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

Limitation of Liability of Sub-Adviser. The Sub-Adviser shall not be liable for any error of judgment or import of law, or for any loss suffered by the Trust, any Index Fund or their shareholders in connection with the matters to which this agreement relates, except loss resulting from: (i) willful misfeasance, bad faith or gross negligence on the part of the Sub-Adviser in the performance of its obligations and duties under this agreement; (ii) its reckless disregard of its obligations and duties under this agreement; or (iii) a breach of Section 2.1(c) of this agreement.

Appears in 3 contracts

Samples: Investment Sub Advisory Agreement (State Farm Variable Product Trust), Investment Sub Advisory Agreement (State Farm Variable Product Trust), Investment Sub Advisory Agreement (State Farm Variable Product Trust)

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Limitation of Liability of Sub-Adviser. The Sub-Adviser shall not be liable for any error of judgment or import mistake of law, law or for any loss suffered by the Trust, any Index Fund Funds or their shareholders the Adviser in connection with the matters to which this agreement relatesAgreement relates including, without limitation, losses that may be sustained in connection with the purchase, holding, redemption, or sale of any security on behalf of the Funds, except a loss resulting from: (i) from the willful misfeasance, bad faith or gross negligence on the part of the Sub-Adviser in the performance of its obligations and duties under this agreement; (ii) its or from reckless disregard by it of its obligations and duties under this agreement; or (iii) a breach of Section 2.1(c) of this agreementAgreement.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (Ark Funds/Ma), Investment Sub Advisory Agreement (Ark Funds/Ma)

Limitation of Liability of Sub-Adviser. The Sub-Adviser shall not be liable for any error of judgment or import of law, or for any loss suffered by the Adviser (or any of its affiliates) the Trust, any Index Fund or their its shareholders in connection with the matters to which this agreement relates, except loss losses resulting from: (i) willful misfeasance, bad faith or gross negligence on the part of the Sub-Adviser in the performance of its obligations and duties under this agreement; or (ii) its reckless disregard of its obligations and duties under this agreement; or (iii) a breach of Section 2.1(c) of this agreement.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (State Farm Variable Product Trust), Investment Sub Advisory Agreement (State Farm Variable Product Trust)

Limitation of Liability of Sub-Adviser. The Sub-Adviser shall not be liable for any error of judgment or import of law, or for any loss suffered by the Adviser (or any of its affiliates), the Trust, any Index a Sub-Advised Fund or their its shareholders in connection with the matters to which this agreement relates, except loss losses resulting from: (i) willful misfeasance, bad faith or gross negligence on the part of the Sub-Adviser in the performance of its obligations and duties under this agreement; or (ii) its reckless disregard of its obligations and duties under this agreement; or (iii) a breach of Section 2.1(c) of this agreement.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (State Farm Mutual Fund Trust), Investment Sub Advisory Agreement (State Farm Mutual Fund Trust)

Limitation of Liability of Sub-Adviser. The Sub-Adviser shall not be liable for any error of judgment or import of law, or for any loss suffered by the Trust, any Index the Sub-Advised Fund or their its shareholders in connection with the matters to which this agreement relates, except loss resulting from: (i) willful misfeasance, bad faith or gross negligence on the part of the Sub-Adviser in the performance of its obligations and duties under this agreement; (ii) its reckless disregard of its obligations and duties under this agreement; or (iii) a breach of Section 2.1(c) of this agreement.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (State Farm Mutual Fund Trust)

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Limitation of Liability of Sub-Adviser. The Sub-Adviser shall not be -------------------------------------- liable for any error of judgment or import of law, or for any loss suffered by the Trust, any Index Fund or their shareholders in connection with the matters to which this agreement relates, except loss resulting from: (i) willful misfeasance, bad faith or gross negligence on the part of the Sub-Adviser in the performance of its obligations and duties under this agreement; (ii) its reckless disregard of its obligations and duties under this agreement; or (iii) a breach of Section 2.1(c) of this agreement.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (State Farm Variable Product Trust)

Limitation of Liability of Sub-Adviser. The Sub-Adviser shall not be liable for any error of judgment judgement or import mistake of law, law or for any loss suffered by the Trust, any Index Fund Funds or their shareholders the Adviser in connection with the matters to which this agreement relatesAgreement relates including, without limitation, losses that may be sustained in connection with the purchase, holding, redemption, or sale of any security on behalf of the Funds, except a loss resulting from: (i) from the willful misfeasance, bad faith or gross negligence on the part of the Sub-Adviser in the performance of its obligations and duties under this agreement; (ii) its or from reckless disregard by it of its obligations and duties under this agreement; or (iii) a breach of Section 2.1(c) of this agreementAgreement.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Ark Funds/Ma)

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