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

Limitation of Liability of Sub-Adviser. Indemnification ----------------------------------------------------------- In consideration of the Sub-Adviser's undertaking to render the services described in this Agreement, the Adviser agrees that the Sub-Adviser shall not be liable for any loss suffered by the Adviser, the Trust, the Authorized Investors or their shareholders, or the Portfolio in connection with the performance of this Agreement, provided that nothing in this Agreement shall be deemed to protect or purport to protect the Sub-Adviser against any liability to the Adviser, the Trust, the Authorized Investors or their shareholders, or the Portfolio to which the Sub-Adviser would otherwise be subject by reason of willful misfeasance, bad faith or negligence in the performance of its duties under this Agreement.

Appears in 6 contracts

Samples: Investment Sub Adviser Agreement (Merrimac Series), Investment Sub Adviser Agreement (Merrimac Series), Investment Sub Adviser Agreement (Merrimac Series)

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Limitation of Liability of Sub-Adviser. Indemnification ----------------------------------------------------------- ------------------------------------------------------- In consideration of the Sub-Adviser's undertaking to render the services described in this Agreement, the Adviser agrees that the Sub-Adviser shall not be liable for any loss suffered by the Adviser, the Trust, the Authorized Investors or their shareholders, or the Portfolio in connection with the performance of this Agreement, provided that nothing in this Agreement shall be deemed to protect or purport to protect the Sub-Adviser against any liability to the Adviser, the Trust, the Authorized Investors or their shareholders, or the Portfolio to which the Sub-Adviser would otherwise be subject by reason of willful misfeasance, bad faith or negligence in the performance of its duties under this Agreement.

Appears in 2 contracts

Samples: Sub Adviser Agreement (Merrimac Master Portfolio), Investment Sub Adviser Agreement (Merrimac Funds)

Limitation of Liability of Sub-Adviser. Indemnification ----------------------------------------------------------- ---------------------------------------------------------- In consideration of the Sub-Adviser's undertaking to render the services described in this Agreement, the Adviser agrees that the Sub-Adviser shall not be liable for any loss suffered by the Adviser, the Trust, the Authorized Investors or their shareholders, or the Portfolio in connection with the performance of this Agreement, provided that nothing in this Agreement shall be deemed to protect or purport to protect the Sub-Adviser against any liability to the Adviser, the Trust, the Authorized Investors or their shareholders, or the Portfolio to which the Sub-Adviser would otherwise be subject by reason of willful misfeasance, bad faith or negligence in the performance of its duties under this Agreement.

Appears in 1 contract

Samples: Sub Adviser Agreement (Merrimac Master Portfolio)

Limitation of Liability of Sub-Adviser. Indemnification ----------------------------------------------------------- In consideration of the Sub-Adviser's undertaking to render the services described in this Agreement, the Adviser agrees that the Sub-Adviser shall not be liable for any loss suffered by the Adviser, the Trust, the Authorized Investors or their shareholders, or the Portfolio in connection with the performance of this Agreement, provided that nothing in this Agreement shall be deemed to protect or purport to protect the Sub-Adviser against any liability to the Adviser, the Trust, the Authorized Investors or their shareholders, or the Portfolio to which the Sub-Adviser would otherwise be subject by reason of willful misfeasance, bad faith or negligence in the performance of its duties under this Agreement.

Appears in 1 contract

Samples: Sub Adviser Agreement (Merrimac Series)

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Limitation of Liability of Sub-Adviser. Indemnification ----------------------------------------------------------- ------------------------------------------------------------ In consideration of the Sub-Adviser's undertaking to render the services described in this Agreement, the Adviser agrees that the Sub-Adviser shall not be liable for any loss suffered by the Adviser, the Trust, the Authorized Investors or their shareholders, or the Portfolio in connection with the performance of this Agreement, provided that nothing in this Agreement shall be deemed to protect or purport to protect the Sub-Adviser against any liability to the Adviser, the Trust, the Authorized Investors or their shareholders, or the Portfolio to which the Sub-Adviser would otherwise be subject by reason of willful misfeasance, bad faith or negligence in the performance of its duties under this Agreement.

Appears in 1 contract

Samples: Investment Sub Adviser Agreement (Merrimac Series)

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