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

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with any investment policy or the purchase, sale or retention of any securities on the recommendation of the Adviser; provided, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under this Agreement.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund Portfolio in connection with any investment policy or the purchase, sale or retention of any securities on the recommendation of the Adviser; provided, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund Portfolio by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under this Agreement.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with any investment policy or the purchase, sale or retention of any securities on the recommendation of the Adviser; providedprovided , however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under this Agreement.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or judgment, mistake of law or for any other loss whatsoever suffered by the Fund Trust in connection with any investment policy or the purchaseperformance of this Agreement, sale or retention except a loss resulting from a breach of any securities on fiduciary duty with respect to the recommendation receipt of the Adviser; provided, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Adviser in the performance of its duties, duties or by reason of from reckless disregard by it of its obligations and duties under this Agreement.

Limitation of Liability of the Adviser. The Adviser and its Directors, officers and employees, shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with arising out of any investment policy or for any act or omission in the purchase, sale or retention of any securities on the recommendation execution and management of the Adviser; providedFund, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of except for willful misfeasance, bad faith or gross negligence in the performance of its or their duties, or by reason of reckless disregard of its or their obligations and duties under this Agreementhereunder.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with arising out of any investment policy or for any act or omission in the purchase, sale or retention of any securities on the recommendation management of the Adviser; providedTrust, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of except for (i) willful misfeasance, bad faith or gross negligence in the performance of its duties, duties or by reason of reckless disregard of its obligations and duties under this Agreementhereunder, and (ii) to the extent specified in section 26(b) of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with arising out of any investment policy or for any act or omission in the purchase, sale or retention of any securities on the recommendation execution and management of the Adviser; providedTrust, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under this Agreement.,

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund Trust in connection with any investment policy or the purchase, sale or retention of any securities on the recommendation of the Adviser; provided, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund Trust by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under this Agreement.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with any investment policy or the purchasematters to which this Agreement relates, sale or retention except a loss resulting from a breach of any securities on the recommendation of the Adviser; provided, however, that nothing herein contained shall be construed to protect the Adviser against any liability fiduciary duty with respect to the Fund by reason receipt of compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence by it in the performance of its duties, duties or by reason of from reckless disregard by it of its obligations and duties under this Agreement.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with arising out of any investment policy or for any act or omission in the purchase, sale or retention execution and management of any securities on the recommendation of the Adviser; providedFund, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under hereunder. As used in this AgreementArticle 6, the term "Adviser" shall include Directors, officers and employees of the Adviser as well as the corporation itself.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with arising out of any investment policy or for any act or omission in the purchase, sale or retention of any securities on the recommendation execution and management of the Adviser; providedFund, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under hereunder. As used in this AgreementArticle 7, the term "Adviser" shall include directors, officers and employees of the Adviser as well as the corporation itself.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or judgment, mistake of law or for any law, loss suffered by the Fund in connection with arising out of any investment policy or act or omission in the purchaseexecution of securities transactions for the Trust, sale or retention of any securities on the recommendation of the Adviser; provided, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under hereunder. As used in this AgreementSection 5, the term "Adviser" shall include directors, officers and employees of the Adviser.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with arising out of any investment policy or for any act or omission in the purchase, sale or retention of any securities on the recommendation execution and management of the Adviser; providedFund, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under hereunder. As used in this AgreementARTICLE 5, the term "Adviser" shall include directors, officers and employees of the Adviser as well as the corporation itself.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with any investment policy or the purchasematters to which this agreement relates, sale or retention of any securities on the recommendation of the Adviser; provided, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of except a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Adviser in the performance of its duties, duties or by reason of from reckless disregard by the Adviser of its obligations and duties under this Agreementagreement.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with any investment policy or the purchase, sale or retention of any securities on the recommendation of the Adviser; provided, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under this Agreementagreement.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with arising out of any investment policy or the purchase, sale for any act or retention of any securities on the recommendation omission in carrying out its duties under this Agreement and management of the Adviser; providedFund, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under hereunder. As used in this AgreementARTICLE 5, the term "Adviser" shall include directors, officers and employees of the Adviser as well as the Adviser itself.

Limitation of Liability of the Adviser. The the Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with arising out of any investment policy or the purchase, sale for any act or retention of any securities on the recommendation of the Adviser; provided, however, that nothing herein contained shall be construed to protect the Adviser against any liability omission taken with respect to the Fund by reason of Trust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under this Agreement.hereunder and except to the extent otherwise provided by law. As used in this

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with arising out of any investment policy or for any act or omission in the purchaseexecution of portfolio transactions for the Fund, sale or retention of any securities on the recommendation of the Adviser; provided, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under hereunder. As used in this AgreementSection 5, the term "Adviser" shall include directors, officers and employees of the Adviser as well as the association itself.

Limitation of Liability of the Adviser. The Except for those services provided pursuant to Section 2(c) above, the Adviser shall will not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with any investment policy or the purchase, sale or retention of any securities on the recommendation of the Adviser; provided, however, that nothing herein matters dealt with under this Agreement. Nothing contained in this Agreement shall be construed to protect the Adviser against any liability to which the Fund Adviser shall otherwise be subject by reason of willful misfeasance, bad faith faith, or gross negligence in the performance of its dutiesduties to the Fund, or by reason of reckless disregard of its the Adviser's obligations and duties under this Agreement, or the violation of any applicable law.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with arising out of any investment policy or for any act or omission in the purchase, sale or retention of any securities on the recommendation execution and management of the Adviser; providedTrust, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under this Agreement.except for willful

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with arising out of any investment policy or for any act or omission in the purchaseexecution of securities transactions for the Fund, sale or retention of any securities on the recommendation of the Adviser; provided, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under hereunder. As used in this AgreementSection 5, the term "Adviser" shall include officers and employees of the Adviser as well as the Adviser itself.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with arising out of any investment policy or for any act or omission in the purchase, sale or retention of any securities on the recommendation execution and management of the Adviser; providedFund, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under hereunder. As used in this AgreementArticle 5, the term "Adviser" shall include Directors, officers and employees of the Adviser as well as that corporation itself.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with arising out of any investment policy or for any act or omission in the purchase, sale or retention of any securities on the recommendation execution and management of the Adviser; providedFund, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its duties and obligations hereunder. As used in this Section 5, the term "Adviser" shall include directors, officers and duties under this Agreementemployees of the Adviser as well as the corporation itself.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with arising out of any investment policy or for any act or omission in the purchase, sale or retention of any securities on the recommendation execution and management of the Adviser; providedFund, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its duties and obligations hereunder. As used in this Article 5, the term "Adviser" shall include directors, officers and duties under this Agreementemployees of the Adviser as well as the corporation itself.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with arising out of any investment policy or for any act or omission in the purchase, sale or retention of any securities on the recommendation execution and management of the Adviser; providedFund, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under hereunder. As used in this AgreementSection 5, the term "Adviser" shall include Directors, officers and employees of the Adviser as well as the corporation itself.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with any investment policy or the purchase, sale or retention of any securities on the recommendation of the Adviser; providedPROVIDED, howeverHOWEVER, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under this Agreement.

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with arising out of any investment policy or for any act or omission in the purchase, sale or retention of any securities on the recommendation execution and management of the Adviser; providedFund, however, that nothing herein contained shall be construed to protect the Adviser against any liability to the Fund by reason of except for willful misfeasance, bad faith or faith, gross negligence in the performance of its duties, or by reason of reckless disregard of its duties and obligations and duties under this Agreement.hereunder. As used