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 for any loss suffered by the Adviser in connection with the performance of its obligations under this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services (in which case any award of damages shall be limited to the period and the amount set forth in Section 36(b)(3) of the 1940 Act); or a loss resuxxxxx xxom willful misfeasance, bad faith or negligence on the Sub-Adviser's part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreement. The Sub-Adviser shall not be responsible for any loss incurred by reason of any act or omission of any broker-dealer; provided, however, that the Sub-Adviser shall use reasonable care in its selection and use of broker-dealers in effecting transactions for the Fund. The Sub-Adviser shall have no obligation to seek to obtain any material non-public ("inside") information about any issuer of securities, nor to purchase or sell, or to recommend for purchase or sale, for the Fund the securities of any issuer on the basis of any such information as may come into its possession. The Adviser acknowledges and agrees that the Sub-Adviser makes no representation or warranty, express or implied, that any level of performance or investment results will be achieved by the Fund or that the Fund will perform comparably with any standard or index, including other clients of the Sub-Adviser.

Limitation of Liability of the Sub-Adviser. The Sub-Adviser shall not be liable for any error of judgment or for any loss suffered by the Adviser in connection with the performance of its obligations under this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services (in which case any award of damages shall be limited to the period and the amount set forth in Section 36(b)(3) of the 1940 Act); , or a loss resuxxxxx xxom resulting from willful misfeasance, bad faith or negligence on the Sub-Adviser's part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreement, except as may otherwise be provided under provisions of applicable state law which cannot be waived or modified hereby. The Sub-Adviser shall not be responsible for any loss incurred by reason of any act or omission of any broker-dealer; provided, however, that the Sub-Adviser shall use reasonable care in its selection and use of broker-dealers brokers in effecting transactions for the FundPortfolio. The Sub-Adviser shall have no obligation to seek to obtain any material non-public ("inside") information about any issuer of securities, nor to purchase or sell, or to recommend for purchase or sale, for the Fund Portfolio the securities of any issuer on the basis of any such information as may come into its possession. The Adviser acknowledges and agrees that the Sub-Adviser makes no representation or and warranty, express or implied, that any level of performance or investment results will be achieved by the Fund Portfolio or that the Fund Portfolio will perform comparably with any standard or index, including other clients of the Sub-AdviserAdviser whether public or private.

Limitation of Liability of the Sub-Adviser. The Sub-Adviser shall not be liable for any error of judgment or for any loss suffered by the Adviser in connection with the performance of its obligations under this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services (in which case any award of damages shall be limited to the period and the amount set forth in Section 36(b)(3) of the 1940 Act); , or a loss resuxxxxx xxom resulting from willful misfeasance, bad faith or negligence on the Sub-Adviser's part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreement, except as may otherwise be provided under provisions of applicable state law which cannot be waived or modified hereby. The Sub-Adviser shall not be responsible for any loss incurred by reason of any act or omission of any broker-dealer; provided, however, that the Sub-Sub- Adviser shall use reasonable care in its selection and use of broker-dealers brokers in effecting transactions for the FundPortfolio. The Sub-Adviser shall have no obligation to seek to obtain any material non-public ("inside") information about any issuer of securities, nor to purchase or sell, or to recommend for purchase or sale, for the Fund Portfolio the securities of any issuer on the basis of any such information as may come into its possession. The Adviser acknowledges and agrees that the Sub-Adviser makes no representation or and warranty, express or implied, that any level of performance or investment results will be achieved by the Fund Portfolio or that the Fund Portfolio will perform comparably with any standard or index, including other clients of the Sub-AdviserAdviser whether public or private.

