Indemnification Reliance and Limitation of Liability. A. Standard of Care. Each party’s duties are limited to those expressly set forth in this Agreement and the parties do not assume any implied duties. NLCS shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing the Services provided for under this Agreement. NLCS shall be liable for damages arising directly or indirectly out of NLCS’ failure to perform its duties under this Agreement to the extent such damages arise directly or indirectly out of NLCS’ bad faith, gross negligence or willful misconduct or reckless disregard for its duties under this Agreement.
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Sources: Consulting Agreement (Dynamic Alternatives Fund), Consulting Agreement (Dynamic Alternatives Fund)