Common use of Liability of Adviser Clause in Contracts

Liability of Adviser. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard by the Adviser of its obligations and duties hereunder, the Adviser shall not be subject to any liability whatsoever to the Fund, or to any shareholder of the Fund, for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder including, without limitation, for any losses that may be sustained in connection with the purchase, holding, redemption or sale of any security on behalf of the Fund.

Appears in 66 contracts

Sources: Investment Advisory Agreement (Alleghany Funds), Investment Advisory Agreement (Abn Amro Funds), Investment Advisory Agreement (Alleghany Funds)

Liability of Adviser. In The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the absence Trust in connection with the performance of its duties under this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services, or a loss resulting from willful misfeasance, bad faithfaith or negligence on the part of the Adviser or any of its officers, gross negligence directors, employees or agents, in the performance of their duties under this Agreement, or from reckless disregard by the Adviser it of its obligations and duties hereunder, the Adviser shall not be subject to any liability whatsoever to the Fund, or to any shareholder of the Fund, for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder including, without limitation, for any losses that may be sustained in connection with the purchase, holding, redemption or sale of any security on behalf of the Fundunder this Agreement.

Appears in 28 contracts

Sources: Investment Advisory Agreement (Columbia Funds Series Trust), Investment Advisory Agreement (BofA Funds Series Trust), Investment Advisory Agreement (Nations Funds Trust)

Liability of Adviser. In The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the absence Trust in connection with the performance of its duties under this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services, or a loss resulting from willful misfeasance, bad faithfaith or negligence on the part of the Adviser or any of its officers, gross negligence directors, employees or agents, in the performance of their duties under this Agreement, or from reckless disregard by the Adviser of its it or obligations and duties hereunder, the Adviser shall not be subject to any liability whatsoever to the Fund, or to any shareholder of the Fund, for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder including, without limitation, for any losses that may be sustained in connection with the purchase, holding, redemption or sale of any security on behalf of the Fundunder this Agreement.

Appears in 11 contracts

Sources: Investment Advisory Agreement (Nations Funds Trust), Investment Advisory Agreement (Columbia Funds Variable Insurance Trust I), Investment Advisory Agreement (Nations Separate Account Trust)

Liability of Adviser. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard by of obligations or duties hereunder on the part of the Adviser or any of its obligations and duties hereunderofficers, directors, employees or agents, the Adviser shall not be subject to any liability whatsoever to the Fund, Company or to any shareholder of the Fund, Company for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder including, without limitation, or for any losses that may be sustained in connection with the purchase, holding, redemption holding or sale of any security on behalf of the Fundsecurity.

Appears in 9 contracts

Sources: Investment Advisory Agreement (Nations Lifegoal Funds Inc), Investment Advisory Agreement (Nations Fund Inc), Investment Advisory Agreement (Nations Fund Inc)

Liability of Adviser. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard by of obligations or duties hereunder on the part of the Adviser or any of its obligations and duties hereunderofficers, the Adviser directors or employees, it shall not be subject to any liability whatsoever to the Fund, Fund or to any shareholder of the Fund, Fund for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder including, without limitation, or for any losses that may may, from time to time, be sustained in connection with the purchase, holding, redemption holding or sale of any security on behalf of the Fundsecurity.

Appears in 9 contracts

Sources: Investment Advisory Agreement (Arbitrage Funds), Investment Advisory Agreement (Arbitrage Funds), Investment Advisory Agreement (Arbitrage Funds)

Liability of Adviser. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard by the Adviser of its obligations and duties hereunder, the Adviser shall not be subject to any liability whatsoever to the a Fund, or to any shareholder of the a Fund, for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder including, without limitation, for any losses that may be sustained in connection with the purchase, holding, redemption or sale of any security on behalf of the Fund.

Appears in 9 contracts

Sources: Investment Advisory Agreement (Aston Funds), Investment Advisory Agreement (Aston Funds), Investment Advisory Agreement (Aston Funds)

Liability of Adviser. In the absence of (a) willful misfeasance, bad faith, faith or gross negligence on the part of the Adviser in performance of its obligations and duties hereunder, or (b) reckless disregard by the Adviser of its obligations and duties hereunder, the Adviser shall not be subject to any liability whatsoever to the Fund, or to any shareholder of the Fund, Shareholder for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder including, without limitation, for any losses that may be sustained in connection with the purchase, holding, redemption or sale of any security on behalf of the Fund.

