Standard of Care and Limitation of Liability. The Sub-Adviser shall exercise its best judgment in rendering the services provided by it under this Agreement. The Sub-Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by each Fund or the holders of each Fund's shares in connection with the matters to which this Agreement relates, provided that nothing in this Agreement shall be deemed to protect or purport to protect the Sub-Adviser against any liability to the Trust, each Fund or to holders of each Fund's shares to which the Sub-Adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-Adviser's reckless disregard of its obligations and duties under this Agreement or otherwise for breach of this Agreement. As used in this section 9, the term "Sub-Adviser" shall include any officers, directors, employees or other affiliates of the Sub-Adviser performing services with respect to each Fund.
Appears in 5 contracts
Sources: Investment Sub Advisory Agreement (E Trade Funds), Investment Sub Advisory Agreement (E Trade Funds), Investment Sub Advisory Agreement (E Trade Funds)
Standard of Care and Limitation of Liability. The Sub-Adviser Subadvisor shall exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Sub-Adviser Subadvisor shall not be liable for any error of judgment or mistake of law or for any loss suffered by each the Fund or the holders of each the Fund's shares in connection with the matters to which this Subadvisory Agreement relates, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Sub-Adviser Subadvisor against any liability to the Trust, each Fund or to holders of each the Fund's shares to which the Sub-Adviser Subadvisor would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-AdviserSubadvisor's reckless disregard of its obligations and duties under this Agreement or otherwise for breach of this Subadvisory Agreement. As used in this section Section 9, the term "Sub-AdviserSubadvisor" shall include any officers, directors, employees or other affiliates of the Sub-Adviser Subadvisor performing services with respect to each for the Fund.
Appears in 5 contracts
Sources: Subadvisory Agreement (Forward Funds Inc), Subadvisory Agreement (Forward Funds Inc), Subadvisory Agreement (Forward Funds Inc)
Standard of Care and Limitation of Liability. The Sub-Adviser Subadviser shall exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Sub-Adviser Subadviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by each the Fund or the holders of each the Fund's shares in connection with the matters to which this Subadvisory Agreement relates, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Sub-Adviser Subadviser against any liability to the Trust, each Fund or to holders of each the Fund's shares to which the Sub-Adviser Subadviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-AdviserSubadviser's reckless disregard of its obligations and duties under this Agreement or otherwise for breach of this Subadvisory Agreement. As used in this section Section 9, the term "Sub-AdviserSubadviser" shall include any officers, directors, employees or other affiliates of the Sub-Adviser Subadviser performing services with respect to each for the Fund.
Appears in 3 contracts
Sources: Subadvisory Agreement (Forward Funds Inc), Subadvisory Agreement (Forward Funds Inc), Subadvisory Agreement (Forward Funds Inc)
Standard of Care and Limitation of Liability. The Sub-Adviser Subadviser shall exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Sub-Adviser Subadviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by each the Fund or the holders of each the Fund's shares in connection with the matters to which this Subadvisory Agreement relatesrelate, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Sub-Adviser Subadviser against any liability to the Trust, each Fund or to holders of each the Fund's shares to which the Sub-Adviser Subadviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-AdviserSubadviser's reckless disregard of its obligations and duties under this Agreement or otherwise for breach of this Subadvisory Agreement. As used in this section 9Section 6, the term "Sub-AdviserSubadviser" shall include any officers, directors, partners, employees or other affiliates of the Sub-Adviser Subadviser performing services with respect to each for the Fund.
Appears in 3 contracts
Sources: Subadvisory Agreement (Republic Funds), Subadvisory Agreement (Republic Funds), Subadvisory Agreement (Republic Funds)
Standard of Care and Limitation of Liability. The Sub-Adviser Subadviser shall exercise its best judgment in rendering the services provided by it under this Agreement. The Sub-Adviser Subadviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by each the Fund or the holders of each the Fund's shares in connection with the matters to which this Agreement relates, provided that nothing in this Agreement shall be deemed to protect or purport to protect the Sub-Adviser Subadviser against any liability to the Trust, each the Fund or to holders of each the Fund's shares to which the Sub-Adviser Subadviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-AdviserSubadviser's reckless disregard of its obligations and duties under this Agreement or otherwise for breach of this Agreement. As used in this section Section 9, the term "Sub-AdviserSubadviser" shall include any officers, directors, employees or other affiliates of the Sub-Adviser Subadviser performing services with respect to each the Fund.
