Common use of Limitation of Trading Advisor Liability Clause in Contracts

Limitation of Trading Advisor Liability. In respect of the Trading Advisor's role in the futures interests trading of the Partnership's assets, none of the Trading Advisor, or its controlling persons, its affiliates, and their respective directors, officers, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a material breach of this Agreement or a representation, warranty or covenant herein, misconduct or negligence or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.

Appears in 4 contracts

Sources: Management Agreement (Dean Witter Spectrum Select Lp), Management Agreement (Dean Witter Spectrum Select Lp), Management Agreement (Dean Witter Spectrum Select Lp)

Limitation of Trading Advisor Liability. In respect of the Trading Advisor's role in the futures interests trading of the Partnership's assets, none of the Trading Advisor, or its controlling persons, its affiliates, and their respective directors, officers, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a material breach of this Agreement or a representation, warranty or covenant herein, willful misconduct or negligence or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.

Appears in 3 contracts

Sources: Management Agreement (Morgan Stanley Diversified Futures Fund L.P.), Management Agreement (Morgan Stanley Charter Aspect L.P.), Management Agreement (Morgan Stanley Portfolio Strategy Fund L.P.)

Limitation of Trading Advisor Liability. In respect of the Trading Advisor's role in the futures interests trading of its allocated portion of the Partnership's assets, none of the Trading Advisor, or its controlling persons, its affiliates, and their respective directors, officers, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a material breach of this Agreement or a representation, warranty or covenant herein, misconduct or negligence or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.

Appears in 3 contracts

Sources: Management Agreement (Morgan Stanley Spectrum Select Lp), Management Agreement (Morgan Stanley Spectrum Technical Lp), Management Agreement (Morgan Stanley Spectrum Strategic Lp)

Limitation of Trading Advisor Liability. In respect of the Trading Advisor's role in the futures interests trading of the Partnership's assets, none of the Trading Advisor, or its controlling persons, its affiliates, and their respective managers, directors, officers, members, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a material breach of this Agreement or a representation, warranty or covenant herein, misconduct or negligence or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.

Appears in 2 contracts

Sources: Management Agreement (Morgan Stanley Dean Witter Spectrum Currency Lp), Management Agreement (Morgan Stanley Dean Witter Spectrum Currency Lp)

Limitation of Trading Advisor Liability. In respect of the Trading Advisor's role in the futures interests trading of its allocated portion of the Partnership's assets, none of the Trading Advisor, Advisor or its controlling persons, its affiliates, and their respective directors, officers, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors directors, or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a material breach of this Agreement or a representation, warranty or covenant herein, misconduct or negligence negligence, or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.

Appears in 2 contracts

Sources: Management Agreement (Morgan Stanley Spectrum Currency Lp), Management Agreement (Morgan Stanley Spectrum Global Balanced Lp)

Limitation of Trading Advisor Liability. In respect of the Trading Advisor's role in the futures interests trading of the Partnership's assets, none of the Trading Advisor, or its controlling persons, its affiliates, and their respective directors, partners, officers, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a material breach of this Agreement or a representation, warranty or covenant herein, misconduct or negligence or is the result of any such person not having acted in good faith and in Exh. 10.01-8 the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.

Appears in 1 contract

Sources: Management Agreement (Morgan Stanley Dean Witter Spectrum Select Lp)

Limitation of Trading Advisor Liability. In respect of the Trading Advisor's ’s role in the futures interests trading of the Partnership's ’s assets, none of the Trading Advisor, or its controlling persons, its affiliates, and their respective directors, officers, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a material breach of this Agreement or a representation, warranty or covenant herein, misconduct or negligence or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.

Appears in 1 contract

Sources: Management Agreement (Morgan Stanley Charter WCM L.P.)

Limitation of Trading Advisor Liability. In respect of the Trading Advisor's role in the futures interests commodity interest contract trading of the Partnership's assets, none of the Trading Advisor, or its controlling persons, its affiliates, and their respective directors, officers, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a material breach of this Agreement or a representation, warranty or covenant herein, willful misconduct or negligence or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.

Appears in 1 contract

Sources: Management Agreement (Morgan Stanley Diversified Futures Fund Iii L.P.)

Limitation of Trading Advisor Liability. In respect of the Trading Advisor's ’s role in the futures interests trading of its allocated portion of the Partnership's ’s assets, none of the Trading Advisor, or its controlling persons, its affiliates, and their respective directors, officers, shareholders, employees or controlling persons shall be liable to the Partnership or the General Partner or their partners, officers, shareholders, directors or controlling persons except that the Trading Advisor shall be liable for acts or omissions of any such person provided that such act or omission constitutes a material breach of this Agreement or a representation, warranty or covenant herein, misconduct or negligence or is the result of any such person not having acted in good faith and in the reasonable belief that such actions or omissions were in, or not opposed to, the best interests of the Partnership.

Appears in 1 contract

Sources: Management Agreement (Morgan Stanley Spectrum Strategic Lp)