Common use of NONLIABILITY OF ADVISER Clause in Contracts

NONLIABILITY OF ADVISER. In the absence of willful misfeasance, bad faith or gross negligence on the part of the Adviser, or reckless disregard of its obligations and duties hereunder, the Adviser shall not be subject to any liability to the Trust, or to any shareholder of the Trust, for any act or omission in the course of, or connected with, rendering services hereunder.

NONLIABILITY OF ADVISER. In the absence of willful misfeasance, bad faith or gross negligence on the part of the Adviser, or reckless disregard of its obligations and duties hereunder, the Adviser shall not be subject to any liability to the Trust, to any Portfolio, or to any shareholder of the Trustany Portfolio, for any act or omission in the course of, or connected with, rendering services hereunder.