Common use of Standard of Care and Limitation of Liability Clause in Contracts

Standard of Care and Limitation of Liability. The Sub-adviser shall exercise its best judgment in rendering the services provided by it under this Sub-advisory Agreement. The Sub-adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's shares in connection with the matters to which this Sub-advisory Agreement relate, provided that nothing in this Sub-advisory Agreement shall be deemed to protect or purport to protect the Sub-adviser against any liability to the Fund or to holders of the Fund's shares to which the Sub-adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-adviser's reckless disregard of its obligations and duties under this Sub-advisory Agreement. As used in this Section 6, the term "Sub-adviser" shall include any officers, directors, partners, employees, agents or other affiliates of the Sub-adviser performing services for the Fund.

Appears in 18 contracts

Samples: Advisory Agreement (HSBC Investor Funds), Sub Advisory Agreement (HSBC Investor Funds), Sub Advisory Agreement (HSBC Investor Funds)

AutoNDA by SimpleDocs

Standard of Care and Limitation of Liability. The Sub-adviser shall exercise its best judgment in rendering the services provided by it under this Sub-advisory Agreement. The Sub-adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund Portfolio or the holders of the FundPortfolio's shares in connection with the matters to which this Sub-advisory Agreement relate, provided that nothing in this Sub-advisory Agreement shall be deemed to protect or purport to protect the Sub-adviser against any liability to the Fund Portfolio or to holders of the FundPortfolio's shares to which the Sub-adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-adviser's reckless disregard of its obligations and duties under this Sub-advisory Agreement. As used in this Section 6, the term "Sub-adviser" shall include any officers, directors, partners, employees, agents or other affiliates of the Sub-adviser performing services for the FundPortfolio.

Appears in 12 contracts

Samples: Sub Advisory Agreement (HSBC Investor Portfolios), Sub Advisory Agreement (HSBC Investor Funds), Sub Advisory Agreement (HSBC Investor Funds)

Standard of Care and Limitation of Liability. The Sub-adviser Subadviser shall exercise its best business judgment and reasonable care in rendering the services provided by it under this Sub-advisory Subadvisory Agreement. The Sub-adviser Subadviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's shares or by the Adviser in connection with the matters to which this Sub-advisory Subadvisory Agreement relaterelates, provided that nothing in this Sub-advisory Subadvisory Agreement shall be deemed to protect or purport to protect the Sub-adviser Subadviser against any liability to the Fund or to holders of the Fund's shares or to the Adviser to which the Sub-adviser Subadviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-adviserSubadviser's reckless disregard of its obligations and duties under this Sub-advisory Subadvisory Agreement. As used in this Section 6, the term "Sub-adviserSubadviser" shall include any officers, directors, partners, employees, agents employees or other affiliates of the Sub-adviser Subadviser performing services for the Fund.

Appears in 7 contracts

Samples: Agreement (Pilgrim Mayflower Trust), Fund Subadvisory Agreement (Northstar Advantage Trust), Fund Subadvisory Agreement (Northstar NWNL Trust)

Standard of Care and Limitation of Liability. The Sub-adviser shall exercise its best judgment in rendering the services provided by it under this Sub-advisory Agreement. The Sub-adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund Portfolio or the holders of the Fund's Portfolio’s shares in connection with the matters to which this Sub-advisory Agreement relate, provided that nothing in this Sub-advisory Agreement shall be deemed to protect or purport to protect the Sub-adviser against any liability to the Fund Portfolio or to holders of the Fund's Portfolio’s shares to which the Sub-adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-adviser's ’s reckless disregard of its obligations and duties under this Sub-advisory Agreement. As used in this Section 6, the term "Sub-adviser" shall include any officers, directors, partners, employees, agents or other affiliates of the Sub-adviser performing services for the FundPortfolio.

Appears in 6 contracts

Samples: Opportunity Portfolio Sub Advisory Agreement (HSBC Investor Funds), Sub Advisory Agreement (HSBC Investor Funds), Sub Advisory Agreement (HSBC Investor Funds)

Standard of Care and Limitation of Liability. The Sub-adviser shall exercise its best judgment in rendering the services provided by it under this Sub-advisory Agreement. The Sub-adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's ’s shares in connection with the matters to which this Sub-advisory Agreement relate, provided that nothing in this Sub-advisory Agreement shall be deemed to protect or purport to protect the Sub-adviser against any liability to the Fund or to holders of the Fund's ’s shares to which the Sub-adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-adviser's reckless disregard ’s breach of its obligations and duties under this Sub-advisory Agreement. As used in this Section 6, the term "Sub-adviser" shall include any officers, directors, partners, employees, agents or other affiliates of the Sub-adviser performing services for the Fund.

Appears in 5 contracts

Samples: HSBC Funds HSBC Asia Ex (HSBC Funds), HSBC Funds HSBC RMB Fixed Income Fund Sub Advisory Agreement (HSBC Funds), Sub Advisory Agreement (HSBC Funds)

Standard of Care and Limitation of Liability. The Sub-adviser shall exercise its best judgment in rendering the services provided by it under this Sub-advisory Agreement. The Sub-adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's ’s shares in connection with the matters to which this Sub-advisory Agreement relate, provided that nothing in this Sub-advisory Agreement shall be deemed to protect or purport to protect the Sub-adviser against any liability to the Fund or to holders of the Fund's ’s shares to which the Sub-adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-adviser's ’s reckless disregard of its obligations and duties under this Sub-advisory Agreement. As used in this Section 6, the term "Sub-adviser" shall include any officers, directors, partners, employees, agents or other affiliates of the Sub-adviser performing services for the Fund.

