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

Limitation of Liability of the Investment Adviser. The Investment Adviser, its officers, directors, employees and delegates, including any Sub-Adviser (referred to herein as “Investment Adviser Parties”), shall not be liable for any error of judgment or mistake of law or for any loss suffered by any Portfolio, the Fund or any of its shareholders, in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Investment Adviser Parties in the performance of their duties or from reckless disregard by such Investment Adviser Parties of their obligations and duties under this Agreement. Any person, even though also an officer, director, employee, or agent of the Investment Adviser who may be or become an officer, Director, employee or agent of the Fund shall be deemed, when rendering services to any Portfolio or the Fund or acting with respect to any business of such Portfolio or the Fund, to be rendering such service to or acting solely for the Portfolio or the Fund and not as an officer, director, employee, or agent or one under the control or direction of the Investment Adviser even though paid by it.

Limitation of Liability of the Investment Adviser. The Investment Adviser, its officers, directors, employees and delegates, including any Sub-Adviser (referred to herein as “Investment Adviser Parties”), shall not be liable for any error of judgment or mistake of law or for any loss suffered by any PortfolioFund, the Fund Trust or any of its shareholders, in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Investment Adviser Parties in the performance of their duties or from reckless disregard by such Investment Adviser Parties of their obligations and duties under this Agreement. Any person, even though also an officer, director, employee, or agent of the Investment Adviser who may be or become an officer, DirectorTrustee, employee or agent of the Fund Trust shall be deemed, when rendering services to any Portfolio Fund or the Fund Trust or acting with respect to any business of such Portfolio Fund or the FundTrust, to be rendering such service to or acting solely for the Portfolio Fund or the Fund Trust and not as an officer, director, employee, or agent or one under the control or direction of the Investment Adviser even though paid by it.

Limitation of Liability of the Investment Adviser. The Investment Adviser, its officers, directors, employees and delegates, including any Sub-Adviser (referred to herein as “Investment Adviser Parties”), shall not be liable for any error of judgment or mistake of law or for any loss suffered by any Portfoliothe Fund, the Fund Trust or any of its shareholders, in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Investment Adviser Parties in the performance of their duties or from reckless disregard by such Investment Adviser Parties of their obligations and duties under this Agreement. Any person, even though also an officer, director, employee, or agent of the Investment Adviser who may be or become an officer, DirectorTrustee, employee or agent of the Fund Trust shall be deemed, when rendering services to any Portfolio the Fund or the Fund Trust or acting with respect to any business of such Portfolio the Fund or the FundTrust, to be rendering such service to or acting solely for the Portfolio Fund or the Fund Trust and not as an officer, director, employee, or agent or one under the control or direction of the Investment Adviser even though paid by it.

Limitation of Liability of the Investment Adviser. The Investment Adviser, its officers, directors, employees employees, and delegates, including any Sub-Adviser (referred to herein as “Investment Adviser Parties”), shall not be liable for any error of judgment or mistake of law or for any loss suffered by any Portfoliothe Fund, the Fund Trust, or any of its shareholders, in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith faith, or gross negligence on the part of the Investment Adviser Parties in the performance of their duties or from reckless disregard by such Investment Adviser Parties of their obligations and duties under this Agreement. Any person, even though also an officer, director, employee, or agent of the Investment Adviser who may be or become an officer, DirectorTrustee, employee employee, or agent of the Fund Trust shall be deemed, when rendering services to any Portfolio the Fund or the Fund Trust or acting with respect to any business of such Portfolio the Fund or the FundTrust, to be rendering such service to or acting solely for the Portfolio Fund or the Fund Trust and not as an officer, director, employee, or agent or one under the control or direction of the Investment Adviser even though paid by it.

Limitation of Liability of the Investment Adviser. The Investment Adviser, its officers, directors, employees employees, and delegates, including any Sub-Adviser (referred to herein as “Investment Adviser Parties”), shall not be liable for any error of judgment or mistake of law or for any loss suffered by any Portfolioa Fund, the Fund Trust, or any of its shareholders, in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith faith, or gross negligence on the part of the Investment Adviser Parties in the performance of their duties or from reckless disregard by such Investment Adviser Parties of their obligations and duties under this Agreement. Any person, even though also an officer, director, employee, or agent of the Investment Adviser who may be or become an officer, DirectorTrustee, employee employee, or agent of the Fund Trust shall be deemed, when rendering services to any Portfolio a Fund or the Fund Trust or acting with respect to any business of such Portfolio the Fund or the FundTrust, to be rendering such service to or acting solely for the Portfolio a Fund or the Fund Trust and not as an officer, director, employee, or agent or one under the control or direction of the Investment Adviser even though paid by it.

Limitation of Liability of the Investment Adviser. The Investment Adviser, its officers, directors, employees and delegates, including any Sub-Adviser (referred to herein as “Investment Adviser Parties”), shall not be liable for any error of judgment or mistake of law or for any loss suffered by any Portfolio, the Fund Trust or any of its shareholders, in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Investment Adviser Parties in the performance of their duties or from reckless disregard by such Investment Adviser Parties of their obligations and duties under this Agreement. Any person, even though also an officer, directortrustee, employee, or agent of the Investment Adviser who may be or become an officer, DirectorTrustee, employee or agent of the Fund Trust shall be deemed, when rendering services to any Portfolio or the Fund Trust or acting with respect to any business of such Portfolio or the FundTrust, to be rendering such service to or acting solely for the Portfolio or the Fund Trust and not as an officer, directortrustee, employee, or agent or one under the control or direction of the Investment Adviser even though paid by it.