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

Limitation of Liability of the Advisor. Neither the Advisor nor its officers, directors, employees, agents, affiliated persons or controlling persons or their respective assigns shall be liable for any error of judgment or mistake of law or for any loss suffered by the Company, the Funds or its shareholders in connection with the matters to which this Agreement relates; provided that no provision of this Agreement shall be deemed to protect the Advisor against any liability to the Company, the Funds or its shareholders resulting from any willful misfeasance, bad faith or gross negligence in the performance of its duties or obligations hereunder, the reckless disregard of its duties or obligations hereunder, or breach of its fiduciary duty to the Company, any Fund or its shareholders.

Limitation of Liability of the Advisor. Neither the Advisor nor its officers, directors, employees, agents, affiliated persons or controlling persons or their respective assigns shall be liable for any error of judgment or mistake of law or for any loss suffered by the Company, the Funds Trust or its shareholders in connection with the matters to which this Agreement relates; provided that no provision of this Agreement shall be deemed to protect the Advisor against any liability to the Company, the Funds Trust or its shareholders resulting from any willful misfeasance, bad faith or gross negligence in the performance of its duties or obligations hereunder, the reckless disregard of its duties or obligations hereunder, or breach of its fiduciary duty to the CompanyTrust, any Fund or its shareholders.

Limitation of Liability of the Advisor. Neither the Advisor nor its officers, directors, employees, agents, affiliated persons or controlling persons or their respective assigns shall will be liable for any error of judgment or mistake of law or for any loss suffered by the Company, the Funds or its shareholders in connection with the matters to which this Agreement relates; provided that no provision of this Agreement shall will be deemed to protect the Advisor against any liability to the Company, the Funds or its shareholders resulting from any willful misfeasance, bad faith or gross negligence in the performance of its duties or obligations hereunder, the reckless disregard of its duties or obligations hereunder, or breach of its fiduciary duty to the Company, any Fund or its shareholders.