Common use of Limitation of Liability of the Subadviser Clause in Contracts

Limitation of Liability of the Subadviser. The Subadviser shall not be liable for any error of judgment, mistake of law or for any other loss whatsoever suffered by the Trust or the Fund in connection with the performance of this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of the compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Subadviser in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 3 contracts

Samples: Subadvisory Agreement (American Pension Investors Trust), Subadvisory Agreement (American Pension Investors Trust), Subadvisory Agreement (American Pension Investors Trust)

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Limitation of Liability of the Subadviser. The Subadviser shall not be liable for any error of judgment, mistake of law or for any other loss whatsoever suffered by the Trust or the Fund in connection with the performance of this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of the compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Subadviser in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 3 contracts

Samples: Subadvisory Agreement (American Pension Investors Trust), Subadvisory Agreement (American Pension Investors Trust), Subadvisory Agreement (American Pension Investors Trust)

Limitation of Liability of the Subadviser. The Subadviser shall not be liable for any error of judgment, judgment or mistake of law or for any other loss whatsoever suffered by the Trust Company or the Fund Funds in connection with the performance of this Agreement, except a for any error, mistake or loss resulting from a breach of fiduciary duty with respect to the receipt of the compensation for services or a any error, mistake or loss resulting from willful misfeasance, bad faith faith, or gross negligence on the part of the Subadviser in the performance of its duties or from reckless disregard by it of its obligations and or duties under to this Agreement.

Appears in 2 contracts

Samples: Management Agreement (TD Asset Management USA Funds Inc.), Management Agreement (TD Asset Management USA Funds Inc.)

Limitation of Liability of the Subadviser. The Subadviser shall subadviser will not be liable for any error of judgment, judgment or mistake of law or for any other loss whatsoever suffered by the Trust trust, the fund or the Fund adviser in connection with the performance of matters to which this Agreementagreement relates, except a loss resulting from a breach of fiduciary duty with respect to the receipt of the compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on the subadviser's part of the Subadviser in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreementagreement.

Appears in 2 contracts

Samples: Subadvisory Agreement (Kobren Insight Funds), Kobren Insight Funds

Limitation of Liability of the Subadviser. The Subadviser shall subadviser will not be liable for any error of judgment, judgment or mistake of law or for any other loss whatsoever suffered by the Trust trust, the fund or the Fund adviser in connection with the performance of matters to which this Agreementagreement relates, except a loss resulting from a breach of fiduciary duty with respect to the receipt of the compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on the sub-adviser's part of the Subadviser in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreementagreement.

Appears in 1 contract

Samples: Burnham Investors Trust

Limitation of Liability of the Subadviser. The Subadviser shall subadviser will not be liable for any error of judgment, judgment or mistake of law or for any other loss whatsoever suffered by the Trust trust, the fund or the Fund adviser in connection with the performance of matters to which this Agreementagreement relates, except a loss resulting from a breach of fiduciary duty with respect to the receipt of the compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on the sub adviser's part of the Subadviser in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreementagreement.

Appears in 1 contract

Samples: Burnham Fund Inc

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Limitation of Liability of the Subadviser. The ----------------------------------------- Subadviser shall not be liable for any error of judgment, judgment or mistake of law or for any other loss whatsoever suffered by the Trust Fund or the Fund in connection with the performance of this AgreementManager, except a loss resulting from a breach of fiduciary duty with respect to the receipt of the compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Subadviser in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 1 contract

Samples: Investment Subadvisory Agreement (Builders Proloan Fund Inc)

Limitation of Liability of the Subadviser. The Subadviser shall subadviser will not be liable for any error of judgment, judgment or mistake of law or for any other loss whatsoever suffered by the Trust trust, the funds or the Fund adviser in connection with the performance of matters to which this Agreementagreement relates, except a loss resulting from a breach of fiduciary duty with respect to the receipt of the compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on the subadviser's part of the Subadviser in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreementagreement.

Appears in 1 contract

Samples: Burnham Investors Trust

Limitation of Liability of the Subadviser. The Subadviser shall subadviser will not be liable for any error of judgment, judgment or mistake of law or for any other loss whatsoever suffered by the Trust trust, the fund or the Fund adviser in connection with the performance of matters to which this Agreementagreement relates, except a loss resulting from a breach of fiduciary duty with respect to the receipt of the compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Subadviser in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.sub

Appears in 1 contract

Samples: Burnham Fund Inc

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