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

Standard of Care; Limitation of Liability. The Sub-Adviser shall exercise due care and diligence and use the same skill and care in providing its services hereunder as it uses in providing services to other investment companies and accounts, but shall not be liable for any action taken or omitted by it in the performance of services rendered hereunder in the absence of its bad faith, willful misconduct, gross negligence or reckless disregard of its duties.

Appears in 15 contracts

Samples: Investment Sub Advisory Agreement (Atlas Funds), Investment Sub Advisory Agreement (Atlas Funds), Sub Advisory Agreement (Pacific Capital Funds)

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Standard of Care; Limitation of Liability. The Sub-Adviser shall exercise due care and diligence and use the same skill and care in providing its services hereunder as it uses in providing services to other investment companies and accountscompanies, but shall not be liable for any action taken or omitted by it Sub-Adviser in the performance of services rendered hereunder in the absence of its bad faith, willful misconduct, gross negligence or reckless disregard of its duties.

Appears in 6 contracts

Samples: Sub Advisory Agreement (Pacific Capital Funds), Sub Advisory Agreement (Pacific Capital Funds), Sub Advisory Agreement (Pacific Capital Funds)

Standard of Care; Limitation of Liability. The Sub-Adviser shall exercise due care and diligence and use the same skill and care in providing its services hereunder as it uses in providing services to other investment companies and accountscompanies, but shall not be liable for any action taken or omitted by it in the performance of services rendered hereunder Sub-Adviser in the absence of its bad faith, willful misconduct, gross negligence or reckless disregard of its duties.

Appears in 3 contracts

Samples: Sub Advisory Agreement (Arch Funds Inc), Sub Advisory Agreement (Arch Fund Inc), Sub Advisory Agreement (Arch Funds Inc)

Standard of Care; Limitation of Liability. The Sub-Adviser shall ----------------------------------------- exercise due care and diligence and use the same skill and care in providing its services hereunder as it uses in providing services to other investment companies and accountscompanies, but shall not be liable for any action taken or omitted by it in the performance of services rendered hereunder Sub- Adviser in the absence of its bad faith, willful misconduct, gross negligence or reckless disregard of its duties.

Appears in 3 contracts

Samples: Sub Advisory Agreement (Mercantile Mutual Funds Inc), Interim Sub Advisory Agreement (Mercantile Mutual Funds Inc), Sub Advisory Agreement (Mercantile Mutual Funds Inc)

Standard of Care; Limitation of Liability. The Sub-Adviser shall ----------------------------------------- exercise due care and diligence and use the same skill and care in providing its services hereunder as it uses in providing services to other investment companies and accountscompanies, but shall not be liable for any action taken or omitted by it in the performance of services rendered hereunder Sub- Adviser in the absence of its bad faith, willful misconduct, gross negligence or reckless disregard of its duties. Notwithstanding the foregoing, it is agreed that the relative investment performance of the Fund Account shall not constitute a breach by the Sub-Adviser of these obligations.

Appears in 2 contracts

Samples: Sub Advisory Agreement (Msd&t Funds Inc), Interim Sub Advisory Agreement (Msd&t Funds Inc)

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Standard of Care; Limitation of Liability. The Sub-Adviser shall ----------------------------------------- exercise due care and diligence and use the same skill and care in providing its services hereunder as it uses in providing services to other investment companies and accountscompanies, but shall not be liable for any action taken or omitted by it in the performance of services rendered hereunder Sub- Adviser in the absence of its bad faith, willful misconduct, gross negligence or reckless disregard of its duties.

Appears in 2 contracts

Samples: Sub Advisory Agreement (Msd&t Funds Inc), Sub Advisory Agreement (Msd&t Funds Inc)

Standard of Care; Limitation of Liability. The Sub-Adviser shall ----------------------------------------- exercise due care and diligence and use the same skill and care in providing its services hereunder as it uses in providing services to other investment companies and accountscompanies, but shall not be liable for any action taken or omitted by it in the performance of services rendered hereunder Sub- Adviser in the absence of its bad faith, willful misconduct, gross negligence or reckless disregard of its duties. Notwithstanding the foregoing it is agreed that the relative investment performance of the Fund shall not constitute a breach by the Sub-Adviser of these obligations.

Appears in 1 contract

Samples: Sub Advisory Agreement (Msd&t Funds Inc)

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