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

Limitation of Liability of the Sub-Adviser. The Sub-Adviser 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 Fund, except for willful misfeasance, bad faith or gross negligence in the performance of its duties and obligations hereunder. The Trust, on behalf of the Fund, may enforce any obligations of the Sub-Adviser under this Agreement and may recover directly from the Sub-Adviser for any liability it may have to the Fund.

Appears in 35 contracts

Samples: Sub Advisory Agreement (Columbia Funds Series Trust I), Sub Advisory Agreement (Columbia Funds Series Trust I), Sub Advisory Agreement (MFS Sun Life Series Trust)

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Limitation of Liability of the Sub-Adviser. The In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Sub-Adviser, the Sub-Adviser shall not be liable for subject to liability to the Adviser or the Fund or to any error shareholder of judgment or mistake of law or for any loss arising out of any investment or the Fund for any act or omission in the execution and management of the Fundcourse of, except or connected with, rendering services hereunder or for willful misfeasance, bad faith or gross negligence any losses that may be sustained in the performance acquisition, holding, or disposition of its duties and obligations hereunder. The Trust, on behalf of the Fund, may enforce any obligations of the Sub-Adviser under this Agreement and may recover directly from the Sub-Adviser for any liability it may have to the Fundsecurity or other investment.

Appears in 30 contracts

Samples: Eaton Vance Emerging and Frontier Countries Equity Fund (Eaton Vance Mutual Funds Trust), Agreement (Eaton Vance Mutual Funds Trust), Agreement (Eaton Vance Mutual Funds Trust)

Limitation of Liability of the Sub-Adviser. The In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Sub-Adviser, the Sub-Adviser shall not be liable for subject to liability to the Adviser or the Fund or any error of judgment or mistake of law or for any loss arising out of any investment or shareholder in the Fund for any act or omission in the execution and management of the Fundcourse of, except or connected with, rendering services hereunder or for willful misfeasance, bad faith or gross negligence any losses that may be sustained in the performance acquisition, holding, or disposition of its duties and obligations hereunder. The Trust, on behalf of the Fund, may enforce any obligations of the Sub-Adviser under this Agreement and may recover directly from the Sub-Adviser for any liability it may have to the Fundsecurity or other investment.

Appears in 5 contracts

Samples: Investment Sub Advisory Agreement (Calvert Management Series), Investment Sub Advisory Agreement (Calvert Management Series), Investment Sub Advisory Agreement (Calvert Variable Products, Inc.)

Limitation of Liability of the Sub-Adviser. The In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Sub-Adviser, the Sub-Adviser shall not be liable for subject to liability to the Adviser or the Trust or to any error Holder of judgment or mistake of law or for any loss arising out of any investment or interests in the Trust for any act or omission in the execution and management of the Fundcourse of, except or connected with, rendering services hereunder or for willful misfeasance, bad faith or gross negligence any losses that may be sustained in the performance acquisition, holding, or disposition of its duties and obligations hereunder. The Trust, on behalf of the Fund, may enforce any obligations of the Sub-Adviser under this Agreement and may recover directly from the Sub-Adviser for any liability it may have to the Fundsecurity or other investment.

Appears in 4 contracts

Samples: Sub Advisory Agreement (Global Macro Capital Opportunities Portfolio), Agreement (Global Macro Portfolio), Agreement (Global Macro Absolute Return Advantage Portfolio)

Limitation of Liability of the Sub-Adviser. The In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Sub-Adviser, the Sub-Adviser shall not be liable for subject to liability to the Adviser or the Trust or to any error shareholder of judgment or mistake of law or for any loss arising out of any investment or the Trust for any act or omission in the execution and management of the Fundcourse of, except or connected with, rendering services hereunder or for willful misfeasance, bad faith or gross negligence any losses that may be sustained in the performance acquisition, holding, or disposition of its duties and obligations hereunder. The Trust, on behalf of the Fund, may enforce any obligations of the Sub-Adviser under this Agreement and may recover directly from the Sub-Adviser for any liability it may have to the Fundsecurity or other investment.

