Liability of the Investment Manager. 14.1. The Investment Manager will at all times act in good faith and with reasonable care and due diligence. Nothing in this Agreement shall exclude or restrict any duty or liability owed to the Investor by the Investment Manager under the FCA Rules.
Liability of the Investment Manager. 16.1. The Investment Manager will at all times act in good faith and with reasonable care and due diligence.
Liability of the Investment Manager. 6.1 Neither the Investment Manager, its members, officers, employees and affiliates, nor their respective legal representatives (each, an “Indemnified Party”), shall be liable to the Client or its shareholders for any acts or omissions, or any error of judgment or for any loss suffered by them in connection with the management of the Client’s assets, except those resulting from the wilful default, fraud or gross negligence of or any material breach of this Agreement by the Indemnified Party.
Liability of the Investment Manager. 8. The Investment Manager shall not be liable to the Bank for any loss or damage relating to any matter regarding the Portfolio, including any loss or diminution in the value of the Portfolio. Nothing herein shall be deemed to protect the Investment Manager against any liability to the Bank in any circumstance where there has been negligence, willful default or dishonesty on the part of the Investment Manager or to the extent the Investment Manager may have failed to fulfill its duties and obligations as set forth in this Agreement.
Liability of the Investment Manager. The Investment Manager may rely on information reasonably believed by the Investment Manager to be accurate and reliable. Except as may otherwise be provided by the 1940 Act, the Investment Manager shall not be subject to any liability for any act or omission in the course of, connected with or arising out of any services to be rendered hereunder, except by reason of willful misfeasance, bad faith or gross negligence in the performance of the Investment Manager's obligations and duties or by reason of reckless disregard of the Investment Manager's obligations and duties under this Agreement.
Liability of the Investment Manager. The Fund shall indemnify the Investment Manager and its principal, officers and employees against all expenses, including legal fees, and against all judgments, fines and amounts paid in settlement and reasonably incurred in connection with legal, administrative or investigative proceedings or otherwise in connection with its acting as Investment Manager hereunder; provided, that nothing herein shall be deemed either to protect or to purport to protect the Investment Manager or its principal, officers or employees against any liability to which it otherwise would be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties hereunder or by reason of its reckless disregard of its obligations and duties hereunder.
Liability of the Investment Manager. 7.1 The Investment Manager (and its directors, officers, employees and agents) (each, an “Indemnified Person”) shall not be liable for any loss or damage arising directly or indirectly out of any act or omission done or suffered by the Indemnified Person in the performance of its duties hereunder unless such loss or damage arose out of or in connection with the negligence, wilful default, bad faith or fraud of or by the Indemnified Person in the performance of its duties hereunder and the ICAV shall from the assets of the relevant Fund indemnify and keep indemnified and hold harmless the Indemnified Person from and against any and all claims, actions, proceedings, damages, losses, liabilities, costs and expenses (including legal fees, professional fees and expenses arising therefrom or incidental thereto) directly or indirectly suffered or incurred by the Indemnified Person in connection with the performance of its duties and/or the exercise of its powers hereunder, in the absence of any such negligence, wilful default, bad faith or fraud.
Liability of the Investment Manager. 7.1 Neither the Investment Manager, its members, directors, shareholders, officers, employees and affiliates, nor their respective legal representatives (each, an “Indemnified Party”), shall be liable to the Company or its shareholders for any acts or omissions, or any error of judgment or for any loss suffered by them in connection with the management of the Investments of the Company or other services of the Investment Manager to the Company, except those resulting from the wilful default, fraud or gross negligence of the Indemnified Party. An Indemnified Party will not be liable for any losses resulting from trading errors and similar human errors, except such losses resulting from fraud, wilful default or gross negligence of the Indemnified Party. Trading errors might include, for example, keystroke errors that occur when entering trades into an electronic trading system or typographical or drafting errors related to derivative contracts or similar agreements. Each Indemnified Party will not be liable in respect of any act or omission of any Transaction Party. An Indemnified Party may consult with counsel and accountants in respect of the Company’s affairs and shall be fully protected and justified in any action or inaction which is taken in accordance with the advice or opinion of such counsel or accountants, provided that such counsel or accountants were selected with reasonable care. The foregoing provisions (as well as the indemnification provisions described below) shall not be construed to relieve any Indemnified Party of any liability, to the extent that such liability may not be waived, modified or limited under applicable law, but shall be construed so as to effectuate these provisions to the fullest extent permitted by law.
Liability of the Investment Manager. The Investment Manager nor any Affiliates of the Investment Manager shall be personally liable for the return of the Capital Contributions of any Member, and such return shall be made solely from available Fund Assets if any, and each Member hereby waives any and all claims it may have against any Investment Manager or any such Affiliate in such regard.
Liability of the Investment Manager. 12.1 The Investment Manager shall indemnify and hold harmless the Company against all loss, costs, liabilities, obligations, claims, taxes, penalties, fees and demands (including legal costs and expenses arising there from or incidental thereto) which may be suffered or sustained by or made against the Company resulting or arising in any way from a breach of this Agreement or the fraud, negligence or wilful default by the Investment Manager.
