Limitation of Trading Advisor Liability. In respect of the Trading Advisor's role in the futures interests trading of the Partnership's assets, none of the Trading Advisor, or its controlling persons, its affiliates, and their respective directors, officers, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a breach of this Agreement or a representation, warranty or covenant herein, misconduct or negligence or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.
Appears in 11 contracts
Samples: Management Agreement (Morgan Stanley Dean Witter Spectrum Select Lp), Management Agreement (Morgan Stanley Dean Witter Charter Grahm Lp), Management Agreement (Morgan Stanley Dean Witter Spectrum Currency Lp)
Limitation of Trading Advisor Liability. In respect of the Trading Advisor's role in the futures interests trading of the Partnership's assets, none of the Trading Advisor, or its controlling persons, its affiliates, and their respective directors, officers, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a material breach of this Agreement or a representation, warranty or covenant herein, misconduct or negligence or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.
Appears in 4 contracts
Samples: Management Agreement (Dean Witter Spectrum Select Lp), Management Agreement (Dean Witter Spectrum Select Lp), Management Agreement (Witter Dean Select Futures Fund Lp)
Limitation of Trading Advisor Liability. In respect of the Trading Advisor's role in the futures interests trading of the Partnership's assets, none of the Trading Advisor, or its controlling persons, its affiliates, and their respective directors, officers, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a breach of this Agreement or a representation, warranty or covenant herein, willful misconduct or negligence or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.
Appears in 3 contracts
Samples: Management Agreement (Morgan Stanley Charter Aspect L.P.), Management Agreement (Morgan Stanley Diversified Futures Fund L.P.), Management Agreement (Morgan Stanley Portfolio Strategy Fund L.P.)
Limitation of Trading Advisor Liability. In respect of the Trading Advisor's role in the futures interests trading of its allocated portion of the Partnership's assets, none of the Trading Advisor, or its controlling persons, its affiliates, and their respective directors, officers, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a breach of this Agreement or a representation, warranty or covenant herein, misconduct or negligence or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.
Appears in 3 contracts
Samples: Management Agreement (Morgan Stanley Spectrum Select Lp), Management Agreement (Morgan Stanley Spectrum Strategic Lp), Management Agreement (Morgan Stanley Spectrum Technical Lp)
Limitation of Trading Advisor Liability. In respect of the Trading Advisor's role in the futures interests trading of its allocated portion of the Partnership's assets, none of the Trading Advisor, Advisor or its controlling persons, its affiliates, and their respective directors, officers, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors directors, or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a breach of this Agreement or a representation, warranty or covenant herein, misconduct or negligence negligence, or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.
Appears in 2 contracts
Samples: Management Agreement (Morgan Stanley Spectrum Global Balanced Lp), Management Agreement (Morgan Stanley Spectrum Currency Lp)
Limitation of Trading Advisor Liability. In respect of the Trading Advisor's role in the futures interests trading of the Partnership's assets, none of the Trading Advisor, or its controlling persons, its affiliates, and their respective directors, officers, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a breach of this Agreement or a representation, warranty or covenant herein, misconduct or negligence or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.. (b)
Appears in 2 contracts
Samples: Management Agreement (Morgan Stanley Dean Witter Spectrum Currency Lp), Management Agreement (Dean Witter Portfolio Strategy Fund Lp)
Limitation of Trading Advisor Liability. In respect of the Trading Advisor's ’s role in the futures interests trading of the Partnership's ’s assets, none of the Trading Advisor, or its controlling persons, its affiliates, and their respective directors, officers, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a breach of this Agreement or a representation, warranty or covenant herein, misconduct or negligence or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.
Appears in 1 contract
Samples: Management Agreement (Morgan Stanley Charter WCM L.P.)
Limitation of Trading Advisor Liability. In respect of the Trading Advisor's role in the futures interests commodity interest contract trading of the Partnership's assets, none of the Trading Advisor, or its controlling persons, its affiliates, and their respective directors, officers, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a breach of this Agreement or a representation, warranty or covenant herein, willful misconduct or negligence or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.
Appears in 1 contract
Samples: Management Agreement (Morgan Stanley Diversified Futures Fund Iii L.P.)
Limitation of Trading Advisor Liability. In respect of the Trading Advisor's ’s role in the futures interests trading of the Partnership's assetsTrading Company, none of the Trading AdvisorAdvisor shall * Confidential material redacted and filed separately with the Commission. not be liable to the Trading Company or the Trading Manager or their partners, or its controlling persons, its affiliates, and their respective directors, officers, shareholdersprincipals, employees or controlling persons shall be liable to the Partnership or the General Partner or their partnersmanagers, officersmembers, shareholders, directors or employees, controlling persons or successors and assigns except that the Trading Advisor shall be liable for acts or omissions of any such person provided the Trading Advisor that such act or omission constitutes constitute a material breach of this Agreement or a representation, warranty or covenant herein, misconduct or negligence negligence, or is are the result of any such person the Trading Advisor not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the PartnershipTrading Company.
Appears in 1 contract
Samples: Advisory Agreement (Morgan Stanley Managed Futures LV, L.P.)
Limitation of Trading Advisor Liability. In respect of the Trading Advisor's ’s role in the futures interests trading of the Partnership's assetsTrading Company, none of the Trading Advisor, Advisor or its controlling persons, its affiliates, and their respective directors, officers, principals, shareholders, employees or controlling persons shall be liable to the Partnership or Trading Company, the General Partner Trading Manager, the Members or their partners, officers, shareholders, directors directors, or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a breach of this Agreement or a representation, warranty or covenant herein, willful misconduct or negligence negligence, or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the PartnershipTrading Company.
Appears in 1 contract
Samples: Confidential Treatment (Managed Futures Profile MV, L.P.)
Limitation of Trading Advisor Liability. In respect of the Trading Advisor's ’s role in the futures interests trading of its allocated portion of the Partnership's ’s assets, none of the Trading Advisor, or its controlling persons, its affiliates, and their respective directors, officers, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a breach of this Agreement or a representation, warranty or covenant herein, misconduct or negligence or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.
Appears in 1 contract
Samples: Management Agreement (Morgan Stanley Spectrum Strategic Lp)
Limitation of Trading Advisor Liability. In respect of the Trading Advisor's role in the futures interests trading of the Partnership's assets, none of the Trading Advisor, or its controlling persons, its affiliates, and their respective managers, directors, officers, members, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a breach of this Agreement or a representation, warranty or covenant herein, misconduct or negligence or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.. (b)
Appears in 1 contract
Samples: Management Agreement (Morgan Stanley Dean Witter Spectrum Currency Lp)
Limitation of Trading Advisor Liability. In respect of the Trading Advisor's role in the futures interests trading of the Partnership's assets, none of the Trading Advisor, or its controlling persons, its affiliates, and their respective directors, partners, officers, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a breach of this Agreement or a representation, warranty or covenant herein, misconduct or negligence or is the result of any such person not having acted in good faith and in Exh. 10.01-8 the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.
Appears in 1 contract
Samples: Management Agreement (Morgan Stanley Dean Witter Spectrum Select Lp)