Appears in 2 contracts
Sources: Investment Subadvisory Agreement (E Trade Funds), Investment Subadvisory Agreement (E Trade Funds)
Standard of Care and Limitation of Liability. The Sub-Adviser shall exercise its best judgment in rendering the services provided by it under this Agreement. The Sub-Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by each the Growth Fund or the holders of each the Growth Fund's shares in connection with the matters to which this Agreement relates, provided that nothing in this Agreement shall be deemed to protect or purport to protect the Sub-Adviser against any liability to the Trust, each the Growth Fund or to holders of each the Growth Fund's shares to which the Sub-Adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-Adviser's reckless disregard of its obligations and duties under this Agreement or otherwise for breach of this Agreement. As used in this section 9, the term "Sub-Adviser" shall include any officers, directors, employees or other affiliates of the Sub-Adviser performing services with respect to each the Growth Fund.
Appears in 2 contracts
Sources: Investment Sub Advisory Agreement (E Trade Funds), Investment Sub Advisory Agreement (E Trade Funds)
Standard of Care and Limitation of Liability. The Sub-Adviser shall exercise its best judgment in rendering the services provided by it under this Agreement. The Sub-Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by each the Value Fund or the holders of each the Value Fund's shares in connection with the matters to which this Agreement relates, provided that nothing in this Agreement shall be deemed to protect or purport to protect the Sub-Adviser against any liability to the Trust, each the Value Fund or to holders of each the Value Fund's shares to which the Sub-Adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-Adviser's reckless disregard of its obligations and duties under this Agreement or otherwise for breach of this Agreement. As used in this section 9, the term "Sub-Adviser" shall include any officers, directors, employees or other affiliates of the Sub-Adviser performing services with respect to each the Value Fund.
Appears in 2 contracts
Sources: Investment Sub Advisory Agreement (E Trade Funds), Investment Sub Advisory Agreement (E Trade Funds)
Standard of Care and Limitation of Liability. The Sub-Adviser shall exercise its best judgment in rendering the services provided by it under this Agreement. The Sub-Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by each Fund or the holders of each Fund's ’s shares in connection with the matters to which this Agreement relates, provided that nothing in this Agreement shall be deemed to protect or purport to protect the Sub-Adviser against any liability to the Trust, each Fund or to holders of each Fund's ’s shares to which the Sub-Adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-Adviser's ’s reckless disregard of its obligations and duties under this Agreement or otherwise for breach of this Agreement. As used in this section 9, the term "“Sub-Adviser" ” shall include any officers, directors, employees or other affiliates of the Sub-Adviser performing services with respect to each Fund.
Appears in 1 contract
Standard of Care and Limitation of Liability. The Sub-Adviser shall exercise its best judgment in rendering the services provided by it under this Agreement. The Sub-Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by each the Company, the Fund or the holders of each the Fund's shares in connection with the matters to which this Agreement relates, provided that nothing in this Agreement shall be deemed to protect or purport to protect the Sub-Adviser against any liability to the TrustCompany, each the Fund or to holders of each the Fund's shares to which the Sub-Adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-Adviser's reckless disregard of its obligations and duties under this Agreement or otherwise for breach of this Agreement. As used in this section 9Section 6, the term "Sub-Adviser" shall include any officers, directors, employees or other affiliates of the Sub-Adviser performing services with respect to each the Fund.
Appears in 1 contract
Standard of Care and Limitation of Liability. The Sub-Adviser Subadviser shall exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Sub-Adviser Subadviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by each the Fund or the holders of each the Fund's shares in connection with the matters to which this Subadvisory Agreement relates, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Sub-Adviser Subadviser against any liability to the Trust, each Fund or to holders of each the Fund's shares to which the Sub-Adviser Subadviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Sub-AdviserSubadviser's reckless disregard of its obligations and duties under this Agreement or otherwise for breach of this Subadvisory Agreement. As used in this section 9Section 10, the term "Sub-AdviserSubadviser" shall include any officers, directors, employees or other affiliates of the Sub-Adviser Subadviser performing services with respect to each for the Fund.
Appears in 1 contract