Common use of LIMITATION OF LIABILITY OF ADVISER Clause in Contracts

LIMITATION OF LIABILITY OF ADVISER. You shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on your part in the performance of your duties or from reckless disregard by you of your obligations and duties under this Agreement. Any person, even though also employed by you, who may be or become an employee of and paid by the Trust or the Fund shall be deemed, when acting within the scope of his employment by the Trust, to be acting in such employment solely for the Trust and not as your employee or agent.

Appears in 104 contracts

Sources: Investment Advisory Agreement (Harbor ETF Trust), Investment Advisory Agreement (Harbor ETF Trust), Investment Advisory Agreement (Harbor ETF Trust)

LIMITATION OF LIABILITY OF ADVISER. You shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund Portfolio in connection with the matters to which this Agreement relates, relates except a loss resulting from willful misfeasance, bad faith or gross negligence on your part in the performance of your duties or from reckless disregard by you of your obligations and duties under this Agreement. Any person, even though also employed by you, who may be or become an employee of and paid by the Trust or the Fund shall be deemed, when acting within the scope of his employment by the TrustFund, to be acting in such employment solely for the Trust Fund and not as your employee or agent.

Appears in 6 contracts

Sources: Investment Advisory Agreement (Scudder Variable Life Investment Fund/Ma/), Investment Advisory Agreement (Scudder Variable Life Investment Fund/Ma/), Investment Advisory Agreement (Scudder Variable Life Investment Fund/Ma/)

LIMITATION OF LIABILITY OF ADVISER. You shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund Trust in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on your part in the performance of your duties or from reckless disregard by you of your obligations and duties under this Agreement. Any person, even though also employed by you, who may be or become an employee of and paid by the Trust or the Fund shall be deemed, when acting within the scope of his employment by the Trust, to be acting in such employment solely for the Trust and not as your employee or agent.

Appears in 5 contracts

Sources: Investment Management and Advisory Agreement (Aarp Tax Free Income Trust), Investment Management and Advisory Agreement (Aarp Income Trust), Investment Management and Advisor's Agreement (Aarp Cash Investment Funds)

LIMITATION OF LIABILITY OF ADVISER. You shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on your part in the performance of your duties or from reckless disregard by you of your obligations and duties under this Agreement. Any person, even though also employed by you, who may be or become an employee of and paid by the Trust or the Fund shall be deemed, when acting within the scope of his employment by the TrustFund, to be acting in such employment solely for the Trust Fund and not as your employee or agent.

Appears in 5 contracts

Sources: Investment Advisory Agreement (Harbor ETF Trust), Investment Advisory Agreement (Harbor ETF Trust), Investment Advisory Agreement (Harbor ETF Trust)

LIMITATION OF LIABILITY OF ADVISER. You shall not be liable for any error ---------------------------------- of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on your part in the performance of your duties or from reckless disregard by you of your obligations and duties under this Agreement. Any person, even though also employed by you, who may be or become an employee of and paid by the Trust or the Fund shall be deemed, when acting within the scope of his employment by the Trust, to be acting in such employment solely for the Trust and not as your employee or agent.

Appears in 4 contracts

Sources: Investment Advisory Agreement (Goldman Sachs Trust), Investment Advisory Agreement (Goldman Sachs Trust), Investment Advisory Agreement (Goldman Sachs Trust)

LIMITATION OF LIABILITY OF ADVISER. You shall not be liable for any error of judgment or mistake of law or for any loss suffered by the a Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on your part in the performance of your duties or from reckless disregard by you of your obligations and duties under this Agreement. Any person, even though also employed by you, who may be or become an employee of and paid by the Trust or the a Fund shall be deemed, when acting within the scope of his employment by the Trust, to be acting in such employment solely for the Trust and not as your employee or agent.

Appears in 4 contracts

Sources: Investment Advisory Agreement (Harbor ETF Trust), Investment Advisory Agreement (Harbor Funds), Investment Advisory Agreement (Harbor Funds)

LIMITATION OF LIABILITY OF ADVISER. You shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, relates except a loss resulting from willful misfeasance, bad faith or gross negligence on your part in the performance of your duties or from reckless disregard by you of your obligations and duties under this Agreement. Any person, even though also employed by you, who may be or become an employee of and paid by the Trust or the Fund shall be deemed, when acting within the scope of his employment by the TrustFund, to be acting in such employment solely for the Trust Fund and not as your employee or agent.

Appears in 4 contracts

Sources: Investment Advisory Agreement (Scudder Variable Life Investment Fund/Ma/), Investment Advisory Agreement (Scudder Tax Free Trust), Investment Advisory Agreement (Scudder Tax Free Trust)

LIMITATION OF LIABILITY OF ADVISER. You shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on your part in the performance of your duties or from reckless disregard by you of your obligations and duties under this Agreement. Any person, even though also employed by you, who may be or become an employee of and paid by the Trust or on behalf of the Fund shall be deemed, when acting within the scope of his employment by the Trust, to be acting in such employment solely for the Trust and not as your employee or agent.

