clauses 7 and 14.1, the Manager shall not be liable for any defaults of any counterparty, agent, banker, nominee or other person or entity which holds money, investments or documents of title for the Fund, other than such party which is its Associate. 14.4. In the event of any failure, interruption or delay in the performance of the Manager’s obligations resulting from acts, events or circumstances not reasonably within its control including but not limited to war, riot, civil commotion, terrorism or threat thereof, acts or regulations of any governmental or supranational bodies or authorities and breakdown, failure or malfunction of any telecommunications or computer service or systems, the Manager shall not be liable or have any responsibility of any kind for any loss or damage thereby incurred or suffered by the Investor. 14.5. The Manager does not give any representations or warranty as to the performance of the Portfolio. The Investor acknowledges that SEIS Investments are high-risk investments. There is a restricted market for such Investments and it may, therefore, be difficult to sell the Investments or to obtain reliable information about their value. The Investor undertakes that he/she has himself/herself considered the appropriateness of an investment in SEIS Qualifying Companies carefully and has noted the risk warnings set out in the Information Memorandum about the Fund.

Appears in 2 contracts

Samples: Investment Management Agreement, Investment Management Agreement

AutoNDA by SimpleDocs

Liability of the Manager. 14.1. The Manager will act at all times in good faith and with due skill. 14.2. The Manager shall not be liable for any loss to the Investor arising from any investment decision made or advised in accordance with the Investment Objective and the Investment Restrictions or for other action in accordance with this Agreement, except to the extent that such loss is directly due to the negligence or willful default or fraud of the Manager, or of its Associates or any of their respective employees. 14.3. Subject to Clauses 7 and 14.1, the Manager shall not be liable for any defaults of any counterparty, agent, banker, nominee or other person or entity which holds money, investments or documents of title for the Fund, other than such party which is its Associate. 14.4. In the event of any failure, interruption or delay in the performance of the Manager’s obligations resulting from acts, events or circumstances not reasonably within its control including but not limited to war, riot, civil commotion, terrorism or threat thereof, acts or regulations of any governmental or supranational bodies or authorities and breakdown, failure or malfunction of any telecommunications or computer service or systems, the Manager shall not be liable or have any responsibility of any kind for any loss or damage thereby incurred or suffered by the Investor. 14.5. The Manager does not give any representations or warranty as to the performance of the Portfolio. The Investor acknowledges that SEIS EIS Investments are high-risk investments. There is a restricted market for such Investments and it may, therefore, be difficult to sell the Investments or to obtain reliable information about their value. The Investor undertakes that he/she has himself/herself considered the appropriateness of an investment in SEIS EIS Qualifying Companies carefully and has noted the risk warnings set out in the Information Memorandum about the Fund.

Appears in 2 contracts

Samples: Investment Management Agreement, Investment Management Agreement

Liability of the Manager. 14.1. The Manager will act at all times in good faith and with due skill. 14.2. The Manager shall not be liable for any direct, indirect or consequential loss to the Investor arising from any investment or disposal decision made or advised in accordance with the Investment Objective and the Investment Restrictions or for other action in accordance with this Agreement, except to the extent that such loss is directly due to the negligence or willful default or fraud of the Manager, or of its Associates or any of their respective employees. 14.3. Subject to Clauses 7 and 14.1, the Manager shall not be liable for any defaults of any counterparty, agent, banker, nominee or other person or entity which holds money, investments or documents of title for the Fund, other than such party which is its Associate. 14.4. In the event of any failure, interruption or delay in the performance of the Manager’s obligations resulting from acts, events or circumstances not reasonably within its control including but not limited to war, riot, civil commotion, terrorism or threat thereof, acts or regulations of any governmental or supranational bodies or authorities and breakdown, failure or malfunction of any telecommunications or computer service or systems, the Manager shall not be liable or have any responsibility of any kind for any loss or damage thereby incurred or suffered by the Investor. 14.5. The Manager does not give any representations or warranty as to the performance of the Portfolio. The Investor acknowledges that SEIS EIS Investments are high-risk investments. There is a restricted market for such Investments and it may, therefore, be difficult to sell the Investments or to obtain reliable information about their value. The Investor undertakes that he/she has himself/herself considered the appropriateness suitability of an investment in SEIS EIS Qualifying Companies carefully and has noted the risk warnings set out in the Information Memorandum about the Fund.

