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

Limitation of Liability of the Administrator. The duties of the Administrator shall be confined to those expressly set forth in this Agreement, and no implied duties are assumed by or may be asserted against the Administrator. The Administrator shall not be liable for any error of judgment, mistake of law, loss or damage suffered by the Funds in connection with any investment, or any act or omission of the Administrator in carrying out its duties under this Agreement, except a loss or damage resulting directly from willful misconduct or gross negligence on the part of the Administrator in the performance of its duties under this Agreement, or from reckless disregard by the Administrator of its obligations under this Agreement. For purposes of this Section 5 and in Section 6 below, the term “Administrator” shall include directors, officers, employees, and other agents of the Administrator, as well as the Administrator itself.

Limitation of Liability of the Administrator. The duties of the Administrator shall be confined to those expressly set forth in this Agreement, and no implied duties are assumed by or may be asserted against the Administrator. The Administrator shall not be liable for any error of judgment, mistake of law, loss or damage suffered by the Funds in connection with any investment, or any act or omission of the Administrator in carrying out its duties under this Agreement, except a loss or damage resulting directly from willful misconduct or gross negligence on the part of the Administrator in the performance of its duties under this Agreement, or from reckless disregard by the Administrator of its obligations under this Agreement. For purposes of this Section 5 and in Section 6 below, the term “"Administrator” " shall include directors, officers, employees, and other agents of the Administrator, as well as the Administrator itself.

Limitation of Liability of the Administrator. The duties of the Administrator shall be confined to those expressly set forth in this Agreementherein, and no implied duties are assumed by or may be asserted against the AdministratorAdministrator hereunder. The Administrator shall not be liable for any error of judgment, judgment or mistake of law, law or for any loss or damage suffered by the Funds in connection with any investment, or arising out of any act or omission of the Administrator in carrying out its duties under this Agreementhereunder, except a loss or damage resulting directly from willful misconduct misfeasance, bad faith or gross negligence on the part of the Administrator in the performance of its duties under this Agreementduties, or from by reason of reckless disregard by the Administrator of its obligations and duties hereunder, except as may otherwise be provided under provisions of applicable law which cannot be waived or modified hereby. (As used in this Agreement. For purposes of this Section 5 and in Section 6 belowArticle 5, the term “"Administrator” " shall include directorspartners, officers, employees, employees and other agents of the Administrator, Administrator as well as the Administrator itself.)