Appears in 3 contracts

Sources: Investment Advisory Agreement (Scudder State Tax Free Trust), Investment Advisory Agreement (Scudder State Tax Free Trust), Investment Advisory Agreement (Scudder State Tax Free Trust)

LIMITATION OF LIABILITY OF ADVISER. You shall not be liable for any ---------------------------------- error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on your part in the performance of your duties or from reckless disregard by you of your obligations and duties under this Agreement. Any person, even though also employed by you, who may be or become an employee of and paid by the Trust or the Fund shall be deemed, when acting within the scope of his employment by the Trust, to be acting in such employment solely for the Trust and not as your employee or agent.

Appears in 2 contracts

Sources: Investment Advisory Agreement (Goldman Sachs Money Market Trust), Investment Advisory Agreement (Goldman Sachs Money Market Trust)

LIMITATION OF LIABILITY OF ADVISER. You shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund Trust in connection with the matters to which this Agreement Contract relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on your part in the performance of your duties or from reckless disregard by you of your obligations and duties under this AgreementContract. Any person, even though also employed by you, who may be or become an employee of and paid by the Trust or the Fund shall be deemed, when acting within the scope of his employment by the Trust, Trust to be acting in such employment solely for the Trust and not as your employee or agent.

Appears in 2 contracts

Sources: Investment Management Contract (Hancock John Income Securities Trust /Ma), Investment Management Contract (Hancock John Investors Trust)

LIMITATION OF LIABILITY OF ADVISER. You shall not be liable for any error of judgment or mistake of law or of for any loss suffered by the Fund Trust or the Funds in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on your part in the performance of your duties or from reckless disregard by you of your obligations and duties under this Agreement. Any person, even though also employed by you, who may be or become an employee of and paid by the Trust or the Fund Funds shall be deemed, when acting within the scope of his employment by the TrustTrust or the Funds, to be acting in such employment solely for the Trust or the Funds and not as your employee or agent.

Appears in 1 contract

Sources: Investment Management Contract (Hancock John World Fund)

LIMITATION OF LIABILITY OF ADVISER. You shall not be liable for any ---------------------------------- error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on your part in the performance of your duties or from reckless disregard by you of your obligations and duties under this Agreement. Any person, even though also employed by you, who may be or become an employee of and paid by the Trust or the Fund shall be deemed, when acting within the scope of his employment by the Trust, to be acting in such employment solely for the Trust and not as your employee or agent.

Appears in 1 contract

Sources: Investment Advisory Agreement (Goldman Sachs Trust)

LIMITATION OF LIABILITY OF ADVISER. You shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund Trust or the Funds in connection with the matters to which this Agreement Contract relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on your part in the performance of your duties or from reckless disregard by you of your obligations and duties under this AgreementContract. Any person, even though also employed by you, who may be or become an employee of and paid by the Trust or the Fund Funds shall be deemed, when acting within the scope of his employment by the TrustTrust or the Funds, to be acting in such employment solely for the Trust or the Funds and not as your employee or agent.

Appears in 1 contract

Sources: Investment Management Contract (Hancock John Tax Exempt Series Fund)

LIMITATION OF LIABILITY OF ADVISER. You shall not be liable for any error ---------------------------------- of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on your part in the performance of your duties or from reckless disregard by you of your obligations and duties under this Agreement. Any person, even though also employed by you, who may be or become an employee of and paid by the Trust or the Fund shall be deemed, when acting within the scope of his employment by the Trust, to be acting in such employment solely for the Trust and not as your employee or agent.

Appears in 1 contract

Sources: Investment Advisory Agreement (Goldman Sachs Trust)

LIMITATION OF LIABILITY OF ADVISER. You shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on your part in the performance of your duties or from reckless disregard by you of your obligations and duties under this Agreement. Any person, even though also employed by you, who may be or become an employee of and paid by the Trust or on behalf of the Fund shall be deemed, when acting within the scope of his employment by of the Trust, to be acting in such employment solely for the Trust and not as your employee or agent.

Appears in 1 contract

Sources: Investment Advisory Agreement (Scudder State Tax Free Trust)

LIMITATION OF LIABILITY OF ADVISER. You shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund each fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on your part in the performance of your duties or from reckless disregard by you of your obligations and duties under this Agreement. Any person, even though also employed by you, who may be or become an employee of and paid by the Trust or the Fund each fund shall be deemed, when acting within the scope of his employment by the Trusteach fund, to be acting in such employment solely for the Trust each fund and not as your employee or agent.

Appears in 1 contract

Sources: Investment Advisory Agreement (Harbor Funds II)

LIMITATION OF LIABILITY OF ADVISER. You shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on your part in the performance of your duties or from reckless disregard by you of your obligations and duties under this Agreement. Any person, even though also employed by you, who may be or become an employee of and paid by the Trust or on behalf of the Fund shall be deemed, when acting within the scope of his employment by the Trust, to be acting in such employment solely for the Trust trust and not as your employee or agent.

Appears in 1 contract

Sources: Investment Advisory Agreement (Scudder State Tax Free Trust)