Appears in 1 contract

Samples: Investment Management Agreement

Liability of the Manager. 14.1. The Manager will act at all times in good faith and with due skill. 14.2. The Manager shall not be liable for any loss to the Investor arising from any investment decision made or advised in accordance with the Investment Objective and the Investment Restrictions or for other action in accordance with this Agreement, except to the extent that such loss is directly due to the negligence or willful default or fraud of the Manager, or of its Associates or any of their respective employees. 14.3. Subject to Clauses 7 and 14.1, the Manager shall not be liable for any defaults of any counterparty, agent, banker, nominee or other person or entity which holds money, investments or documents of title for the Fund, other than such party which is its Associate. 14.4. In the event of any failure, interruption or delay in the performance of the Manager’s obligations resulting from acts, events or circumstances not reasonably within its control including but not limited to war, riot, civil commotion, terrorism or threat thereof, acts or regulations of any governmental or supranational bodies or authorities and breakdown, failure or malfunction of any telecommunications or computer service or systems, the Manager shall not be liable or have any responsibility of any kind for any loss or damage thereby incurred or suffered by the Investor. 14.5. The Manager does not give any representations or warranty as to the performance of the Portfolio. The Investor acknowledges that SEIS (S)EIS Investments are high-risk investments. There is a restricted market for such Investments and it may, therefore, be difficult to sell the Investments or to obtain reliable information about their value. The Investor undertakes that he/she has himself/herself considered the appropriateness of an investment in SEIS (S)EIS Qualifying Companies carefully and has noted the risk warnings set out in the Information Memorandum about the Fund.

Appears in 1 contract

Samples: Investment Management Agreement

AutoNDA by SimpleDocs

Liability of the Manager. 14.1. The Manager will act at all times in good faith and with due skill. 14.2. The Manager shall not be liable for any loss to the Investor arising from any investment decision made or advised in accordance with the Investment Objective and the Investment Restrictions or for other action in accordance with this Agreement, except to the extent that such loss is directly due to the negligence or willful default or fraud of the Manager, or of its Associates or any of their respective employees. 14.3. Subject to Clauses 7 and 14.1, the Manager shall not be liable for any defaults of any counterparty, agent, banker, nominee or other person or entity which holds money, investments or documents of title for the Fund, other than such party which is its Associate. 14.4. In the event of any failure, interruption or delay in the performance of the Manager’s obligations resulting from acts, events or circumstances not reasonably within its control including but not limited to war, riot, civil commotion, terrorism or threat thereof, acts or regulations of any governmental or supranational bodies or authorities and breakdown, failure or malfunction of any telecommunications or computer service or systems, the Manager shall not be liable or have any responsibility of any kind for any loss or damage thereby incurred or suffered by the Investor. 14.5. The Manager does not give any representations or warranty as to the performance of the Portfolio. The Investor acknowledges that SEIS EIS Investments are high-risk investments. There is a restricted market for such Investments and it may, therefore, be difficult to sell the Investments or to obtain reliable information about their value. The Investor undertakes that he/she has himself/herself considered the appropriateness suitability of an investment in SEIS EIS Qualifying Companies carefully and has noted the risk warnings set out in the Information Memorandum about the Fund.

Appears in 1 contract

Samples: Investment Management Agreement

Liability of the Manager. 14.1. 14.1 The Manager will act at all times in good faith and with due skill. 14.2. 14.2 The Manager shall not be liable for any loss to the Investor arising from any investment decision made or advised in accordance with the Investment Objective and the Investment Restrictions or for other action in accordance with this Agreement, except to the extent that such loss is directly due to the negligence or willful default or fraud of the Manager, or of its Associates or any of their respective employees. 14.3. 14.3 Subject to Clauses 7 and 14.1, the Manager shall not be liable for any defaults of any counterparty, agent, banker, nominee or other person or entity which holds money, investments or documents of title for the Fund, other than such party which is its Associate. 14.4. 14.4 In the event of any failure, interruption or delay in the performance of the Manager’s obligations resulting from acts, events or circumstances not reasonably within its control including but not limited to war, riot, civil commotion, terrorism or threat thereof, acts or regulations of any governmental or supranational bodies or authorities and breakdown, failure or malfunction of any telecommunications or computer service or systems, the Manager shall not be liable or have any responsibility of any kind for any loss or damage thereby incurred or suffered by the Investor. 14.5. 14.5 The Manager does not give any representations or warranty as to the performance of the Portfolio. The Investor acknowledges that SEIS EIS Investments are high-risk investments. There is a restricted market for such Investments and it may, therefore, be difficult to sell the Investments or to obtain reliable information about their value. The Investor undertakes that he/she has himself/herself considered the appropriateness of an investment in SEIS EIS Qualifying Companies carefully and has noted the risk warnings set out in the Information Memorandum about the Fund.

Appears in 1 contract

Samples: Investment Management Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!