Common use of Liability of Manager Clause in Contracts

Liability of Manager. The Manager shall not be liable to the Trust for any error of judgment or mistake of law or for any loss suffered by the 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 Manager against any liability to the Trust or its shareholders to which it might otherwise be subject by reason of any willful misfeasance, bad faith or gross negligence in the performance of its duties or the reckless disregard of its obligations and duties under this Agreement, nor shall any provision hereof be deemed to protect any Trustee or officer of the Trust against any such liability to which he might otherwise be subject by reason of any willful misfeasance, bad faith or gross negligence in the performance of his duties or the reckless disregard of his obligations and duties. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.

Appears in 14 contracts

Samples: Advisory Agreement (State Street Research Institutional Funds), Advisory Agreement (State Street Research Financial Trust), Advisory Agreement (State Street Research Master Investment Trust)

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Liability of Manager. The Neither the Manager nor its officers, directors, employees, agents or controlling persons or assigns shall not be liable to the Trust for any error of judgment or mistake of law or for any loss suffered by the Trust Company or its shareholders in connection with the matters to which this Agreement relates; provided, however, provided that no provision of this Agreement shall be deemed to protect the Manager against any liability to the Trust Company or its shareholders to which it might otherwise be subject by reason of any willful misfeasance, bad faith or gross negligence in the performance of its duties or the reckless disregard of its obligations and duties under this Agreement, nor . Nor shall any provision hereof be deemed to protect any Trustee Director or officer of the Trust Company against any such liability to which he might otherwise be subject by reason of any willful misfeasance, bad faith or gross negligence in the performance of his duties or the reckless disregard of his obligations and duties. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.

Appears in 6 contracts

Samples: Agreement (Usaa Tax Exempt Fund Inc), Agreement (Usaa Mutual Fund Inc), Advisory Agreement (Usaa Tax Exempt Fund Inc)

Liability of Manager. The Neither the Manager nor its officers, directors, employees, agents or controlling persons or assigns shall not be liable to the Trust for any error of judgment or mistake of law or for any loss suffered by the Trust or its shareholders in connection with the matters to which this Agreement relates; provided, however, provided that no provision of this Agreement shall be deemed to protect the Manager against any liability to the Trust or its shareholders to which it might otherwise be subject by reason of any willful misfeasance, bad faith or gross negligence in the performance of its duties or the reckless disregard of its obligations and duties under this Agreement, nor . Nor shall any provision hereof be deemed to protect any Trustee or officer of the Trust against any such liability to which he might otherwise be subject by reason of any willful misfeasance, bad faith or gross negligence in the performance of his duties or the reckless disregard of his obligations and duties. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.

Appears in 4 contracts

Samples: Agreement (Usaa State Tax Free Trust), Advisory Agreement (Usaa State Tax Free Trust), Of Advisory Agreement (Usaa State Tax Free Trust)

Liability of Manager. The Manager shall not be liable to the Trust for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with the matters to which this Advisory Agreement relates; provided, however, provided that no provision of this Agreement shall be deemed to protect the Manager against any liability to the Trust or its shareholders to which it might otherwise be subject by reason of any willful misfeasance, bad faith or gross negligence in the performance of its duties or the reckless disregard of its obligations and duties under this Agreement, nor . Nor shall any provision hereof be deemed to protect any Trustee or officer Officer of the Trust against any such liability to which he might otherwise be subject by reason of any willful misfeasance, bad faith or gross negligence in the performance of his duties or the reckless disregard of his obligations and duties. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.

Appears in 2 contracts

Samples: Advisory Agreement (Freedom Mutual Fund), Advisory Agreement (Freedom Group of Tax Exempt Funds)

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Liability of Manager. The Manager shall not be liable to the Trust for any error of judgment or mistake of law or or, for any loss suffered by the Trust in connection with the matters to which this Advisory Agreement relates; provided, however, provided that no provision of this Agreement shall be deemed to protect the Manager against any liability to the Trust or its shareholders to which it might otherwise be subject by reason of any willful misfeasance, bad faith or gross negligence in the performance of its duties or the reckless disregard of its obligations and duties under this Agreement, nor . Nor shall any provision hereof be deemed to protect any Trustee or officer Officer of the Trust against any such liability to which he might otherwise be subject by reason of any willful misfeasance, bad faith or gross negligence in the performance of his duties or the reckless disregard of his obligations and duties. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule role or otherwise, the remainder of this Agreement shall not be affected thereby.

Appears in 1 contract

Samples: Advisory Agreement (Freedom Mutual Fund)

Liability of Manager. The Manager shall not be liable to the Trust for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with the matters to which this Advisory Agreement relates; provided, however, provided that no provision of this Agreement shall be deemed to protect the Manager against any liability to the Trust or its shareholders to which it might otherwise be subject by reason of any willful misfeasance, bad faith or gross negligence in the performance of its duties or the reckless disregard of its obligations and duties under this Agreement, nor . Nor shall any provision hereof be deemed to protect any Trustee or officer Officer of the Trust against any such liability to which he might otherwise be subject by reason of any willful misfeasance, bad faith or gross negligence in the performance of his duties or the reckless disregard of his obligations and duties. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.a

Appears in 1 contract

Samples: Advisory Agreement (Freedom Group of Tax Exempt Funds)

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