Limitation of Trading Advisor Liability. In respect of the Trading Advisor’s role in the futures interests trading of the Trading Company, the Trading Advisor and its controlling persons, their affiliates, and their respective directors, officers, principals, managers, members, shareholders, employees or controlling persons shall not be liable to the Trading Company or the Trading Manager or their partners, directors, officers, principals, managers, members, shareholders, employees, controlling persons or successors and assigns except that the Trading Advisor shall be liable for acts or omissions that constitute a breach of this Agreement or a representation, warranty or covenant herein, willful misconduct or negligence, or are the result of 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 Trading Company.
Appears in 2 contracts
Samples: Advisory Agreement (Meritage Futures Fund L.P.), Advisory Agreement (Polaris Futures Fund L.P.)
Limitation of Trading Advisor Liability. In respect of the Trading Advisor’s role in the futures interests trading of the Trading CompanyPartnership’s assets, none of the Trading Advisor and Advisor, or its controlling persons, their its affiliates, and their respective directors, officers, principals, managers, members, shareholders, employees or controlling persons shall not be liable to the Trading Company Partnership or the Trading Manager General Partner or their partners, directors, officers, principals, managers, members, shareholders, employees, directors or controlling persons or successors and assigns except that the Trading Advisor shall be liable for acts or omissions of any such person provided that constitute such act or omission constitutes a breach of this Agreement or a representation, warranty or covenant herein, willful misconduct or negligence, negligence or are 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 Trading CompanyPartnership.
Appears in 1 contract
Samples: Management Agreement (Morgan Stanley Charter Aspect L.P.)
Limitation of Trading Advisor Liability. In respect of the Trading Advisor’s role in the futures interests trading of the Trading Company, none of the Trading Advisor and or its controlling persons, their its affiliates, and their respective directors, officers, principals, managers, members, shareholders, employees or controlling persons shall not be liable to the Trading Company or Company, the Trading Manager Manager, the Members or their partners, directors, officers, principals, managers, members, shareholders, employeesdirectors, or controlling persons or successors and assigns except that the Trading Advisor shall be liable for acts or omissions of any such person provided that constitute such act or omission constitutes a breach of this Agreement or a representation, warranty or covenant herein, willful misconduct or negligence, or are 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 Trading Company.
Appears in 1 contract
Samples: Advisory Agreement (Managed Futures Profile MV, L.P.)
Limitation of Trading Advisor Liability. In respect of the Trading Advisor’s Advisor?s role in the futures interests trading of the Trading Company, none of the Trading Advisor and or its controlling persons, their its affiliates, and their respective directors, officers, principals, managers, members, shareholders, employees or controlling persons shall not be liable to the Trading Company or Company, the Trading Manager Manager, the Members or their partners, directors, officers, principals, managers, members, shareholders, employeesdirectors, or controlling persons or successors and assigns except that the Trading Advisor shall be liable for acts or omissions of any such person provided that constitute such act or omission constitutes a breach of this Agreement or a representation, warranty or covenant herein, willful misconduct or negligence, or are 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 Trading 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 its allocated portion of the Partnership's assets, none of the Trading CompanyAdvisor, the Trading Advisor and or its controlling persons, their its affiliates, and their respective directors, officers, principals, managers, members, shareholders, employees or controlling persons shall not be liable to the Trading Company Partnership or the Trading Manager General Partner or their partners, directors, officers, principals, managers, members, shareholders, employees, directors or controlling persons or successors and assigns except that the Trading Advisor shall be liable for acts or omissions of any such person provided that constitute such act or omission constitutes a breach of this Agreement or a representation, warranty or covenant herein, willful misconduct or negligence, negligence or are 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 Trading CompanyPartnership.
Appears in 1 contract
Samples: Management Agreement (Morgan Stanley Spectrum Currency Lp)
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 assets, none of the Trading CompanyAdvisor, the Trading Advisor and or its controlling persons, their its affiliates, and their respective directors, officers, principals, managers, members, shareholders, employees or controlling persons shall not be liable to the Trading Company Partnership or the Trading Manager General Partner or their partners, directors, officers, principals, managers, members, shareholders, employees, directors or controlling persons or successors and assigns except that the Trading Advisor shall be liable for acts or omissions of any such person provided that constitute such act or omission constitutes a breach of this Agreement or a representation, warranty or covenant herein, willful misconduct or negligence, or are 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 Trading CompanyPartnership.
Appears in 1 contract
Samples: Management Agreement (Morgan Stanley Spectrum Technical Lp)
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 Trading CompanyPartnership's Net Assets, none of the Trading Advisor and or its controlling persons, their its affiliates, and their respective directors, officers, principals, managers, members, shareholders, employees or controlling persons shall not be liable to the Trading Company Partnership or the Trading Manager General Partner or their partners, directors, officers, principals, managers, members, shareholders, employeesdirectors, or controlling persons or successors and assigns except that the Trading Advisor shall be liable for acts or omissions of any such person provided that constitute such act or omission constitutes a breach of this Agreement or a representation, warranty or covenant herein, willful misconduct or negligence, or are 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 Trading CompanyPartnership.
Appears in 1 contract
Samples: Management Agreement (Morgan Stanley Spectrum Technical Lp)