Common use of Liability of the Subadviser Clause in Contracts

Liability of the Subadviser. The Subadviser may rely on information reasonably believed by it to be accurate and reliable. The Subadviser shall have no responsibility under this Agreement other than to render the services called for hereunder, in good faith, and shall not be liable for any error of judgment or mistake of law, or for any loss arising out of any investment or for any act or omission in the execution of securities transactions for the Fund, provided that nothing in this Agreement shall protect the Subadviser against any liability to TAM or the Fund to which the Subadviser would otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder. As used in this Section 10, the term the “Subadviser” shall include any affiliates of the Subadviser performing services for the Trust or the Fund contemplated hereby and the partners, shareholders, directors, officers and employees of the Subadviser and such affiliates. TAM and the Board understand that the value of investments made for the Fund may go up as well as down, is not guaranteed and that investment decisions will not always be profitable. Neither the Subadviser nor TAM have made, and are not making, any guarantees, including any guarantee as to any specific level of performance of the Fund. TAM and the Board understand that investment decisions made on behalf of the Fund by the Subadviser are subject to various market and business risks.

Liability of the Subadviser. The Subadviser may rely on information reasonably believed by it to be accurate and reliable. The Subadviser shall have assumes no responsibility under this Agreement other than to render the services called for hereunder, in good faith, and shall not be liable for any error of judgment or mistake of law, or for any loss arising out of any investment or for any act or omission in the execution of securities transactions for the Fund, provided that nothing in this Agreement shall protect the Subadviser against any liability to TAM or the Fund to which the Subadviser would otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder. hereunder As used in this Section 1011, the term the “Subadviser” shall include any affiliates of the Subadviser performing services for the Trust or the Fund contemplated hereby and the partners, shareholders, directors, officers and employees of the Subadviser and such affiliates. TAM acknowledges and agrees that Subadviser has no duty or obligation with respect to the Board understand that selection, monitoring or overseeing of the value of investments made for pooled investment vehicles (other than exchange-traded funds) in which the Fund may go up as well as downinvest, is not guaranteed including the managers of any such pooled investment vehicles, and that TAM will perform those duties (collectively, such duties “Underlying Fund and Manager Selection”). TAM further acknowledges and agrees that the Investment Guidelines and any Limitations may limit the investment decisions will not always be profitable. Neither options available to the Subadviser in implementing the Fund’s investment program. The Subadviser gives no warranty as to the performance or profitability of the Allocated Assets, nor TAM have madeany guarantee that the investment objectives, and are not making, any guaranteesexpectations or targets described in this Agreement and/or in the Registration Statement will be achieved, including without limitation any guarantee as to any specific level of performance of the Fund. TAM and the Board understand that investment decisions made on behalf of the Fund by the Subadviser are subject to various market and business risksrisk control, risk management or return objectives, expectations or targets.

Liability of the Subadviser. The Subadviser may rely on information reasonably believed by it to be accurate and reliable. The Subadviser shall have assumes no responsibility under this Agreement other than to render the services called for hereunder, in good faith, and shall not be liable for any error of judgment or mistake of law, or for any loss arising out of any investment or for any act or omission in the execution of securities transactions for the FundFunds, provided that nothing in this Agreement shall protect the Subadviser against any liability to TAM or the Fund Funds to which the Subadviser would otherwise be subject by reason of willful misfeasancemisconduct, bad faith, or gross negligence negligence, or breach of fiduciary duty in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder. As used in this Section 1012, the term the “Subadviser” shall include any affiliates of the Subadviser performing services for the Trust or the Fund Funds contemplated hereby and the partners, shareholders, directors, officers and employees of the Subadviser and such affiliates. TAM Federal and the Board understand that the value of investments made for the Fund may go up as well as down, is not guaranteed and that investment decisions will not always be profitable. Neither the Subadviser nor TAM have madestate securities laws impose liabilities under certain circumstances on persons who act in good faith, and are not making, nothing in this Agreement shall in any guarantees, including way constitute a waiver or limitation of any guarantee as to rights that either party may have under any specific level of performance of the Fund. TAM and the Board understand that investment decisions made on behalf of the Fund by the Subadviser are subject to various market and business riskssuch laws.

