Common use of Risk Acknowledgment Clause in Contracts

Risk Acknowledgment. Advisor does not guarantee the future performance of the Account or any specific level of performance, the success of any investment decision or strategy that Advisor may use, or the success of Advisor’s overall management of the Account. Client understands that investment decisions made for Client’s Account by Advisor are subject to various market, currency, economic, political and business risks, and that those investment decisions will not always be profitable. Advisor will provide advice only with respect to the securities, cash and other investments held in Client’s Account and, in making recommendations with respect to the Account, Advisor will not consider any other securities, cash or other investments owned by Client. Except as may otherwise be provided by law, Advisor will not be liable to Client for (a) any loss that Client may suffer by reason of any investment decision made or other action taken or omitted in good faith by Advisor with that degree of care, skill, prudence, and diligence under the circumstances that a prudent person acting in a fiduciary capacity would use; (b) any loss arising from Advisor’s adherence to Client’s written or oral instructions; or (c) any act or failure to act by the Custodian, any broker or dealer to which Advisor directs transactions for the Account, or by any other third party. The federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith, and therefore nothing in this Agreement will waive or limit any rights that Client may have under those laws.

Appears in 5 contracts

Samples: Discretionary Investment Advisory Agreement, Non Discretionary Investment Advisory Agreement, Discretionary Investment Advisory Agreement

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Risk Acknowledgment. Advisor Adviser does not guarantee the future performance of the Account or any specific level of performance, the success of any investment decision or strategy that Advisor Adviser may use, or the success of AdvisorAdviser’s overall management of the Account. Client understands that investment decisions made for Client’s Account by Advisor Adviser are subject to various market, currency, economic, political and business risks, and that those investment decisions will not always be profitable. Advisor Adviser will provide advice manage only with respect to the securities, cash and other investments held in Client’s Account and, and in making recommendations with respect to investment decisions for the Account, Advisor Adviser will not consider any other securities, cash or other investments owned by Client. Except as may otherwise be provided by law, Advisor Adviser will not be liable to Client for (a) any loss that Client may suffer by reason of any investment decision made or other action taken or omitted in good faith by Advisor Adviser with that degree of care, skill, prudence, and diligence under the circumstances that a prudent person acting in a fiduciary capacity would use; (b) any loss arising from AdvisorAdviser’s adherence to Client’s written or oral instructions; or (c) any act or failure to act by the Custodian, any broker or dealer to which Advisor Adviser directs transactions for the Account, or by any other third party. The federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith, and therefore nothing in this Agreement will waive or limit any rights that Client may have under those laws.

Appears in 3 contracts

Samples: Investment Management Agreement, Investment Management Agreement, Investment Advisory Management Agreement

Risk Acknowledgment. Advisor does not guarantee the future performance of the Account or any specific level of performance, the success of any investment decision or strategy that Advisor may use, or the success of Advisor’s overall management of the Account. Client understands that investment decisions made for Client’s Account by Advisor are subject to various market, currency, economic, political and business risks, and that those investment decisions will not always be profitable. Advisor will provide advice manage only with respect to the securities, cash and other investments held in Client’s Account and, and in making recommendations with respect to investment decisions for the Account, Advisor will not consider review, manage or oversee any other securities, cash or other investments owned by ClientClient which are not specifically disclosed and agreed to by the Advisor in writing. Except as may otherwise be provided by law, Advisor will not be liable to Client for (ai) any loss that Client may suffer by reason of any investment decision made or other action taken or omitted in good faith by Advisor with that degree of care, skill, prudence, and diligence under the circumstances that a prudent person acting in a fiduciary capacity would use; (bii) any loss arising from Advisor’s adherence to Client’s written or oral instructions; or (ciii) any independent act or failure to act by at the sole discretion of the Custodian, any broker or dealer to which Advisor directs transactions for the Account, or by any other third party. The federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith, and therefore nothing in this Agreement will waive or limit any rights that Client may have under those laws.

Appears in 1 contract

Samples: Investment Advisory Agreement

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Risk Acknowledgment. Advisor does not guarantee the future performance of the Account or any specific level of performance, the success of any investment decision or strategy that Advisor may use, or the success of Advisor’s overall management of the Account. Client understands that investment decisions made for Client’s Account by Advisor are subject to various market, currency, economic, political and business risks, and that those investment decisions will not always be profitable. Advisor will provide advice only with respect to the securities, cash and other investments held in Client’s Account and, in making recommendations with respect to the Account, Advisor will not consider any other securities, cash or other investments owned by Client. Except as may otherwise be provided by law, Advisor will not be liable to Client for (a) any loss that Client may suffer by reason of any investment decision made or other action taken or omitted in good faith by Advisor with that degree of care, skill, prudencexxxxxxxx, and diligence under the circumstances that a prudent person acting in a fiduciary capacity would use; (b) any loss arising from Advisor’s adherence to Client’s written or oral instructions; or (c) any act or failure to act by the Custodian, any broker or dealer to which Advisor directs transactions for the Account, or by any other third party. The federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith, and therefore nothing in this Agreement will waive or limit any rights that Client may have under those laws.

Appears in 1 contract

Samples: Investment Advisory Agreement

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