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 suffered by each Trust or any Series in connection with the matters to which this Agreement relate except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. Any person, even though also an officer, partner, employee, or agent of the Manager, who may be or become an officer, Board member, employee or agent of each Trust shall be deemed, when rendering services to each Trust or acting in any business of each Trust, to be rendering such services to or acting solely for each Trust and not as an officer, partner, employee, or agent or one under the control or direction of the Manager even though paid by it.

Appears in 8 contracts

Samples: Investment Advisory Agreement (First Investors Tax Exempt Funds), Investment Advisory Agreement (First Investors Life Series Funds), Investment Advisory Agreement (First Investors Income Funds)

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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 suffered by each the Trust or any Series Portfolio in connection with the matters to which this Agreement relate except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. Any person, even though also an officer, partner, employee, or agent of the Manager, who may be or become an officer, Board membertrustee, employee or agent of each the Trust shall be deemed, when rendering services to each the Trust or acting in any business of each the Trust, to be rendering such services to or acting solely for each the Trust and not as an officer, partner, employee, or agent or one under the control or direction of the Manager even though paid by it.

Appears in 3 contracts

Samples: Investment Advisory and Administration Agreement (Heritage Series Trust), Investment Advisory and Administration Agreement (Heritage Series Trust), Investment Advisory and Administration Agreement (Heritage Series Trust)

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 suffered by each the Trust or any Series in connection with the matters to which this Agreement relate relates except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. Any person, even though also an officer, partner, employee, or agent of the Manager, who may be or become an officer, Board memberdirector, employee or agent of each the Trust shall be deemed, when rendering services to each the Trust or acting in any business of each the Trust, to be rendering such services to or acting solely for each the Trust and not as an officer, partner, employee, or agent or one under the control or direction of the Manager even though paid by it.

Appears in 2 contracts

Samples: Investment Advisory and Administration Agreement (Heritage Income Growth Trust), Investment Advisory and Administration Agreement (Heritage Income Trust)

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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 suffered by each a Trust or any Series Fund in connection with the matters to which this Agreement relate except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. Any person, even though also an officer, partner, employee, or agent of the Manager, who may be or become an officer, Board member, employee or agent of each a Trust shall be deemed, when rendering services to each a Trust or acting in any business of each a Trust, to be rendering such services to or acting solely for each a Trust and not as an officer, partner, employee, or agent or one under the control or direction of the Manager even though paid by it.

Appears in 1 contract

Samples: Management Agreement (American Beacon Funds)

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