Common use of Liability of Adviser Clause in Contracts

Liability of Adviser. The Adviser shall not be liable to the Fund 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; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the Fund or its shareholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee or officer of the Fund against any such liability to which he might otherwise be subject by reason of any Disabling Conduct.

Appears in 40 contracts

Samples: Investment Advisory Agreement (Highland Floating Rate Opportunities Fund), Investment Advisory Agreement (Highland Funds I), Investment Advisory Agreement (Pyxis Funds Ii)

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Liability of Adviser. The Adviser shall not be liable to the Fund 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; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the Fund or its shareholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee or officer of the Fund against any such liability to which he might otherwise be subject by reason of any Disabling Conduct. SECTION 9.

Appears in 21 contracts

Samples: Investment Advisory Agreement (Highland Funds I), Investment Advisory Agreement (Highland Funds Ii), Investment Advisory Agreement (Highland Funds Ii)

Liability of Adviser. The Adviser shall not be liable to the Fund Trust 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; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the Fund Trust or its shareholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee or officer of the Fund Trust against any such liability to which he might otherwise be subject by reason of any Disabling Conduct.

Appears in 17 contracts

Samples: And Administrative Services Agreement (Nexpoint Opportunistic Credit Fund), Investment Advisory (Nexpoint Healthcare Opportunities Fund), Investment Advisory (Nexpoint Event-Driven Fund)

Liability of Adviser. The Adviser shall not be liable to the Fund 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; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the Fund or its shareholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee Trustee or officer of the Fund against any such liability to which he might otherwise be subject by reason of any Disabling Conduct.

Appears in 14 contracts

Samples: Investment Advisory Agreement (Brookfield Investment Funds), Investment Advisory Agreement (Brookfield Investment Funds), Form of Investment Advisory Agreement (Brookfield Investment Funds)

Liability of Adviser. The Adviser shall not be liable to the a Fund 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; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the a Fund or its shareholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee or officer of the Fund against any such liability to which he might otherwise be subject by reason of any Disabling Conduct.

Appears in 7 contracts

Samples: Investment Advisory Agreement (Highland Funds I), Investment Advisory Agreement (Highland Funds I), Investment Advisory Agreement (Highland Funds I)

Liability of Adviser. The Adviser shall not be liable to the Fund 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; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the Fund or its shareholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee Director or officer of the Fund against any such liability to which he might otherwise be subject by reason of any Disabling Conduct.

Appears in 5 contracts

Samples: Investment Advisory Agreement (Brookfield High Income Fund Inc.), Investment Advisory Agreement (Brookfield Real Assets Income Fund Inc.), Investment Advisory Agreement (Brookfield Real Assets Income Fund Inc.)

Liability of Adviser. (a) The Adviser shall not be liable to the Fund Funds for any error of judgment or mistake of law or for any loss suffered by the Fund Funds in connection with the matters to which this Agreement relates; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the Fund Funds or its shareholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee or officer of the Fund Funds against any such liability to which he might otherwise be subject by reason of any Disabling Conduct.

Appears in 5 contracts

Samples: Investment Advisory Agreement (Impact Shares Trust I), Investment Advisory Agreement (Impact Shares Trust I), Investment Advisory Agreement (Impact Shares Trust I)

Liability of Adviser. The Adviser shall not be liable to the Fund 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; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the Fund or its shareholders stockholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee Trustee or officer of the Fund against any such liability to which he might otherwise be subject by reason of any Disabling Conduct.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Oaktree Diversified Income Fund Inc.), Investment Advisory Agreement (Oaktree Diversified Income Fund Inc.)

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Liability of Adviser. (a) The Adviser shall not be liable to the a Fund for any error of judgment or mistake of law or for any loss suffered by the Fund it in connection with the matters to which this Agreement relates; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the a Fund or its shareholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee or officer of the Fund Trust against any such liability to which he might otherwise be subject by reason of any Disabling Conduct.

Appears in 2 contracts

Samples: Quaker Investment Trust (Quaker Investment Trust), Quaker Investment Trust (Quaker Investment Trust)

Liability of Adviser. The Adviser shall not be liable to the Fund Funds for any error of judgment or mistake of law or for any loss suffered by the Fund Funds in connection with the matters to which this Agreement relates; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the Fund Funds or its shareholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee or officer of the Fund Funds against any such liability to which he might otherwise be subject by reason of any Disabling Conduct.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Highland Funds I), Investment Advisory Agreement (Highland Funds I)

Liability of Adviser. The Adviser shall not be liable to the Fund 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; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the Fund or its shareholders to which it might otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee Manager or officer of the Fund against any such liability to which he might otherwise be subject by reason of any Disabling Conduct.

Appears in 1 contract

Samples: Investment Advisory Agreement (Center Coast Brookfield Core MLP Fund I, LLC)

Liability of Adviser. The Adviser shall not be liable to the Fund or -------------------- any shareholder for any error of judgment act or mistake of law or for any loss suffered by the Fund omission in connection with the matters performance of its duties hereunder including, without limitation, losses that may be sustained in the purchase, holding or sale of any security or the making of any investment for or on behalf of the Fund, except for liability to which this Agreement relates; provided, however, that no provision of this Agreement shall be deemed to protect the Adviser against any liability to the Fund or its shareholders to which it might would otherwise be subject by reason of any Disabling Conduct nor shall any provision hereof be deemed to protect any trustee willful misfeasance, bad faith or officer gross negligence in the performance of the Fund against any such liability to which he might otherwise be subject its duties, or by reason of any Disabling Conductreckless disregard of its obligations and duties under this Agreement.

Appears in 1 contract

Samples: Investment Management Agreement (Nevis Fund Inc)

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