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 Trading Company, the Trading Advisor shall * Confidential material redacted and filed separately with the Commission. not be liable to the Trading Company or the Trading Manager or their partners, directors, officers, principals, managers, members, shareholders, employees, controlling persons or successors and assigns except that the Trading Advisor shall be liable for acts or omissions of the Trading Advisor that constitute a material breach of this Agreement or a representation, warranty or covenant herein, misconduct or negligence, or are the result of the Trading Advisor 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 Trading Company.

Appears in 1 contract

Sources: Advisory Agreement (Morgan Stanley Managed Futures LV, L.P.)

Limitation of Trading Advisor Liability. In connection with this Agreement and in respect of the Trading Advisor’s role in the futures interests trading of the Trading Company, the Trading Advisor shall * Confidential material redacted and filed separately with the Commission. not be liable to the Trading Company or the Trading Manager or their partners, directors, officers, principals, managers, membersmembers (including the Members as defined herein), shareholders, employees, controlling persons or successors and assigns except that the Trading Advisor shall be liable for acts or omissions of the Trading Advisor that constitute a material breach of this Agreement or a representation, warranty or covenant herein, willful misconduct or negligence, or are the result of the Trading Advisor 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 Trading Company. * Confidential material redacted and filed separately with the Commission.

Appears in 1 contract

Sources: Advisory Agreement (Morgan Stanley Managed Futures MV, L.P.)