Common use of Liability of Adviser Clause in Contracts

Liability of Adviser. The Adviser shall not be liable to the Trust or its shareholders for any loss suffered by the Trust or its shareholders from or as a consequence of any act or omission of the Adviser, or of any of the partners, employees or agents of the Adviser, in connection with or pursuant to this agreement, except by reason of willful misfeasance, bad faith or gross negligence on the part of the Adviser in the performance of its duties or by reason of reckless disregard by the Adviser of its obligations and duties under this agreement.

Appears in 27 contracts

Samples: Investment Advisory (Monetta Trust), Investment Advisory Agreement (Harris Associates Investment Trust), Investment Advisory Agreement (Monetta Trust)

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Liability of Adviser. The Adviser shall not be liable to the Trust or its shareholders for any loss suffered by the Trust or its shareholders from or as a consequence of any act or omission of the Adviser, or of any of the partnersdirectors, employees officers, employees, or agents of the Adviser, in connection with or with, pursuant to or arising out of this agreementAgreement, except by reason of willful misfeasance, bad faith faith, or gross negligence on the part of the Adviser in the performance of its duties or by reason of reckless disregard by the Adviser of its such obligations and duties under this agreementAgreement.

Appears in 4 contracts

Samples: Investment Advisory Agreement (Burridge Funds), Investment Advisory Agreement (Burridge Funds), Investment Advisory Agreement (Burridge Funds)

Liability of Adviser. The Adviser shall not be liable to the Trust or its shareholders for any loss suffered by the Trust or its shareholders from or as a consequence of any act or omission of the Adviser, or of any of the partners, employees or agents of the Adviser, in connection with or pursuant to this agreement, except by reason of willful misfeasance, bad faith or gross negligence on the part of the Adviser in the performance of its duties or by reason of reckless disregard by the Adviser of its obligations and duties under this agreement. 10.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Harris Associates Investment Trust), Investment Advisory Agreement (Harris Associates Investment Trust)

Liability of Adviser. The Adviser shall not be liable to the Trust Fund or its shareholders any shareholder for any loss suffered by the Trust or its shareholders from or as a consequence of any act or omission of the Adviser, or of any of the partners, employees or agents of the Adviser, in connection with the performance of its duties hereunder including, without limitation, losses that may be sustained in the purchase, holding or pursuant to this agreementsale of any security or the making of any investment for or on behalf of the Fund, except for liability to which the Adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on the part of the Adviser in the performance of its duties duties, or by reason of reckless disregard by the Adviser of its obligations and duties under this agreementAgreement.

Appears in 1 contract

Samples: Investment Management Agreement (Nevis Fund Inc)

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Liability of Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Manager, the Trust, or any portfolio 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 Trust or its shareholders for any loss suffered to which it might otherwise be subject by the Trust or its shareholders from or as a consequence of any act or omission of the Adviser, or of any of the partners, employees or agents of the Adviser, in connection with or pursuant to this agreement, except by reason of willful misfeasance, bad faith or gross negligence on the part of the Adviser in the performance of its duties or by reason of reckless disregard by the Adviser of its obligations and duties under this agreementAgreement.

Appears in 1 contract

Samples: Investment Advisory Agreement (Sei Tax Exempt Trust)

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