Appears in 4 contracts

Samples: Investment Sub Advisory Agreement (Eaton Vance Tax-Managed Global Diversified Equity Income Fund), Investment Sub Advisory Agreement (Eaton Vance Tax-Advantaged Global Dividend Opportunities Fund), Investment Sub Advisory Agreement (Eaton Vance Tax Advantaged Global Dividend Income Fund)

Limitation of Liability of the Sub-Adviser. The Sub-Adviser 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 FundPortfolio, except for willful misfeasance, bad faith or gross negligence in the performance of its duties and obligations hereunder. The Trust, on behalf of the FundPortfolio, may enforce any obligations of the Sub-Adviser under this Agreement and may recover directly from the Sub-Adviser for any liability it may have to the FundPortfolio.

Appears in 3 contracts

Samples: Sub Advisory Agreement (Liberty Stein Roe Funds Investment Trust), Sub Advisory Agreement (Sr&f Base Trust), Sub Advisory Agreement (Liberty Stein Roe Funds Investment Trust)

Limitation of Liability of the Sub-Adviser. The Sub-Adviser 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 Fund, except for willful misfeasance, bad faith or gross negligence in the performance of its duties and obligations hereunder. The Trust, on behalf of the Fund, may enforce any obligations of the Sub-Adviser under this Agreement and may recover directly from the Sub-Adviser for any liability it may have to the Fund.

Appears in 1 contract

Samples: Sub Advisory Agreement (Liberty Funds Trust Iii)

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Limitation of Liability of the Sub-Adviser. The Sub-Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment suffered by the Fund or for any act or omission the Adviser in connection with the execution and management of the Fundmatters to which this Agreement relates, except for a loss resulting from willful misfeasance, bad faith faith, or gross negligence on the Sub-Adviser's part in the performance of its duties or from reckless disregard by it of its obligations and obligations hereunder. The Trust, on behalf of the Fund, may enforce any obligations of the Sub-Adviser duties under this Agreement and may recover directly from the Sub-Adviser for any liability it may have to the FundAgreement.

Appears in 1 contract

Samples: Hancock John Special Equities Fund

Limitation of Liability of the Sub-Adviser. The Sub-Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment suffered by the Trust or for any act the Funds or omission in the execution and management of the Fund, except for willful misfeasance, bad faith or gross negligence in the performance of its duties and obligations hereunder. The Trust, on behalf of the Fund, may enforce any obligations of the Sub-Adviser under this Agreement and may recover directly from the Sub-Adviser for any liability it may have to the Fund.the

Appears in 1 contract

Samples: Hancock John World Fund

Limitation of Liability of the Sub-Adviser. The Sub-Adviser 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 Fund, except for willful misfeasance, bad faith or gross negligence in the performance of its duties and obligations hereunder. The Trust, on behalf of the Fund, may enforce any obligations of the Sub-Adviser under this Agreement and may recover directly from the Sub-Adviser for any liability it may have to the Fund.

Appears in 1 contract

Samples: Sub Advisory Agreement (MFS Variable Insurance Trust)

Limitation of Liability of the Sub-Adviser. The In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Sub-Adviser, the Sub-Adviser shall not be liable for subject to liability to the Adviser or the Fund or to any error shareholder of judgment or mistake of law or for any loss arising out of any investment or the Fund for any act or omission in the execution and management of the Fundcourse of, except or connected with, rendering services hereunder or for willful misfeasance, bad faith or gross negligence any losses that may be sustained in the performance acquisition, holding, or disposition of its duties and obligations hereunderany security or other investment. The Trust, on behalf of the Fund, may enforce any obligations of the Sub-Adviser under this Agreement and may recover directly from the Sub-Adviser for any liability it may have to the Fund.XXXXX XXXXX INCOME FUND OF BOSTON

Appears in 1 contract

Samples: Agreement (Eaton Vance Series Trust Ii)

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