Common use of Liability of the Advisor Clause in Contracts

Liability of the Advisor. Neither the Advisor nor its officers, directors, employees, agents or controlling person (“Associated Person”) of the Advisor shall be liable for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with the matters to which this Agreement relates including, without limitation, losses that may be sustained in connection with the purchase, holding, redemption or sale of any investment security or other investment by the Trust except a loss resulting from willful misfeasance, bad faith or gross negligence on the part of the Advisor or an Associated Person in the performance of their duties or from reckless disregard by them of their duties under this Agreement.