Common use of Limitation of Liability of JCM Clause in Contracts

Limitation of Liability of JCM. JCM shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken with respect to the Trust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder and except to the extent otherwise provided by law. As used in this Section 14, "JCM" shall include any affiliate of JCM performing services for the Trust contemplated hereunder and directors, officers and employees of JCM and such affiliates.

Appears in 168 contracts

Samples: Investment Advisory Agreement (Clayton Street Trust), Investment Advisory Agreement (Janus Investment Fund), Investment Advisory Agreement (Berger Omni Investment Trust)

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Limitation of Liability of JCM. JCM shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken with respect to the Trust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder and except to the extent otherwise provided by law. As used in this Section 14, "JCM" shall include any affiliate of JCM performing services for the Trust contemplated hereunder and directors, officers and employees of JCM and such affiliates.

Appears in 69 contracts

Samples: Investment Advisory Agreement (Janus Investment Fund), Investment Advisory Agreement (Janus Investment Fund), Investment Advisory Agreement (Janus Investment Fund)

Limitation of Liability of JCM. JCM shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken with respect to the Trust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder and except to the extent otherwise provided by law. As used in this Section 1415, "JCM" shall include any affiliate of JCM performing services for the Trust contemplated hereunder and directors, officers and employees of JCM and such affiliates.

Appears in 41 contracts

Samples: Investment Advisory Agreement (Janus Investment Fund), Investment Advisory Agreement (Janus Investment Fund), Investment Advisory Agreement (Janus Adviser Series)

Limitation of Liability of JCM. JCM shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken with respect to the Trust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder and except to the extent otherwise provided by law. As used in this Section 14, "JCM" shall include any affiliate of JCM performing services for the Trust contemplated hereunder and directors, officers and employees of JCM and such affiliates.this

Appears in 19 contracts

Samples: Investment Advisory Agreement (Janus Investment Fund), Investment Advisory Agreement (Janus Investment Fund), Investment Advisory Agreement (Janus Investment Fund)

Limitation of Liability of JCM. JCM shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken with respect to the Trust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder and except to the extent otherwise provided by law. As used in this Section 14, "JCM" the “Adviser” shall include any affiliate of JCM performing services for the Trust contemplated hereunder and directors, officers and employees of JCM and such affiliates.

Appears in 15 contracts

Samples: Investment Advisory Agreement (Janus Aspen Series), Investment Advisory Agreement (Janus Aspen Series), Investment Advisory Agreement (Janus Aspen Series)

Limitation of Liability of JCM. JCM ~~JCM shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken with respect to the Trust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder and except to the extent otherwise provided by law. As used in this Section 14, "JCM" shall include any affiliate of JCM performing services for the Trust contemplated hereunder and directors, officers and employees of JCM and such affiliates.

Appears in 12 contracts

Samples: Investment Advisory Agreement (Janus Aspen Series), Investment Advisory Agreement (Janus Aspen Series), Investment Advisory Agreement (Janus Aspen Series)

Limitation of Liability of JCM. JCM shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken with respect to the Trust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder and except to the extent otherwise provided by law. As used in this Section 14, "JCM" shall include any affiliate of JCM performing services for the Trust contemplated hereunder and directors, officers and employees of JCM and such affiliates.15,

Appears in 11 contracts

Samples: Investment Advisory Agreement (Janus Aspen Series), Investment Advisory Agreement (Janus Aspen Series), Investment Advisory Agreement (Janus Aspen Series)

Limitation of Liability of JCM. JCM shall not be liable for any error of judgment or mistake of law or law, for any loss arising out of any investment investment, or for any act or omission taken with respect to the Trust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder and except to the extent otherwise provided by law. As used in this Section 1411, "JCM" shall include any affiliate of JCM performing services for the Trust contemplated hereunder and directors, officers and employees of JCM and such affiliates.

