Common use of Limitation of Liability of Sub-Adviser Clause in Contracts

Limitation of Liability of Sub-Adviser. Sub-Adviser will not be liable for any claims, liabilities, damages, costs or losses ("collectively" claims) arising out of this Agreement, except to the extent such claims arise out of: (a) Sub-Adviser's negligence, bad faith or willful misfeasance; or (b) Sub-Adviser's breach of this Agreement. Nothing in this Section 11 will be deemed a waiver or limitation of any obligation or duty that may not by law be waived or limited.

Appears in 15 contracts

Samples: Sub Advisory Agreement (Schwab Capital Trust), Investment Sub Advisory Agreement (Schwab Capital Trust), Investment Sub Advisory Agreement (Schwab Capital Trust)

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Limitation of Liability of Sub-Adviser. Sub-Adviser will not be liable for any claims, liabilities, damages, costs or losses ("collectively" claims) arising out of this Agreement, except to the extent such claims arise out of: (a) Sub-Adviser's ’s negligence, bad faith or willful misfeasance; or (b) Sub-Adviser's ’s material breach of this Agreement. Nothing in this Section 11 will be deemed a waiver or limitation of any obligation or duty that may not by law be waived or limited.

Appears in 8 contracts

Samples: Investment Sub Advisory Agreement (Schwab Capital Trust), Investment Sub Advisory Agreement (Laudus Institutional Trust), Investment Sub Advisory Agreement (Laudus Trust)

Limitation of Liability of Sub-Adviser. Sub-Adviser will not be liable for any claims, liabilities, damages, costs or losses ("collectively" claims) arising out of this Agreement, except to the extent such claims arise out of: (a) Sub-Adviser's ’s negligence, bad faith or willful misfeasance; or (b) Sub-Adviser's ’s breach of this Agreement. Nothing in this Section 11 will be deemed a waiver or limitation of any obligation or duty that may not by law be waived or limited.

Appears in 8 contracts

Samples: Investment Sub Advisory Agreement (Schwab Capital Trust), Investment Sub Advisory Agreement (Schwab Capital Trust), Agreement (Schwab Capital Trust)

Limitation of Liability of Sub-Adviser. Sub-Adviser will not be liable for any claims, liabilities, damages, costs or losses ("collectively" collectively “claims) arising out of this Agreement, except to the extent such claims arise out of: (a) Sub-Adviser's ’s negligence, bad faith or willful misfeasance; or (b) Sub-Adviser's ’s breach of this Agreement. Nothing in this Section 11 will be deemed a waiver or limitation of any obligation or duty that may not by law be waived or limited.

Appears in 3 contracts

Samples: Investment Sub Advisory Agreement (Schwab Strategic Trust), Investment Sub Advisory Agreement (Schwab Capital Trust), Investment Sub Advisory Agreement (Schwab Capital Trust)

Limitation of Liability of Sub-Adviser. Sub-Adviser will not be liable for any claims, liabilities, damages, costs or losses ("collectively" claims) arising out of this Agreement, except to the extent such claims arise out of: (a) Sub-Adviser's negligence, bad faith or willful misfeasance; or (b) Sub-Adviser's material breach of this Agreement. Nothing in this Section 11 will be deemed a waiver or limitation of any obligation or duty that may not by law be waived or limited.

Appears in 3 contracts

Samples: Investment Sub Advisory Agreement (Schwab Capital Trust), Investment Sub Advisory Agreement (Laudus Institutional Trust), Investment Sub Advisory Agreement (Laudus Trust)

Limitation of Liability of Sub-Adviser. Sub-Adviser will not be liable for any claims, liabilities, damages, costs or losses ("collectively" collectively “claims) arising out of this Agreement, except to the extent such claims arise out of: of (ai) Sub-Adviser's ’s negligence, bad faith or willful misfeasance; or (bii) Sub-Adviser's breach of this Agreement’s failure to comply with the applicable laws set forth in Section 2(e). Nothing in this Section 11 will be deemed a waiver or limitation of any obligation or duty that may not by law be waived or limited.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Schwab Capital Trust)

Limitation of Liability of Sub-Adviser. Sub-Adviser will not be liable for any claims, liabilities, damages, costs or losses ("collectively" collectively “claims) arising out of this Agreement, except to the extent such claims arise out of: (a) Sub-Adviser's ’s negligence, bad faith or willful misfeasance; or (b) Sub-Adviser's ’s material breach of this Agreement. Nothing in this Section 11 12 will be deemed a waiver or limitation of any obligation or duty that may not by law be waived or limited.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Laudus Trust)

Limitation of Liability of Sub-Adviser. Sub-Adviser will not be liable for any claims, liabilities, damages, costs or losses ("collectively" collectively “claims) arising out of this Agreement, except to the extent such claims arise out of: (a) Sub-Adviser's ’s negligence, bad faith or willful misfeasance; or (b) Sub-Adviser's ’s breach of this Agreement. Nothing in this Section 11 12 will be deemed a waiver or limitation of any obligation or duty that may not by law be waived or limited.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Laudus Trust)

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Limitation of Liability of Sub-Adviser. Sub-Adviser will not be liable for any claims, liabilities, damages, costs or losses ("collectively" claims) arising out of this Agreement, except to the extent such claims arise out of: (a) Sub-Adviser's negligence, bad faith or willful misfeasance; or (b) Sub-Adviser's breach of this Agreement. Nothing in this Section 11 will be deemed a waiver or limitation of any obligation or duty that may not by law be waived or limited.to

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Schwab Capital Trust)

Limitation of Liability of Sub-Adviser. Sub-Adviser and its affiliates will not be liable for any claims, liabilities, damages, costs (including reasonable attorney’s fees) or losses ("collectively" collectively “claims) arising out of this Agreement, except to the extent such claims arise out of: (a) Sub-Adviser's ’s negligence, bad faith or willful misfeasance; or (b) Sub-Adviser's ’s material breach of this Agreement. Nothing in this Section 11 will be deemed a waiver or limitation of any obligation or duty that may not by law be waived or limited.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Laudus Trust)

Limitation of Liability of Sub-Adviser. Sub-Adviser will not be liable for any claims, liabilities, damages, costs or losses ("collectively" claims) arising out of this Agreement, except to the extent such claims arise out of: (a) Sub-Adviser's or Agent's negligence, bad faith or willful misfeasance; or (b) Sub-Adviser's or Agent's breach of this Agreement. Nothing in this Section 11 will be deemed a waiver or limitation of any obligation or duty that may not by law be waived or limited.

Appears in 1 contract

Samples: Sub Advisory Agreement (Schwab Capital Trust)

Limitation of Liability of Sub-Adviser. Sub-Adviser will not be liable for any claims, liabilities, damages, costs or losses ("collectively" collectively “claims) arising out of this Agreement, except to the extent such claims arise out of: (a) Sub-Adviser's ’s negligence, bad faith or willful misfeasance; or (b) Sub-Adviser's ’s material breach of this Agreement. Nothing in this Section 11 will be deemed a waiver or limitation of any obligation or duty that may not by law be waived or limited.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Schwab Capital Trust)

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