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

Limitation of Liability of the Investment Adviser. The Investment ------------------------------------------------- Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Company in connection with the matters to which this Agreement relates, except the Investment Adviser shall be jointly, but not severally, liable for a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Investment Adviser in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 8 contracts

Samples: Investment Advisory Agreement (Excelsior Funds Inc), Investment Advisory Agreement (Excelsior Funds Inc), Investment Advisory Agreement (Excelsior Funds Inc)

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Limitation of Liability of the Investment Adviser. The Investment ------------------------------------------------- Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Company in connection with the matters to which this Agreement relates, except the Investment Adviser shall be jointly, but not severally, liable for a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Investment Adviser in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Excelsior Funds Inc), Investment Advisory Agreement (Excelsior Tax Exempt Funds Inc), Investment Advisory Agreement (Excelsior Funds Inc)

Limitation of Liability of the Investment Adviser. The Investment ------------------------------------------------- Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Company Trust in connection with the matters to which this Agreement relates, except the Investment Adviser shall be jointly, but not severally, liable for a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Investment Adviser in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 3 contracts

Samples: Management Agreement (Columbia Funds Series Trust I), Management Agreement (Columbia Funds Series Trust I), Management Agreement (Columbia Funds Series Trust I)

Limitation of Liability of the Investment Adviser. The ------------------------------------------------- Investment ------------------------------------------------- Adviser shall not be liable for or any error of judgment or mistake of law or for any loss suffered by the Company in connection with the matters to which this Agreement relates, except the Investment Adviser shall be jointly, but not severally, liable for a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Investment Adviser in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Excelsior Tax Exempt Funds Inc), Investment Advisory Agreement (Excelsior Tax Exempt Funds Inc)

Limitation of Liability of the Investment Adviser. The Investment ------------------------------------------------- Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Company company in connection with the matters to which this Agreement relates, except the Investment Adviser shall be jointly, but not severally, liable for a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Investment Adviser in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Excelsior Funds Inc), Investment Advisory Agreement (Excelsior Funds Inc)

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Limitation of Liability of the Investment Adviser. The ------------------------------------------------- Investment ------------------------------------------------- Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Company in connection with the matters to which this Agreement relates, except the Investment Adviser shall be jointly, but not severally, liable for a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Investment Adviser in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 1 contract

Samples: Investment Advisory Agreement (Excelsior Funds Inc)

Limitation of Liability of the Investment Adviser. The Investment ------------------------------------------------- Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Company Trust in connection with the matters to which this Agreement relates, except the Investment Adviser shall be jointly, but not severally, liable for a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Investment Adviser in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 1 contract

Samples: Advisory Agreement (Provident Institutional Funds)

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