Appears in 5 contracts

Samples: Sub Advisory Agreement (HSBC Investor Funds), Sub Advisory Agreement (HSBC Investor Funds), Sub Advisory Agreement (HSBC Investor Funds)

Standard of Care and Limitation of Liability. The Sub-adviser shall exercise its best judgment in rendering the services provided by it under this Sub-advisory Agreement. The Sub-adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund Portfolio or the holders of the FundPortfolio's shares in connection with the matters to which this Sub-advisory Agreement relate, provided that nothing in this Sub-advisory Agreement shall be deemed to protect or purport to protect the Sub-adviser against any liability to the Fund Portfolio or to holders of the FundPortfolio's shares to which the Sub-adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-adviser's reckless disregard of its obligations and duties under this Sub-advisory Agreement. As used in this Section 6, the term "Sub-adviser" shall include any officers, directors, partners, employees, agents employees or other affiliates of the Sub-adviser performing services for the FundPortfolio.

Appears in 4 contracts

Samples: HSBC Investor Funds, HSBC Investor Portfolios, HSBC Investor Funds

AutoNDA by SimpleDocs

Standard of Care and Limitation of Liability. The Sub-adviser Subadviser shall exercise its best business judgment and reasonable care in rendering the services provided by it under this Sub-advisory Subadvisory Agreement. The Sub-adviser Subadviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's shares or by the Adviser in connection with the matters to which this Sub-advisory Subadvisory Agreement relaterelates, provided that nothing in this Sub-advisory Subadvisory Agreement shall be deemed to protect or purport to protect the Sub-adviser Subadviser against any liability to the Fund or to holders of the Fund's shares or to the Adviser to which the Sub-adviser Subadviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-adviserSubadviser's reckless disregard of its obligations and duties under this Sub-advisory the Subadvisory Agreement. As used in this Section 6, the term "Sub-adviserSubadviser" shall include any officers, directors, partners, employees, agents employees or other affiliates of the Sub-adviser Subadviser performing services for the Fund.

Appears in 2 contracts

Samples: Fund Subadvisory Agreement (Northstar Advantage Trust), Fund Subadvisory Agreement (Northstar Advantage Trust)

Standard of Care and Limitation of Liability. The Sub-adviser Subadviser shall exercise its best judgment in rendering the services provided by it under this Sub-advisory Subadvisory Agreement. The Sub-adviser Subadviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or the holders holder's of the Fund's shares or by the Adviser in connection with the matters to which this Sub-advisory Subadvisory Agreement relaterelates, provided that nothing in this Sub-advisory Subadvisory Agreement shall be deemed to protect or purport to protect the Sub-adviser Subadviser against any liability to the Fund or to holders of the Fund's shares or to the Adviser to which the Sub-adviser Subadviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-adviserSubadviser's reckless disregard of its obligations and duties under this Sub-advisory Subadvisory Agreement. As used in this Section 6, the term "Sub-adviserSubadvisor" shall include any officers, directors, partners, employees, agents employees or other affiliates of the Sub-adviser Subadviser performing services for the Fund.

Appears in 2 contracts

Samples: Agreement (Pilgrim Variable Products Trust), Agreement (Pilgrim Mayflower Trust)

Standard of Care and Limitation of Liability. The Sub-adviser shall exercise its best judgment in rendering the services provided by it under this Sub-advisory Agreement. The Sub-adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund Portfolios or the holders of the Fund's Portfolios' shares in connection with the matters to which this Sub-advisory Agreement relate, provided that nothing in this Sub-advisory Agreement shall be deemed to protect or purport to protect the Sub-adviser against any liability to the Fund Portfolios or to holders of the Fund's Portfolios' shares to which the Sub-adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-adviser's reckless disregard of its obligations and duties under this Sub-advisory Agreement. As used in this Section 6, the term "Sub-adviser" shall include any officers, directors, partners, employees, agents or other affiliates of the Sub-adviser performing services for the FundPortfolios.

Appears in 1 contract

Samples: Advisory Agreement (HSBC Investor Funds)

Standard of Care and Limitation of Liability. The Sub-adviser Subadviser shall exercise its best judgment in rendering the services provided by it under this Sub-advisory Subadvisory Agreement. The Sub-adviser Subadviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund Portfolio or the holders of the FundPortfolio's shares or by the Adviser in connection with the matters to which this Sub-advisory Subadvisory Agreement relaterelates, provided that nothing in this Sub-advisory Subadvisory Agreement shall be deemed to protect or purport to protect the Sub-adviser Subadviser against any liability to the Fund Portfolio or to holders of the FundPortfolio's shares or to the Adviser to which the Sub-adviser Subadviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-adviserSubadviser's reckless disregard of its obligations and duties under this Sub-advisory Subadvisory Agreement. As used in this Section 6, the term "Sub-adviserSubadviser" shall include any officers, directors, partners, employees, agents employees or other affiliates of the Sub-adviser Subadviser performing services for the FundPortfolio.

Appears in 1 contract

Samples: Northstar Galaxy Trust Research Enhanced Index Portfolio Subadvisory Agreement (Northstar Galaxy Trust)

Time is Money Join Law Insider Premium to draft better contracts faster.