Common use of Limitation of Liability of Adviser and its Personnel Clause in Contracts

Limitation of Liability of Adviser and its Personnel. Neither the Adviser nor any director, manager, officer or employee of the Adviser performing services for the Company at the direction or request of the Adviser in connection with the Adviser's discharge of its obligations hereunder shall be liable for any error of judgment or mistake of law or for any loss suffered by the Company in connection with any matter to which this Agreement relates, and the Adviser shall not be responsible for any action of the Directors of the Company in following or declining to follow any advice or recommendation of the Adviser or any sub-adviser retained by the Adviser pursuant to Section 9 of this Agreement; PROVIDED, that nothing herein contained shall be construed (i) to protect the Adviser against any liability to the Company or its shareholders to which the Adviser would otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of the Adviser's duties, or by reason of the Adviser's reckless disregard of its obligations and duties under this Agreement, or

Limitation of Liability of Adviser and its Personnel. Neither the Adviser nor any director, manager, officer or employee of the Adviser performing services for the Company Fund at the direction or request of the Adviser in connection with the Adviser's discharge of its obligations hereunder shall be liable for any error of judgment or mistake of law or for any loss suffered by the Company Fund in connection with any matter to which this Agreement relates, and the Adviser shall not be responsible for any action of the Directors of the Company Fund in following or declining to follow any advice or recommendation of the Adviser or any sub-adviser retained by the Adviser pursuant to Section 9 of this AgreementAdviser; PROVIDED, that nothing herein contained shall be construed (i) to protect the Adviser against any liability to the Company Fund or its shareholders to which the Adviser would otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of the Adviser's duties, or by reason of the Adviser's reckless disregard of its obligations and duties under this Agreement, oror (ii) to protect any director, officer or employee of the Adviser who is or was a Director or officer of the Fund against any liability of the Fund or its shareholders to which such person would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such person's office with the Fund.

Limitation of Liability of Adviser and its Personnel. Neither the Adviser nor any director, manager, officer or of employee of the Adviser performing services for the Company Fund at the direction or request of the Adviser in connection with the Adviser's discharge of its obligations hereunder shall be liable for any error of judgment or mistake of law or for any loss suffered by the Company Fund in connection with any matter to which this Agreement relates, and the Adviser shall not be responsible for any action of the Directors of the Company Fund in following or declining to follow any advice or recommendation of the Adviser or any sub-adviser retained by the Adviser pursuant to Section 9 7 of this Agreement; PROVIDEDprovided, that nothing herein contained shall be construed (i) to protect the Adviser against any liability to the Company Fund or its shareholders to which the Adviser would otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of the Adviser's duties, or by reason of the Adviser's reckless disregard of its obligations and duties under this Agreement, oror (ii) to protect any director, officer or employee of the Adviser who is or was a Director or officer of the Fund against any liability of the Fund or its shareholders to which such person would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such person's office with the Fund.

Limitation of Liability of Adviser and its Personnel. Neither the Adviser nor any director, manager, officer or employee of the Adviser performing services for the Company Fund, at the direction or request of the Adviser Adviser, or in connection with the Adviser's ’s discharge of its obligations hereunder shall be liable for any error of judgment or mistake of law or for any loss suffered by the Company Fund in connection with any matter to which this Agreement relates, and the Adviser shall not be responsible for any action of the Directors of the Company in following or declining to follow any advice or recommendation of the Adviser Fund or any subSub-adviser Adviser retained by the Adviser pursuant to Section 9 1 of this Agreement; PROVIDED, that nothing herein contained shall be construed (i) to protect the Adviser against any liability to the Company Fund or its shareholders to which the Adviser would otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of the Adviser's ’s duties, or by reason of the Adviser's ’s reckless disregard of its obligations and duties under this Agreement, oror (ii) to protect any director, manager, officer or employee of the Adviser who is or was a Director or officer of the Fund against any liability of the Fund or its shareholders to which such person would otherwise be subject by reason of willful misfeasance, bad faith, negligence or reckless disregard of the duties involved in the conduct of such person’s office with the Fund.