Liability of the Subadviser. The Subadviser may rely on information reasonably believed by it to be accurate and reliable. The Subadviser shall have assumes no responsibility under this Agreement other than to render the services called for hereunder, in good faith, and shall not be liable for any error of judgment or mistake of law, or for any loss arising out of any investment or for any act or omission in the execution of securities transactions for the Fund, provided that nothing in this Agreement shall protect the Subadviser against any liability to TAM or the Fund to which the Subadviser would otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder. As used in this Section 1011, the term the “Subadviser” shall include any affiliates of the Subadviser performing services for the Trust or the Fund contemplated hereby and the partners, shareholders, directors, officers and employees of the Subadviser and such affiliates. In the event TAM and or a Fund’s custodian engages in securities lending activities with respect to the Board understand Allocated Assets, the Subadviser will not be a party to or may not necessarily be aware of such lending activities. It is understood that the value of investments made Subadviser shall not be responsible for the Fund may go up as well as downsettlement delay or failure, is not guaranteed and that investment decisions will not always be profitable. Neither the Subadviser nor TAM have made, and are not making, corporate action failure or any guarantees, including any guarantee as related costs or loss due to any specific level of performance of the Fund. TAM and the Board understand that investment decisions made on behalf of the Fund by the Subadviser are subject to various market and business riskssuch activities.

Liability of the Subadviser. The Subadviser may rely on information reasonably believed by it to be accurate and reliable. The Subadviser shall have assumes no responsibility under this Agreement other than to render the services called for hereunder, in good faith, and shall not be liable for any error of judgment or mistake of law, or for any loss arising out of any investment or for any act or omission in the execution of securities transactions for the FundFunds, provided that nothing in this Agreement shall protect the Subadviser against any liability to TAM or the Fund Funds to which the Subadviser would otherwise be subject by reason of willful misfeasancemisconduct, bad faith, or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder. As used in this Section 1011, the term the “Subadviser” shall include any affiliates of the Subadviser performing services for the Trust or the Fund Funds contemplated hereby and the partners, shareholders, directors, officers and employees of the Subadviser and such affiliates. TAM Federal and the Board understand that the value of investments made for the Fund may go up as well as down, is not guaranteed and that investment decisions will not always be profitable. Neither the Subadviser nor TAM have madestate securities laws impose liabilities under certain circumstances on persons who act in good faith, and are not making, nothing in this Agreement shall in any guarantees, including way constitute a waiver or limitation of any guarantee as to rights that either party may have under any specific level of performance of the Fund. TAM and the Board understand that investment decisions made on behalf of the Fund by the Subadviser are subject to various market and business riskssuch laws.

Liability of the Subadviser. The Subadviser may rely on information reasonably believed by it to be accurate and reliable. The Subadviser shall have assumes no responsibility under this Agreement other than to render the services called for hereunder, in good faith, hereunder and shall not be liable for any error of judgment or mistake of law, or for any loss arising out of any investment or for any act or omission in the execution of securities transactions for the Fund, provided that nothing in this Agreement shall protect the Subadviser against any liability loss to TAM or the Fund to which the Subadviser would otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder. As used in this Section 1011, the term the “Subadviser” shall include any affiliates of the Subadviser performing services for the Trust or the Fund contemplated hereby and the partners, shareholders, directors, officers and employees of the Subadviser and such affiliates. Nothing in this Agreement shall protect TAM or the Trust against any liability to Subadviser to which TAM or the Trust would otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of their respective duties or by reason of their reckless disregard of their obligations and duties hereunder. As used in this Section 11, the term “TAM” shall include any affiliates of TAM performing services for the Trust or the Fund contemplated hereby and the partners, shareholders, directors, officers and employees of TAM and such affiliates and the Board understand that the value of investments made for term “Trust” shall include any the Fund may go up as well as down, is not guaranteed and that investment decisions will not always be profitable. Neither the Subadviser nor TAM have made, and are not making, any guarantees, including any guarantee as to any specific level of performance officers of the Fund. TAM and the Board understand that investment decisions made on behalf of the Fund by the Subadviser are subject to various market and business risksTrust.