Common use of LIMITATION OF LIABILITY OF THE MANAGER Clause in Contracts

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management of the Trust, except for (a) willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of reckless disregard of its obligations and duties hereunder, and (b) to the extent specified in section 36(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 MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management of the TrustFund, except for (ai) willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of reckless disregard of its obligations and duties hereunder, and (bii) to the extent specified in section 36(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 MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management execution of securities, options, or futures transactions for the TrustFund, except for (a) 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 hereunder. As used in this Section 5, the term "Manager" shall include partners, officers and (b) to the extent specified in section 36(b) employees of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to Manager as well as the receipt of compensationManager itself.

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management of the TrustFund, except for (a) 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 hereunder. As used in this Article IV, and (b) to the extent specified in section 36(b) of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation.term "

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management of the TrustFund, except for (ai) willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of reckless disregard of its obligations and duties hereunder, and (bii) to the extent specified in section 36(b) of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation.. ARTICLE V

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management of the TrustFund, except for (a) 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 hereunder. As used in this Article V, and (b) to the extent specified in section 36(b) of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation.term "

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the TrustFund, except for (a) 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 hereunder. As used in this Article V, and (b) to the extent specified in section 36(b) of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation.term "

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management execution of securities, options, or futures transactions for the TrustPortfolio, except for (a) 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 hereunder. As used in this Section 5, the term "Manager" shall include partners, officers and (b) to the extent specified in section 36(b) employees of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to Manager as well as the receipt of compensationManager itself.

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management of the TrustTrust and any Series, except for (a) 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 hereunder. As used in this Article IV, and (b) to the extent specified in section 36(b) of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation.term "

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management of the Trust, except for (a) 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 hereunder. As used in this Article IV, and (b) to the extent specified in section 36(b) of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation.term "

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the TrustFund, except for (a) 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 hereunder. As used in this Article V, and (b) to the extent specified in section 36(b) term “Manager” shall include any affiliates of the 1940 Act concerning loss resulting from a breach Manager performing services for the Fund contemplated hereby and directors, officers and employees of fiduciary duty with respect to the receipt of compensationManager as well as that corporation itself.

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management of the TrustFund, except for (a) willful misfeasance, bad faith or gross negligence in the performance of perfor- nancx xx its duties duties, or by reason of reckless disregard of its obligations and duties hereunder. As used in this Article IV, and (b) to the extent specified in section 36(b) of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation.term "

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management of the TrustCompany, except for (a) 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 hereunder. As used in this Article V, and (b) to the extent specified in section 36(b) of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation.term "

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management of the Trust, except for (a) 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 hereunder. As used in this Article IV, and (b) to the extent specified in section 36(b) term "Manager" shall include any affiliates of the 1940 Act concerning loss resulting from a breach Manager performing services for the Trust contemplated hereby and partners, directors, officers and employees of fiduciary duty with respect to the receipt of compensationManager and such affiliates.

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management of the Trust, except for (ai) willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of reckless disregard of its obligations and duties hereunder, and (bii) to the extent specified in section 36(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 MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management of the TrustTrust and the Portfolio, except for (a) 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 hereunder. As used in this Article IV, and (b) to the extent specified in section 36(b) of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation.term "

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management of the TrustFund, except for (a) 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 hereunder. As used in this Article IV, and (b) to the extent specified in section 36(b) term "Manager" shall include any affiliates of the 1940 Act concerning loss resulting from a breach manager performing services for the Fund contemplated hereby and directors, officers and employees of fiduciary duty with respect to the receipt of compensationManager and such affiliates.

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management of the TrustTrust and the Fund, except for (a) willful misfeasance, bad faith or gross negligence in the performance of its duties duties, or by reason of reckless 9 disregard of its obligations and duties hereunder. As used in this Article IV, and (b) to the extent specified in section 36(b) of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation.term "

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management of the TrustFund, except for (a) 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 hereunder. As used in this Article IV, and (b) to the extent specified in section 36(b) term "Manager" shall include any affiliates of the 1940 Act concerning loss resulting from a breach Manager performing services for the Fund contemplated hereby and directors, officers and employees of fiduciary duty with respect to the receipt of compensation.Manager and such affiliates. ARTICLE V

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management management, of the TrustFund, except for (a) 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 hereunder. As used in this Article IV, and (b) to the extent specified in section 36(b) term "Manager" shall include any affiliates of the 1940 Act concerning loss resulting from a breach Manager performing services for the Fund contemplated hereby and directors, officers and employees of fiduciary duty with respect to the receipt of compensation.Manager and such affiliates. ARTICLE V

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management of the TrustFund, except for (a) 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 hereunder. As used in this Article IV, and (b) to the extent specified in section 36(b) term “Manager” shall include any affiliates of the 1940 Act concerning loss resulting from a breach Manager performing services for the Fund contemplated hereby and directors, officers and employees of fiduciary duty with respect to the receipt of compensationManager and such affiliates.

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the TrustFund, except for (a) 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 hereunder. As used in this Article V, and (b) to the extent specified in section 36(b) term "Manager" shall include any affiliates of the 1940 Act concerning loss resulting from a breach Manager performing services for the Fund contemplated hereby and directors, officers and employees of fiduciary duty with respect to the receipt of compensationManager as well as that corporation itself.

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management of the TrustFund, except for (a) willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of reckless disregard of its obligations and duties hereunder, and (b) to the extent specified in section 36(b) of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation.