Common use of Limitation of Liability of the Sub-Adviser Clause in Contracts

Limitation of Liability of the Sub-Adviser. Neither the Sub-adviser nor any of its officers, directors, or employees, nor any person performing executive, administrative, trading, or other functions for the applicable Fund (at the direction or request of the Sub-adviser) or the Sub-adviser in connection with the Sub-adviser’s discharge of its obligations undertaken or reasonably assumed with respect to this Agreement, shall be liable for (i) any error of judgment or mistake of law or for any loss suffered by the Fund or (ii) any error of fact or mistake of law contained in any report or data provided by the Sub-adviser, except for any error, mistake or loss resulting from willful misfeasance, bad faith, or gross negligence in the performance of its or his duties on behalf of the Fund or from reckless disregard by the Sub-adviser or any such person of the duties of the Sub-adviser pursuant to this Agreement.

Limitation of Liability of the Sub-Adviser. Neither the Sub-adviser nor any of its officers, directors, or employees, nor any person performing executive, administrative, trading, or other functions for the applicable Fund (at the direction or request of the Sub-adviser) or the Sub-adviser in connection with the Sub-adviser’s discharge of its obligations undertaken or reasonably assumed with respect to this Agreement, shall be liable for (i) any error of judgment or mistake of law or for any loss suffered by the Fund or (ii) any error of fact or mistake of law contained in any report or data provided by the Sub-adviser, except for any error, mistake or loss resulting from willful misfeasance, bad faith, or gross negligence in the performance of its or his duties on behalf of the Fund or from reckless disregard by the Sub-adviser or any such person of the duties of the Sub-adviser pursuant to this Agreement.

Limitation of Liability of the Sub-Adviser. Neither the Sub-adviser Adviser nor any of its officers, directors, or employees, nor any person performing executive, administrative, trading, or other functions for the applicable Fund Trust, the Funds (at the direction or request of the Sub-adviserAdviser) or the Sub-adviser Adviser in connection with the Sub-adviser’s Adviser's discharge of its obligations undertaken or reasonably assumed with respect to this Agreement, shall be liable for (i) any error of judgment or mistake of law or for any loss suffered by the Fund Trust or Funds or (ii) any error of fact or mistake of law contained in any report or data provided by the Sub-adviserAdviser, except for any error, mistake or loss resulting from willful misfeasance, bad faith, or gross negligence in the performance of its or his duties on behalf of the Fund Trust or Funds or from reckless disregard by the Sub-adviser Adviser or any such person of the duties of the Sub-adviser Adviser pursuant to this Agreement.

Limitation of Liability of the Sub-Adviser. Neither the Sub-adviser Adviser nor any of its officers, directors, or employees, nor any person performing executive, administrative, trading, or other functions for the applicable Fund Sub-Adviser, IDEX (at the direction or request of the Sub-adviserAdviser) or the Sub-adviser Adviser in connection with the Sub-adviser’s Adviser's discharge of its obligations undertaken or reasonably assumed with respect to this Agreement, shall be liable for (i) any error of judgment or mistake of law or for any loss suffered by the Fund or (ii) any error of fact or mistake of law contained in any report or data date provided by the Sub-adviserAdviser, except for any error, mistake or loss resulting from willful misfeasance, bad faith, or gross negligence in the performance of its or his duties on behalf of the Fund or from reckless disregard by the Sub-adviser Adviser or any such person of the duties of the Sub-adviser Adviser pursuant to this Agreement.

Limitation of Liability of the Sub-Adviser. Neither the Sub-adviser Adviser nor any of its officers, directors, or employees, nor any person performing executive, administrative, trading, or other functions for the applicable Company, the Fund (at the direction or request of the Sub-adviserAdviser) or the Sub-adviser Adviser in connection with the Sub-adviserAdviser’s discharge of its obligations undertaken or reasonably assumed with respect to this Agreement, shall be liable for (i) any error of judgment or mistake of law or for any loss suffered by the Company or Fund or (ii) any error of fact or mistake of law contained in any report or data provided by the Sub-adviserAdviser, except for any error, mistake or loss resulting from willful misfeasance, bad faith, or gross negligence in the performance of its or his duties on behalf of the Company or Fund or from reckless disregard by the Sub-adviser Adviser or any such person of the duties of the Sub-adviser Adviser pursuant to this Agreement.

Limitation of Liability of the Sub-Adviser. Neither the Sub-adviser Adviser nor any of its officers, directors, or employees, nor any person performing executive, administrative, trading, or other functions for the applicable Company, the Fund (at the direction or request of the Sub-adviserAdviser) or the Sub-adviser Adviser in connection with the Sub-adviser’s Adviser's discharge of its obligations undertaken or reasonably assumed with respect to this Agreement, shall be liable for (i) any error of judgment or mistake of law or for any loss suffered by the Company or Fund or (ii) any error of fact or mistake of law contained in any report or data provided by the Sub-adviserAdviser, except for any error, mistake or loss resulting from willful misfeasance, bad faith, or gross negligence in the performance of its or his duties on behalf of the Company or Fund or from reckless disregard by the Sub-adviser Adviser or any such person of the duties of the Sub-adviser Adviser pursuant to this Agreement.

Limitation of Liability of the Sub-Adviser. Neither the Sub-adviser Sub- Adviser nor any of its officers, directors, or employees, nor any person performing executive, administrative, trading, or other functions for the applicable Fund Fund, the Portfolio (at the direction or request of the Sub-adviserAdviser) or the Sub-adviser Adviser in connection with the Sub-adviser’s Adviser's discharge of its obligations undertaken or reasonably assumed with respect to this Agreement, shall be liable for (i) any error of judgment or mistake of law or for any loss suffered by the Fund or Portfolio or (ii) any error of fact or mistake of law contained in any report or data provided by the Sub-adviserAdviser, except for any error, mistake or loss resulting from willful misfeasance, bad faith, or gross negligence in the performance of its or his duties on behalf of the Fund or Portfolio or from reckless disregard by the Sub-adviser Adviser or any such person of the duties of the Sub-adviser Adviser pursuant to this Agreement.

Limitation of Liability of the Sub-Adviser. Neither the Sub-adviser Adviser nor any of its officers, directors, or employees, nor any person performing executive, administrative, trading, or other functions for the applicable Trust, the Fund (at the direction or request of the Sub-adviserAdviser) or the Sub-adviser Adviser in connection with the Sub-adviserAdviser’s discharge of its obligations undertaken or reasonably assumed with respect to this Agreement, shall be liable for (i) any error of judgment or mistake of law or for any loss suffered by the Trust or Fund or (ii) any error of fact or mistake of law contained in any report or data provided by the Sub-adviserAdviser, except for any error, mistake or loss resulting from willful misfeasance, bad faith, or gross negligence in the performance of its or his duties on behalf of the Trust or the Fund or from reckless disregard by the Sub-adviser Adviser or any such person of the duties of the Sub-adviser Adviser pursuant to this Agreement.

Limitation of Liability of the Sub-Adviser. Neither the Sub-adviser Adviser nor any of its officers, directors, or employees, nor any person performing executive, administrative, trading, or other functions for the applicable Company, the Fund (at the direction or request of the Sub-adviserAdviser) or the Sub-adviser Adviser in connection with the Sub-adviserAdviser’s discharge of its obligations undertaken or reasonably assumed with respect to this Agreement, shall be liable for (i) any error of judgment or mistake of law or for any loss suffered by the Company or Fund or (ii) any error of fact or mistake of law contained in any report or data provided by the Sub-adviserAdviser, except for any error, mistake or loss resulting from willful misfeasance, bad faith, or gross negligence in the performance of its or his duties on behalf of the Company or the Fund or from reckless disregard by the Sub-adviser Adviser or any such person of the duties of the Sub-adviser Adviser pursuant to this Agreement.

Limitation of Liability of the Sub-Adviser. Neither the Sub-adviser Adviser nor any of its officers, directors, or employees, nor any person performing executive, administrative, trading, or other functions for the applicable Fund Company, the Portfolio (at the direction or request of the Sub-adviserAdviser) or the Sub-adviser Sub- Adviser in connection with the Sub-adviser’s Adviser's discharge of its obligations undertaken or reasonably assumed with respect to this Agreement, shall be liable for (i) any error of judgment or mistake of law or for any loss suffered by the Fund Company or Portfolio or (ii) any error of fact or mistake of law contained in any report or data provided by the Sub-adviserAdviser, except for any error, mistake or loss resulting from willful misfeasance, bad faith, or gross negligence in the performance of its or his duties on behalf of the Fund Company or Portfolio or from reckless disregard by the Sub-adviser Adviser or any such person of the duties of the Sub-adviser Adviser pursuant to this Agreement.

Limitation of Liability of the Sub-Adviser. Neither the Sub-adviser Sub- Adviser nor any of its officers, directors, or employees, nor any person performing executive, administrative, trading, or other functions for the applicable Company, the Fund (at the direction or request of the Sub-adviserAdviser) or the Sub-adviser Adviser in connection with the Sub-adviser’s Adviser's discharge of its obligations undertaken or reasonably assumed with respect to this Agreement, shall be liable for (i) any error of judgment or mistake of law or for any loss suffered by the Company or Fund or (ii) any error of fact or mistake of law contained in any report or data provided by the Sub-adviserAdviser, except for any error, mistake or loss resulting from willful misfeasance, bad faith, or gross negligence in the performance of its or his duties on behalf of the Company or Fund or from reckless disregard by the Sub-adviser Adviser or any such person of the duties of the Sub-adviser Adviser pursuant to this Agreement.

Limitation of Liability of the Sub-Adviser. Neither the Sub-adviser nor any of its officers, directorstrustees, or employees, nor any person performing executive, administrative, trading, or other functions for the applicable Fund (at the direction or request of the Sub-adviser) or the Sub-adviser in connection with the Sub-adviser’s discharge of its obligations undertaken or reasonably assumed with respect to this Agreement, shall be liable for (i) any error of judgment or mistake of law or for any loss suffered by the Fund or (ii) any error of fact or mistake of law contained in any report or data provided by the Sub-adviser, except for any error, mistake or loss resulting from willful misfeasance, bad faith, or gross negligence in the performance of its or his duties on behalf of the Fund or from reckless disregard by the Sub-adviser or any such person of the duties of the Sub-adviser pursuant to this Agreement.