Common use of Limitation of Liability of Subadviser Clause in Contracts

Limitation of Liability of Subadviser. In the absence of willful misfeasance, bad faith, or gross negligence on the part of the Subadviser or the Subadviser's directors, officers, or employees, or reckless disregard by the Subadviser of the Subadviser's duties under this Agreement (together, "disabling conduct"), the Subadviser shall not be liable to the Adviser, a Portfolio, or the Fund, or to any shareholder of the Portfolio for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding, or sale of any security or other investment, except to the extent otherwise provided in Section 36(b) of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services.

Limitation of Liability of Subadviser. In the absence of willful misfeasance, bad faith, or gross negligence on the part of the Subadviser or the Subadviser's officers, directors, officers, or employees, or reckless disregard by the Subadviser of the Subadviser's duties under this Agreement (together, "disabling conduct"), the Subadviser shall not be liable to the Adviser, a Portfolio, or the Fund, or to any shareholder of the Portfolio for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding, or sale of any security or other investment, except to the extent otherwise provided in Section 36(b) of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services.

Limitation of Liability of Subadviser. In the absence of willful misfeasance, bad faith, or gross negligence on the part of the Subadviser or the Subadviser's officers, directors, officers, or employees, or reckless disregard by the Subadviser of the Subadviser's duties under this Agreement (together, "disabling conduct"), the Subadviser shall not be liable to the Adviser, a the Portfolio, or the Fund, or to any shareholder of the Portfolio for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding, or sale of any security or other investment, except to the extent otherwise provided in Section 36(b) of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services.

Limitation of Liability of Subadviser. In the absence of willful misfeasance, bad faith, or gross negligence on the part of the Subadviser or the Subadviser's directors, officers, directors, or employees, or reckless disregard by the Subadviser of the Subadviser's duties under this Agreement (together, "disabling conduct"), the Subadviser shall not be liable to the Adviser, a Portfolio, or the Fund, or to any shareholder of the Portfolio for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding, or sale of any security or other investment, except to the extent otherwise provided in Section 36(b) of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services.

Limitation of Liability of Subadviser. In the absence of willful misfeasance, bad faith, or gross negligence on the part of the Subadviser or the Subadviser's officers, directors, officers, or employees, or reckless disregard by the Subadviser of the Subadviser's duties under this Agreement (together, "disabling conduct"), the Subadviser shall not be liable to the Adviser, a the Portfolio, or the Fund, or to any shareholder of the Portfolio for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding, or sale of any security or other investment, except to the extent otherwise provided in Section 36(b) of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services.

Limitation of Liability of Subadviser. In the absence of willful misfeasance, bad faith, or gross negligence on the part of the Subadviser or the Subadviser's directors, officers, or employees, or reckless disregard by the Subadviser of the Subadviser's duties under this Agreement (together, "disabling conduct"), the Subadviser shall not be liable to the Adviser, a Portfolio, or the Fund, or to any shareholder of the Portfolio for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding, or sale of any security or other investment, except to the extent otherwise provided in Section 36(b) of the 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services.