Liability; Standard of Care. The Subadviser shall exercise its best judgment in rendering the services under this Agreement. 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 22 contracts
Samples: Sub Advisory Agreement (Fidelity Covington Trust), Sub Advisory Agreement (Fidelity Covington Trust), Sub Advisory Agreement (Fidelity Covington Trust)
Liability; Standard of Care. The Subadviser shall exercise its best judgment in rendering the services under this Agreement. 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 8 contracts
Samples: Sub Advisory Agreement (Fidelity Covington Trust), Sub Advisory Agreement (Fidelity Covington Trust), Sub Advisory Agreement (Fidelity Covington Trust)
Liability; Standard of Care. The Subadviser shall exercise its best judgment in rendering the services under this Agreement. 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 FundFunds, 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 3 contracts
Samples: Sub Advisory Agreement (Fidelity Covington Trust), Sub Advisory Agreement (Fidelity Covington Trust), Sub Advisory Agreement (Fidelity Covington Trust)