Common use of STANDARD OF CARE; INDEMNITY Clause in Contracts

STANDARD OF CARE; INDEMNITY. (a) The Trust shall expect of the Adviser, and the Adviser will give the Trust the benefit of, the Adviser's best judgment and efforts in rendering its services to the Trust. The Adviser shall not be liable hereunder for any mistake of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken or in any event whatsoever with respect to the Trust, the Fund or any of the Fund's shareholders in the absence of bad faith, willful misfeasance or negligence in the performance of the Adviser's duties or obligations under this Agreement or by reason of the Adviser's reckless disregard of its duties and obligations under this Agreement.

STANDARD OF CARE; INDEMNITY. (a) The Trust shall expect of the Adviser, and the Adviser will give the Trust the benefit of, the Adviser's ’s best judgment and efforts in rendering its services to the Trust. The Adviser shall not be liable hereunder for any mistake of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken or in any event whatsoever with respect to the Trust, the Fund or any of the Fund's ’s shareholders in the absence of bad faith, willful misfeasance or negligence in the performance of the Adviser's ’s duties or obligations under this Agreement or by reason of the Adviser's ’s reckless disregard of its duties and obligations under this Agreement.

STANDARD OF CARE; INDEMNITY. (a) The Trust shall expect of the Adviser, and the Adviser will give the Trust the benefit of, the Adviser's best judgment and efforts in rendering its services to the Trust. The Adviser shall not be liable hereunder for any mistake of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken or in any event whatsoever with respect to the Trust, the Fund or any of the Fund's shareholders in the absence of bad faith, willful misfeasance or gross negligence in the performance of the Adviser's duties or obligations under this Agreement or by reason of the Adviser's reckless disregard of its duties and obligations under this Agreement.

STANDARD OF CARE; INDEMNITY. (a) The Trust shall expect of the Adviser, and the Adviser will give the Trust the benefit of, the Adviser's ’s best judgment and efforts in rendering its services to the Trust. The Adviser shall not be liable hereunder for any mistake of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken or in any event whatsoever with respect to the Trust, the Fund or any of the Fund's ’s shareholders in the absence of bad faith, willful misfeasance or gross negligence in the performance of the Adviser's ’s duties or obligations under this Agreement or by reason of the Adviser's ’s reckless disregard of its duties and obligations under this Agreement.

STANDARD OF CARE; INDEMNITY. (a) The Trust shall expect of the Adviser, and the Adviser will give the Trust the benefit of, the Adviser's best judgment and efforts in rendering its services to the Trust. The However, the Adviser shall not be liable hereunder under this Section 5 or otherwise under this Agreement, for any mistake of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken or in any event whatsoever with respect to the Trust, the Fund or any of the Fund's shareholders in the absence of bad faith, willful misfeasance or negligence in the performance of the Adviser's duties or obligations under this Agreement or by reason of the Adviser's reckless disregard of its duties and obligations under this Agreement.

STANDARD OF CARE; INDEMNITY. (a) The Trust shall expect of the Adviser, and the Adviser will give the Trust the benefit of, the Adviser's best judgment and efforts in rendering its services to the Trust. The Adviser shall not be liable hereunder for any mistake of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken or in any event whatsoever with respect to the Trust, the Fund or any of the Fund's shareholders in the absence of bad faith, willful misfeasance or negligence by the Adviser in the performance of the Adviser's duties or obligations under this Agreement or by reason of the Adviser's reckless disregard of its duties and obligations under this Agreement.

STANDARD OF CARE; INDEMNITY. (a) The Trust shall expect of the Adviser, and the Adviser will give the Trust the benefit of, the Adviser's best judgment and efforts in rendering its services to the Trust. The Adviser shall not be liable hereunder for any mistake of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken or in any event whatsoever with respect to the Trust, the Fund or any of the Fund's shareholders in the absence of bad faith, willful misfeasance or negligence in the performance of the Adviser's duties or obligations under this Agreement or by reason of the Adviser's reckless disregard of its duties and obligations under this Agreement.

STANDARD OF CARE; INDEMNITY. (a) The Trust shall expect of the Adviser, and the Adviser will give the Trust the benefit of, the Adviser's ’s best judgment and efforts in rendering its services to the Trust. The Adviser shall not be liable hereunder for any mistake of judgment or mistake of law or for any loss arising out of any investment or for any act or omission taken or in any event whatsoever with respect to the Trust, the a Fund or any of the a Fund's ’s shareholders in the absence of bad faith, willful misfeasance or gross negligence in the performance of the Adviser's ’s duties or obligations under this Agreement or by reason of the Adviser's ’s reckless disregard of its duties and obligations under this Agreement.