Common use of Liability; Standard of Care Clause in Contracts

Liability; Standard of Care. Notwithstanding anything herein to the contrary, neither Subadviser, nor any of its directors, officers or employees, shall be liable to Manager or the Trust for any loss resulting from Subadviser’s acts or omissions as Subadviser to the Fund, except to the extent any such losses result from bad faith, willful misfeasance, reckless disregard or gross negligence on the part of the Subadviser or any of its directors, officers or employees in the performance of the Subadviser’s duties and obligations under this Agreement.

Appears in 180 contracts

Samples: Sub Advisory Agreement (Fidelity Concord Street Trust), Sub Advisory Agreement (Fidelity Concord Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust)

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Liability; Standard of Care. Notwithstanding anything herein to the contrary, neither Subadviser, nor any of its directors, officers or employees, shall be liable to Manager or the Trust for any loss resulting from Subadviser’s acts or omissions as Subadviser to the FundPortfolio, except to the extent any such losses result from bad faith, willful misfeasance, reckless disregard or gross negligence on the part of the Subadviser or any of its directors, officers or employees in the performance of the Subadviser’s duties and obligations under this Agreement.

Appears in 84 contracts

Samples: Sub Advisory Agreement (Fidelity Salem Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust)

Liability; Standard of Care. Notwithstanding anything herein to the contrary, neither Subadviser, nor any of its directors, officers or employees, shall be liable to Manager or the Trust for any loss resulting from Subadviser’s 's acts or omissions as Subadviser to the FundPortfolio, except to the extent any such losses result from bad faith, willful misfeasance, reckless disregard or gross negligence on the part of the Subadviser or any of its directors, officers or employees in the performance of the Subadviser’s 's duties and obligations under this Agreement.

Appears in 71 contracts

Samples: Sub Advisory Agreement (Fidelity Concord Street Trust), Sub Advisory Agreement (Fidelity Concord Street Trust), Sub Advisory Agreement (Fidelity Concord Street Trust)

Liability; Standard of Care. Notwithstanding anything herein to the contrary, neither SubadviserSub-adviser, nor any of its directors, officers or employees, shall be liable to Manager or the Trust for any loss resulting from SubadviserSub-adviser’s acts or omissions as Subadviser Sub-adviser to the FundPortfolio, except to the extent any such losses result from bad faith, willful misfeasance, reckless disregard or gross negligence on the part of the Subadviser Sub-adviser or any of its directors, officers or employees in the performance of the SubadviserSub-adviser’s duties and obligations under this Agreement.

Appears in 35 contracts

Samples: Sub Advisory Agreement (Fidelity Commonwealth Trust II), Sub Advisory Agreement (Fidelity Commonwealth Trust II), Sub Advisory Agreement (Fidelity Commonwealth Trust II)

Liability; Standard of Care. Notwithstanding anything herein to the contrary, neither Subadviser, nor any of its directors, officers or employees, shall be liable to Manager or the Trust for any loss resulting from Subadviser’s 's acts or omissions as Subadviser to the Fund, except to the extent any such losses result from bad faith, willful misfeasance, reckless disregard or gross negligence on the part of the Subadviser or any of its directors, officers or employees in the performance of the Subadviser’s 's duties and obligations under this Agreement.

Appears in 32 contracts

Samples: Sub Advisory Agreement (Fidelity Salem Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust)

Liability; Standard of Care. Notwithstanding anything herein to the contrary, neither Subadviser, nor any of its directors, officers or employees, shall be liable to Manager or the Trust for any loss resulting from SubadviserSubadviser ’s acts or omissions as Subadviser to the Fund, except to the extent any such losses result from bad faith, willful misfeasance, reckless disregard or gross negligence on the part of the Subadviser or any of its directors, officers or employees in the performance of the SubadviserSubadviser ’s duties and obligations under this Agreement.

