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

Limitation of Liability of the Advisor. The Advisor shall not be liable for any act or omission of any other person or entity exercising a fiduciary responsibility, if such fiduciary responsibility has been allocated to such other person or entity in accordance with this Agreement, the Declaration of Trust, the Fund Declaration, the Plans or the Trusts, except to the extent that the Advisor has itself violated its fiduciary responsibility or its obligations under this Agreement, or except to the extent that applicable law (including ERISA) may expressly provide otherwise.

Appears in 33 contracts

Samples: Investment Advisor Agreement, Investment Advisor Agreement (American Bar Association Members / Northern Trust Collective Tr), Investment Advisor Agreement (American Bar Association Members / Northern Trust Collective Tr)

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Limitation of Liability of the Advisor. The Advisor shall not be liable for any act or omission of any other person or entity exercising a fiduciary responsibility, if such fiduciary responsibility has been allocated to such other person or entity in accordance with this Agreement, the Declaration of Trust, the Fund Declaration, the Plans or the Trusts, except to the extent that (i) the Advisor has itself violated its fiduciary responsibility under Applicable Law (including ERISA) or its obligations under this Agreement, or except to the extent that applicable law (ii) Applicable Law (including ERISA) may expressly provide otherwise.

Appears in 12 contracts

Samples: Investment Advisor Agreement (American Bar Association Members State Street Collective Tr), Investment Advisor Agreement (American Bar Association Members State Street Collective Tr), Investment Advisor Agreement (American Bar Association Members State Street Collective Tr)

Limitation of Liability of the Advisor. The Advisor shall not -------------------------------------- be liable for any act or omission of any other person or entity exercising a fiduciary responsibility, if such fiduciary responsibility has been allocated to such other person or entity in accordance with this Agreement, the Declaration of Trust, the Fund Declaration, the Plans or the Trusts, except to the extent that the Advisor has itself violated its fiduciary responsibility or its obligations under this Agreement, or except to the extent that applicable law (including ERISA) may expressly provide otherwise.

Appears in 3 contracts

Samples: Investment Advisor Agreement (American Bar Association Members State Street Collective Tr), Investment Advisor Agreement (American Bar Association Members State Street Collective Tr), Investment Advisor Agreement (American Bar Association Members State Street Collective Tr)

Limitation of Liability of the Advisor. The Advisor shall not be liable for any act or omission of any other person or entity exercising a fiduciary responsibility, if such fiduciary responsibility has been allocated to such other person or entity in accordance with this Agreement, the Declaration of Trust, the Fund Declaration, the Plans or the Trusts, except to the extent that (i) the Advisor has itself violated its fiduciary responsibility under Applicable Law (including ERISA) or its obligations under this Agreement, or except to the extent that applicable law (ii) Applicable Law (including ERISA) may expressly provide otherwise.

Appears in 2 contracts

Samples: Investment Advisor Agreement (American Bar Association Members State Street Collective Tr), Investment Advisor Agreement (American Bar Association Members State Street Collective Tr)

Limitation of Liability of the Advisor. The Advisor shall not be liable for any act or omission of any other person or entity exercising a fiduciary responsibility, if such fiduciary responsibility has been allocated to such other person or entity in accordance with this Agreement, the Declaration of Trust, the Fund Declaration, the Plans or the Trusts, except to the extent that the Advisor has itself violated its fiduciary responsibility under Applicable Law (including ERISA) or its obligations under this Agreement, or except to the extent that applicable law (including ERISA) may expressly provide otherwise.

Appears in 1 contract

Samples: Investment Advisor Agreement (American Bar Association Members / Northern Trust Collective Tr)

Limitation of Liability of the Advisor. The Advisor shall not be liable for any act or omission of any other person or entity exercising a fiduciary responsibility, if such fiduciary responsibility has been allocated to such other person or entity in accordance with this Agreement, the Declaration of Trust, the Fund Declaration, the Plans or the Trusts, except to the extent that (i) the Advisor has itself violated its fiduciary responsibility under applicable law (including ERISA) or its obligations under this Agreement, or except to the extent that (ii) applicable law (including ERISA) may expressly provide otherwise.

Appears in 1 contract

Samples: Investment Advisor Agreement (American Bar Association Members / Northern Trust Collective Tr)

Limitation of Liability of the Advisor. The Advisor shall not be liable for any act or omission of any other person or entity exercising a fiduciary responsibility, if such fiduciary responsibility has been allocated to such other person or entity in accordance with this Agreement, the Declaration of Trust, the Fund Declaration, the Plans or the Trusts, except to the extent that (i) the Advisor has itself violated its fiduciary responsibility under Applicable Law (including ERISA) or its obligations with respect to the Subaccount under this Agreement, or except to the extent that applicable law (ii) Applicable Law (including ERISA) may expressly provide otherwise.

Appears in 1 contract

Samples: Investment Advisor Agreement (American Bar Association Members State Street Collective Tr)

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Limitation of Liability of the Advisor. The Advisor shall not be liable for any act or omission of any other person or entity exercising a fiduciary responsibility, if such fiduciary responsibility has been allocated to such other person or entity in accordance with this Agreement, the Declaration of Trust, the Fund Declaration, the Plans or the Trusts, except to the extent that the Advisor has itself violated its fiduciary responsibility or its obligations under this Agreement, or except to the extent that applicable law (including ERISA) may expressly provide otherwise.

Appears in 1 contract

Samples: Investment Advisor Agreement (American Bar Association Members State Street Collective Tr)

Limitation of Liability of the Advisor. The Advisor shall not be liable for any act or omission of any other person or entity including any other person or entity, exercising a fiduciary responsibility, if such fiduciary responsibility has been allocated to such other person or entity in accordance with this Agreement, the Declaration of Trust, the Fund Declaration, the Plans or the Trusts, except to the extent that the Advisor has itself violated its fiduciary responsibility or its obligations under this Agreement, or except to the extent that applicable law (including ERISA) may expressly provide otherwise.

Appears in 1 contract

Samples: Investment Advisor Agreement (American Bar Association Members State Street Collective Tr)

Limitation of Liability of the Advisor. The Advisor shall -------------------------------------- not be liable for any act or omission of any other person or entity exercising a fiduciary responsibility, if such fiduciary responsibility has been allocated to such other person or entity in accordance with this Agreement, the Declaration of Trust, the Fund Declaration, the Plans or the Trusts, except to the extent that the Advisor has itself violated its fiduciary responsibility or its obligations under this Agreement, or except to the extent that applicable law (including ERISA) may expressly provide otherwise.

Appears in 1 contract

Samples: Investment Advisor Agreement (American Bar Association Members State Street Collective Tr)

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