Common use of Limitation of Liability of the Adviser Clause in Contracts

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the Fund, except for willful misfeasance, bad faith or gross negligence in the performance of its duties and obligations hereunder. As used in this Article 6, the term "Adviser" shall include Directors, officers and employees of the Adviser as well as that corporation itself.

Appears in 129 contracts

Samples: Investment Advisory Agreement (MFS Series Trust V), Investment Advisory Agreement (MFS Sun Life Series Trust), Investment Advisory Agreement (MFS Series Trust I)

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Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the a Fund, except for willful misfeasance, bad faith or faith, gross negligence in the performance or reckless disregard of its duties and obligations hereunder. As used in this Article 6, the term "Adviser" shall include Directorsdirectors, officers and employees of the Adviser as well as that corporation itself.

Appears in 37 contracts

Samples: Investment Advisory Agreement (MFS Series Trust Ix /Ma/), Investment Advisory Agreement (MFS Series Trust Ii), Investment Advisory Agreement (MFS Series Trust Viii)

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the a Fund, except for willful misfeasance, bad faith or faith, gross negligence in the performance or reckless disregard of its duties and obligations hereunder. As used in this Article 6, the term "Adviser" shall include Directorsdirectors, officers and employees of the Adviser as well as that corporation itself.

Appears in 25 contracts

Samples: Investment Advisory Agreement (MFS Sun Life Series Trust), Form of Investment Advisory Agreement (MFS Series Trust XII), Investment Advisory Agreement (MFS Series Trust Xv)

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the Fund, except for willful misfeasance, bad faith or faith, gross negligence in the performance or reckless disregard of its duties and obligations hereunder. As used in this Article 6, the term "Adviser" shall include Directorsdirectors, officers and employees of the Adviser as well as that corporation itself.

Appears in 24 contracts

Samples: Investment Advisory Agreement (MFS Series Trust Iii), Investment Advisory Agreement (MFS Series Trust X), Investment Advisory Agreement (MFS Series Trust Xvi)

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the Fund, except for willful misfeasance, bad faith or gross negligence in the performance of its duties and obligations hereunder. As used in this Article Section 6, the term "Adviser" shall include Directors, officers and employees of the Adviser as well as that corporation itself.

Appears in 18 contracts

Samples: Investment Advisory Agreement (MFS Institutional Trust), Investment Advisory Agreement (MFS Institutional Trust), Investment Advisory Agreement (MFS Institutional Trust)

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the FundTrust, except for willful misfeasance, bad faith or faith, gross negligence in the performance or reckless disregard of its duties and obligations hereunder. As used in this Article 6, the term "Adviser" shall include Directorsdirectors, officers and employees of the Adviser as well as that corporation itself.

Appears in 18 contracts

Samples: Investment Advisory Agreement (MFS Government Securities Fund), Investment Advisory Agreement (Massachusetts Investors Growth Stock Fund), Sub Item (MFS Investment Grade Municipal Trust)

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the Fund, except for willful misfeasance, bad faith or gross negligence in the performance of its duties and obligations hereunder. As used in this Article 65, the term "Adviser" shall include Directors, officers and employees of the Adviser as well as that corporation itself.

Appears in 13 contracts

Samples: Investment Advisory Agreement (MFS Series Trust Viii), Investment Advisory Agreement (MFS Series Trust Vi), Investment Advisory Agreement (MFS Series Trust Ii)

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the FundTrust, except for willful misfeasance, bad faith or faith, gross negligence in the performance or reckless disregard of its duties and obligations hereunder. As used in this Article 6, the term "Adviser" shall include Directorsdirectors, officers and employees of the Adviser as well as that corporation itself.

Appears in 8 contracts

Samples: Investment Advisory Agreement (MFS Investment Grade Municipal Trust), Investment Advisory Agreement (MFS Charter Income Trust), Investment Advisory Agreement (MFS High Yield Municipal Trust)

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the Fund, except for willful misfeasance, bad faith or faith, gross negligence in the performance or reckless disregard of its duties and obligations hereunder. As used in this Article 6, the term "Adviser" shall include Directorsdirectors, officers and employees of the Adviser as well as that corporation itself.