Appears in 8 contracts

Samples: Investment Advisory Agreement (Janus Adviser Series), Investment Advisory Agreement (Janus Investment Fund), Investment Advisory Agreement (Janus Adviser Series)

Limitation of Liability of JCM. JCM shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken with respect to the TrustSubsidiary, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder and except to the extent otherwise provided by law. As used in this Section 1413, "JCM" shall include any affiliate of JCM performing services for the Trust Subsidiary contemplated hereunder and directors, officers and employees of JCM and such affiliates.

Appears in 7 contracts

Samples: Investment Advisory Agreement (Janus Aspen Series), Investment Advisory Agreement (Janus Investment Fund), Investment Advisory Agreement (Janus Investment Fund)

Limitation of Liability of JCM. JCM shall not be liable for any error of judgment or mistake of law or law, for any loss arising out of any investment this Agreement, or for any act or omission taken with respect to the Trust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder and except to the extent otherwise provided by law. As used in this Section 1412, "JCM" shall include any affiliate of JCM or any other person retained by JCM performing services for the Trust contemplated hereunder and directors, officers and employees of JCM and such affiliatesaffiliates or any such person.

Appears in 4 contracts

Samples: Administration Agreement (Janus Adviser Series), Administration Agreement (Janus Adviser Series), Administration Agreement (Janus Adviser Series)

Limitation of Liability of JCM. JCM shall not be liable for any error of judgment or mistake of law or law, for any loss arising out of any investment investment, or for any act or omission taken with respect to the Trust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder and except to the extent otherwise provided by law. As used in this Section 1412, "JCM" shall include any affiliate of JCM performing services for the Trust contemplated hereunder and directors, officers and employees of JCM and such affiliates.

Appears in 4 contracts

Samples: Investment Advisory Agreement (Janus Investment Fund), Investment Advisory Agreement (Janus Investment Fund), Investment Advisory Agreement (Janus Investment Fund)

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Limitation of Liability of JCM. JCM shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken with respect to the Trust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder and except to the extent otherwise provided by law. As used in this Section 1413, "JCM" shall include any affiliate of JCM performing services for the Trust contemplated hereunder and directors, officers and employees of JCM and such affiliates.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Janus Adviser Series), Investment Advisory Agreement (Janus Aspen Series)

Limitation of Liability of JCM. JCM shall not be liable for any error of judgment or mistake of law or law, for any loss arising out of any investment investment, or for any act or omission taken with respect to the Trust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder and except to the extent otherwise provided by law. As used in this Section 1411, "JCM" shall include any affiliate of JCM performing services for the Trust contemplated hereunder and directors, officers and employees of JCM and such affiliates.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Janus Investment Fund), Investment Advisory Agreement (Janus Investment Fund)

Limitation of Liability of JCM. JCM shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken with respect to the Trust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder and except to the extent otherwise provided by law. As used in this Section 14, "JCM" shall include any affiliate of JCM performing services for the Trust contemplated hereunder and directors, officers and employees of JCM and such affiliates.,

Appears in 2 contracts

Samples: Investment Advisory Agreement (Janus Investment Fund), Investment Advisory Agreement (Janus Aspen Series)

Limitation of Liability of JCM. JCM shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken with respect to the Trust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder and except to the extent otherwise provided by law. As used in this Section 146, "JCM" shall include any affiliate of JCM performing services for the Trust contemplated hereunder and directors, officers and employees of JCM and such affiliates.

Appears in 2 contracts

Samples: Administrative Services Agreement (Janus Adviser Series), Administrative Services Agreement (Janus Adviser)

Limitation of Liability of JCM. JCM shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken with respect to the Trust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder and except to the extent otherwise provided by law. As used in this Section 14, "the “JCM" shall include any affiliate of JCM performing services for the Trust contemplated hereunder and directors, officers and employees of JCM and such affiliates.

Appears in 1 contract

Samples: Investment Advisory Agreement (Janus Aspen Series)

Limitation of Liability of JCM. JCM shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken take with respect to the Trust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder and except to the extent otherwise provided by law. As used in this Section 14, "JCM" shall include any affiliate of JCM performing services for the Trust contemplated hereunder and directors, officers and employees of JCM and such affiliates.

Appears in 1 contract

Samples: Investment Advisory Agreement (Clayton Street Trust)

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