Appears in 8 contracts

Sources: Investment Advisory Agreement (KKR Enhanced US Direct Lending Fund-L), Investment Advisory Agreement (KKR US Direct Lending Fund-U), Investment Advisory Agreement (KKR Asset-Based Income Fund)

Liability of Adviser. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard by the Adviser of its obligations and duties hereunder, the Adviser shall not be subject to any liability whatsoever to the Fund, or to any shareholder of the Fund, for any error of judgmentjudgement, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder including, without limitation, for any losses that may be sustained in connection with the purchase, holding, redemption or sale of any security on behalf of the Fund.

Appears in 7 contracts

Sources: Investment Advisory Agreement (Spirit of America Investment Fund Inc), Investment Advisory Agreement (Bjurman Funds), Investment Advisory Agreement (Bjurman Funds)

Liability of Adviser. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard by the Adviser of its obligations and duties hereunder, the Adviser shall not be subject to any liability whatsoever to the a Fund, or to any shareholder of the a Fund, for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder including, without limitation, for any losses that may be sustained in connection with the purchase, holding, redemption or sale of any security on behalf of the a Fund.

Appears in 4 contracts

Sources: Investment Advisory Agreement (Aston Funds), Investment Advisory Agreement (Aston Funds), Interim Investment Advisory Agreement (Aston Funds)

Liability of Adviser. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard by the Adviser of its obligations and duties hereunder, the Adviser shall not be subject to any liability whatsoever to the Fund, or to any shareholder of the Fund, for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder including, without limitation, for any losses that may be sustained in connection with the purchase, holding, redemption or sale of any security on behalf of any Portfolio of the Fund.

Appears in 3 contracts

Sources: Investment Advisory Agreement (Stratton Funds, Inc.), Investment Advisory Agreement (Stratton Funds Inc), Investment Advisory Agreement (Stratton Funds, Inc.)

Liability of Adviser. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard by of obligations or duties hereunder on the part of the Adviser or any of its obligations and duties hereunderofficers, directors, employees or agents, the Adviser shall not be subject to any liability whatsoever to the Fund, Trust or to any shareholder of the Fund, Trust for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder including, without limitation, or for any losses that may be sustained in connection with the purchase, holding, redemption holding or sale of any security on behalf of the Fundsecurity.

Appears in 2 contracts

Sources: Investment Advisory Agreement (Nations Fund Trust), Investment Advisory Agreement (Nations Institutional Reserves)

Liability of Adviser. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard by the Adviser of its obligations and duties hereunder, the The Adviser shall not be subject to any liability whatsoever liable to the Fund, Fund or to -------------------- any shareholder of the Fund, for any error of judgment, mistake of law or any other act or omission in connection with the course of, or connected with, rendering services performance of its duties hereunder including, without limitation, for any losses that may be sustained in connection with the purchase, holding, redemption holding or sale of any security or the making of any investment for or on behalf of the Fund, except for liability to which the Adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties under this Agreement.

Appears in 1 contract

Sources: Investment Management Agreement (Nevis Fund Inc)

Liability of Adviser. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard by the Adviser of its obligations and duties hereunder, the Adviser shall not be subject to any liability whatsoever to the FundCorporation, or to any shareholder of the FundCorporation, for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder including, without limitation, for any losses that may be sustained in connection with the purchase, holding, redemption or sale of any security on behalf of the FundCorporation.

Appears in 1 contract

Sources: Investment Advisory Agreement (Focus Trust Inc)

Liability of Adviser. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard by the Adviser of its obligations and duties hereunder, the Adviser shall not be subject to any liability whatsoever to the FundPortfolios, or to any shareholder of the FundPortfolios, for any error of judgment, mistake of law or any other act or omission in the course of, or connected with, rendering services hereunder including, without limitation, for any losses that may be sustained in connection with the purchase, holding, redemption or sale of any security on behalf of the FundPortfolios.

Appears in 1 contract

Sources: Investment Advisory Agreement (Brinson Relationship Funds)