Appears in 17 contracts

Samples: Sub Advisory Agreement (Variable Insurance Products Fund Ii), Sub Advisory Agreement (Variable Insurance Products Fund Ii), Sub Advisory Agreement (Variable Insurance Products Fund Ii)

Liability; Standard of Care. Notwithstanding anything herein to the contrary, neither SubadviserSub-adviser, nor any of its directors, officers or employees, shall be liable to Manager or the Trust for any loss resulting from Subadviser’s Sub-adviser's acts or omissions as Subadviser Sub-adviser to the FundPortfolio, except to the extent any such losses result from bad faith, willful misfeasance, reckless disregard or gross negligence on the part of the Subadviser Sub-adviser or any of its directors, officers or employees in the performance of the Subadviser’s Sub-adviser's duties and obligations under this Agreement.

Appears in 15 contracts

Samples: Sub Advisory Agreement (Fidelity Commonwealth Trust II), Sub Advisory Agreement (Fidelity Commonwealth Trust II), Sub Advisory Agreement (Fidelity Commonwealth Trust II)

Liability; Standard of Care. Notwithstanding anything herein to the contrary, except as provided in Section 3.2 hereof, neither Subadviser, nor any of its directors, officers or employees, shall be liable to Manager or the Trust for any loss resulting from Subadviser’s 's acts or omissions as Subadviser to the FundPortfolio, except to the extent any such losses result from bad faith, willful misfeasance, reckless disregard or gross negligence on the part of the Subadviser or any of its directors, officers or employees in the performance of the Subadviser’s 's duties and obligations under this Agreement.. 5.2

Appears in 9 contracts

Samples: H) Subadvisory Agreement (Fidelity Concord Street Trust), Subadvisory Agreement (Fidelity Commonwealth Trust), Subadvisory Agreement (Fidelity Concord Street Trust)

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Liability; Standard of Care. Notwithstanding anything herein to the contrary, neither Subadviser, nor any of its directors, officers or employees, shall be liable to Manager or the Trust Company for any loss resulting from Subadviser’s acts or omissions as Subadviser to the Fund, except to the extent any such losses result from bad faith, willful misfeasance, reckless disregard or gross negligence on the part of the Subadviser or any of its directors, officers or employees in the performance of the Subadviser’s duties and obligations under this Agreement.

Appears in 5 contracts

Samples: Sub Advisory Agreement (Fidelity Master Portfolios LLC), Sub Advisory Agreement (Fidelity Master Portfolios LLC), Sub Advisory Agreement (Fidelity Master Portfolios LLC)

Liability; Standard of Care. Notwithstanding anything herein to the contrary, neither Subadviser, nor any of its directors, officers or employees, shall be liable to Manager or the Trust for any loss resulting from SubadviserSubadviser ’s acts or omissions as Subadviser to the FundPortfolio, except to the extent any such losses result from bad faith, willful misfeasance, reckless disregard or gross negligence on the part of the Subadviser or any of its directors, officers or employees in the performance of the SubadviserSubadviser ’s duties and obligations under this Agreement.

Appears in 5 contracts

Samples: Sub Advisory Agreement (Variable Insurance Products Fund Ii), Sub Advisory Agreement (Fidelity Salem Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust)

Liability; Standard of Care. Notwithstanding anything herein Subject to the contraryprovisions of Section 3.2 hereof, neither Subadviser, nor any of its directors, officers or employees, shall be liable to Manager or the Trust for any loss resulting from Subadviser’s 's acts or omissions as Subadviser to the FundPortfolio, except to the extent any such losses result from bad faith, willful misfeasance, reckless disregard or gross negligence on the part of the Subadviser or any of its directors, officers or employees in the performance of the Subadviser’s 's duties and obligations under this Agreement.. 5.2

Appears in 3 contracts

Samples: Fidelity Concord Street Trust, Fidelity Concord Street Trust, Fidelity Concord Street Trust

Liability; Standard of Care. Notwithstanding anything herein to the contrary, except as provided in Section 3.2 hereof, neither Subadviser, nor any of its directors, officers or employees, shall be liable to Manager or the Trust for any loss resulting from Subadviser’s 's acts or omissions as Subadviser to the FundPortfolio, except to the extent any such losses result from bad faith, willful misfeasance, reckless disregard or gross negligence on the part of the Subadviser or any of its directors, officers or employees in the performance of the Subadviser’s 's duties and obligations under this Agreement.

Appears in 1 contract

Samples: Subadvisory Agreement (Fidelity Commonwealth Trust)

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