Common use of Limitation of Liability of the Administrator; Indemnification Clause in Contracts

Limitation of Liability of the Administrator; Indemnification. A) The Administrator shall not be liable to the Fund for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing herein contained shall be construed to protect the Administrator against any liability to the Fund, its shareholders, the Administrator, as investment adviser to the Fund, or any sub-investment adviser to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 10 contracts

Samples: Administration Agreement (Brookfield Real Assets Income Fund Inc.), Form of Administration Agreement (Brookfield Investment Funds), Form of Administration Agreement (Brookfield Investment Funds)

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Limitation of Liability of the Administrator; Indemnification. A) The Administrator shall not be liable to the Fund for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing herein contained shall be construed to protect the Administrator against any liability to the Fund, its shareholders, the Administrator, as investment adviser to the Fund, or any sub-investment adviser to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 5 contracts

Samples: Administration Agreement (Brookfield Investment Funds), Administration Agreement (Oaktree Diversified Income Fund Inc.), Administration Agreement (Oaktree Diversified Income Fund Inc.)

Limitation of Liability of the Administrator; Indemnification. (A) The Administrator shall not be liable to the Fund for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing herein contained shall be construed to protect the Administrator against any liability to the Fund, its shareholders, the Administrator, as investment adviser to the Fund, or any sub-investment adviser to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 2 contracts

Samples: Administration Agreement (Brookfield Infrastructure Income Fund Inc.), Administration Agreement (Brookfield Infrastructure Income Fund Inc.)

Limitation of Liability of the Administrator; Indemnification. A(a) The Administrator shall not be liable to the Fund for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing herein contained shall be construed to protect the Administrator administrator against any liability to the Fund, its shareholders, the Administrator, as investment adviser to the Fund, shareholders or any sub-investment adviser to which the Administrator shall otherwise be subject by reason reasons of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 2 contracts

Samples: Administration Agreement (Merrill Lynch Senior Floating Rate Fund Ii Inc), Administration Agreement (Merrill Lynch Senior Floating Rate Fund Ii Inc)

Limitation of Liability of the Administrator; Indemnification. A) The Administrator shall not be liable to the Fund for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing herein contained shall be construed to protect the Administrator against any liability to the Fund, its shareholders, the Administrator, as the investment adviser to the Fund, or any sub-investment adviser to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 2 contracts

Samples: Administration Agreement (Brookfield Investment Funds), Administration Agreement (Brookfield Investment Funds)

Limitation of Liability of the Administrator; Indemnification. A(a) The Administrator shall not be liable to the Fund or the Investment Adviser for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing herein contained shall be construed to protect the Administrator against any liability to the Fund, its shareholders, the Administrator, as investment adviser to the Fund, Investment Adviser or any sub-investment adviser to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 2 contracts

Samples: Administration Agreement (Hyperion Strategic Mortgage Income Fund Inc), Administration Agreement (Quadrant Fund, Inc.)

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Limitation of Liability of the Administrator; Indemnification. (A) The Administrator shall not be liable to the Fund for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing herein contained shall be construed to protect the Administrator against any liability to the Fund, its shareholders, the Administrator, as investment adviser to the Fund, or any sub-investment adviser to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 1 contract

Samples: Administration Agreement (Center Coast Brookfield MLP & Energy Infrastructure Fund)

Limitation of Liability of the Administrator; Indemnification. A(a) The Administrator shall not be liable to the Fund for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing herein contained shall be construed to protect the Administrator against any liability to the Fund, its shareholders, the Administrator, as investment adviser to the Fund, shareholders or any sub-investment adviser to which the Administrator shall otherwise be subject by reason reasons of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its obligations and duties hereunder.

Appears in 1 contract

Samples: Administration Agreement (Merrill Lynch Sr Float Rate Fd)

Limitation of Liability of the Administrator; Indemnification. A(a) The Administrator shall not be liable to the Fund or the Investment Adviser for any error of judgment or mistake of law or for any loss arising out of any act or omission by the Administrator in the performance of its duties hereunder. Nothing herein contained shall be construed to protect the Administrator against any liability to the Fund, its shareholders, the Administrator, as investment adviser to the Fund, Investment Adviser or any sub-investment adviser to which the Administrator shall otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties, or by reckless disregard of its s obligations and duties hereunder.

Appears in 1 contract

Samples: Administration Agreement (Hyperion Total Return Fund Inc)

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