Limitation of Liability of the Sub-Adviser. The Sub-Adviser makes no representation or warranty, express or implied, that any level of performance or investment results will be achieved by the Portfolio or that the Portfolio will perform comparably with any standard or index, including other clients of the Sub-Adviser. The Sub-Adviser shall not be liable subject to any liability to the Portfolio or the Adviser for any act, omission, error of judgment judgement or mistake of law or for any loss suffered by the Portfolio, any shareholder of the Portfolio or the Adviser either in connection with the performance of its the Sub-Adviser’s obligations under this AgreementAgreement or its failure to perform due to events beyond the reasonable control of the Sub-Adviser, except a loss resulting from a Sub-Adviser’s breach of fiduciary duty with respect to the receipt of compensation for services (in which case any award of damages shall be limited to the period and the amount set forth in Section 36(b)(3) of the 1940 Act); , or a loss resuxxxxx xxom resulting from willful misfeasance, bad faith or gross negligence on the Sub-Adviser's ’s part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreement, except as may otherwise be provided under provisions of applicable state law which cannot be waived or modified hereby. The Sub-Adviser shall not be responsible liable to the Adviser, the Portfolio or its shareholders for any loss incurred by reason of any act action taken or omission of any broker-dealer; providedomitted in good faith and reasonable reliance upon: (i) information, howeverdirections, that instructions or requests, whether oral or written, with respect to a Portfolio made to the Sub-Adviser shall use reasonable care in its selection and use by a duly authorized officer of broker-dealers in effecting transactions for the Adviser or the Fund. The Sub-Adviser shall have no obligation ; (ii) the advice of counsel to seek to obtain the Fund; and (iii) any material non-public ("inside") information about any issuer of securities, nor to purchase written instruction or sell, or to recommend for purchase or sale, for the Fund the securities certified copy of any issuer on the basis of any such information as may come into its possession. The Adviser acknowledges and agrees that the Sub-Adviser makes no representation or warranty, express or implied, that any level of performance or investment results will be achieved by the Fund or that the Fund will perform comparably with any standard or index, including other clients resolution of the Sub-AdviserFund’s Board of Directors. This provision shall survive termination of this Agreement.

Limitation of Liability of the Sub-Adviser. The Sub-Adviser shall not be liable for any error of judgment or for any loss suffered by the Adviser in connection with the performance of its obligations under this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services (in which case any award of damages shall be limited to the period and the amount set forth in Section 36(b)(3) of the 1940 Act); , or a loss resuxxxxx xxom resulting from willful misfeasance, bad faith or negligence on the Sub-Adviser's part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreement, except as may otherwise be provided under provisions of applicable state law which cannot be waived or modified hereby. The Sub-Adviser shall not be responsible for any loss incurred by reason of any act or omission of any broker-dealer; provided, however, that the Sub-Adviser shall use reasonable care in its selection and use of broker-dealers brokers in effecting transactions for the Fund. The Sub-Adviser shall have no obligation to seek to obtain any material non-public ("inside") information about any issuer of securities, nor to purchase or sell, or to recommend for purchase or sale, for the Fund the securities of any issuer on the basis of any such information as may come into its possession. The Adviser acknowledges and agrees that the Sub-Adviser makes no representation or and warranty, express or implied, that any level of performance or investment results will be achieved by the Fund or that the Fund will perform comparably with any standard or index, including other clients of the Sub-AdviserAdviser whether public or private.

Limitation of Liability of the Sub-Adviser. The Sub-Adviser shall not be liable for any error of judgment or for any loss suffered by the Adviser in connection with the performance of its obligations under this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services (in which case any award of damages shall be limited to the period and the amount set forth in Section 36(b)(3) of the 1940 Act1000 Xxx); or a loss resuxxxxx xxom resulting from willful misfeasance, bad faith or negligence on the Sub-Adviser's ’s part in the performance of its duties or from reckless disregard of its obligations and duties under this Agreement. The Sub-Adviser shall not be responsible for any loss incurred by reason of any act or omission of any broker-dealer; provided, however, that the Sub-Adviser shall use reasonable care in its selection and use of broker-dealers in effecting transactions for the Fund. The Sub-Adviser shall have no obligation to seek to obtain any material non-public ("“inside"”) information about any issuer of securities, nor to purchase or sell, or to recommend for purchase or sale, for the Fund the securities of any issuer on the basis of any such information as may come into its possession. The Adviser acknowledges and agrees that the Sub-Adviser makes no representation or warranty, express or implied, that any level of performance or investment results will be achieved by the Fund or that the Fund will perform comparably with any standard or index, including other clients of the Sub-Adviser.