Appears in 6 contracts

Samples: Investment Advisory Agreement (MFS Municipal Series Trust), Investment Advisory Agreement (MFS Series Trust Vii), Investment Advisory Agreement (MFS Series Trust X)

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the Fundfund, except for willful misfeasance, bad faith or gross negligence in the performance of its duties and obligations hereunder. As used in this Article 65, the term "Adviser" shall include Directors, officers and employees of the Adviser as well as that corporation itself.

Appears in 5 contracts

Samples: Investment Advisory Agreement (MFS Sun Life Series Trust), Investment Advisory Agreement (MFS Sun Life Series Trust), Investment Advisory Agreement (MFS Sun Life Series Trust)

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the Fund, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties and obligations hereunder. As used in this Article 65, the term "Adviser" shall include Directors, officers and employees of the Adviser as well as that the corporation itself.

Appears in 4 contracts

Samples: Investment Advisory Agreement (MFS Series Trust V), Investment Advisory Agreement (MFS Series Trust V), Investment Advisory Agreement (MFS Series Trust V)

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the FundTrust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties and obligations hereunder. As used in this Article 6IV, the term "Adviser" shall include Directors, officers and employees of the Adviser as well as that corporation itself.

Appears in 4 contracts

Samples: Investment Advisory Agreement (Master Inflation Protected Trust), Management Agreement (Merrill Lynch Real Investment Fund), Investment Advisory Agreement (Merrill Lynch Inflation Protected Bond Fund)

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management performance of the Fundits duties hereunder, except for willful wilful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties and obligations hereunder. As used in this Article 6Section 5, the term "Adviser" shall include Directors, officers and employees of the Adviser as well as that the corporation itself.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Domini Social Index Portfolio), Investment Advisory Agreement (Domini Social Equity Portfolio)

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the a Fund, except for willful misfeasance, bad faith or faith, gross negligence in the performance or reckless disregard of its duties and obligations hereunder. As used in this Article 6, the term "Adviser" Adviser shall include Directorsdirectors, officers and employees of the Adviser as well as that corporation itself.

Appears in 2 contracts

Samples: Investment Advisory Agreement (MFS Series Trust Vii), Investment Advisory Agreement (MFS Variable Insurance Trust Ii)

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Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of securities transactions for the FundPortfolio, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties and obligations hereunder. As used in this Article 6Section 5, the term "Adviser" shall include Directors, officers and employees of the Adviser as well as that corporation association itself.

Appears in 1 contract

Samples: Investment Advisory Agreement (Us Treasury Reserves Portfolio)

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the Fund, except for willful misfeasance, bad faith or faith, gross negligence in the performance or reckless disregard of its duties and obligations hereunder. As used in this Article 6, the term "Adviser" Adviser shall include Directorsdirectors, officers and employees of the Adviser as well as that corporation itself.

Appears in 1 contract

Samples: Investment Advisory Agreement (MFS Series Trust X)

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the FundTrust, except for willful misfeasance, bad faith or gross negligence in the performance of its duties and obligations hereunder. As used in this Article 65, the term "Adviser" shall include Directors, officers and employees of the Adviser as well as that corporation itself.

Appears in 1 contract

Samples: Investment Advisory Agreement (MFS Series Trust Vi)

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the Fund, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties and obligations hereunder. As used in this Article 65, the term "Adviser" shall include Directorsdirectors, officers and employees of the Adviser as well as that the corporation itself.

Appears in 1 contract

Samples: Investment Advisory Agreement (MFS Series Trust V)

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the Fund, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties and obligations hereunder. As used in this Article 6, the term "Adviser" shall include Directors, officers and employees of the Adviser as well as that the corporation itself.

Appears in 1 contract

Samples: Investment Advisory Agreement (MFS Union Standard Trust)

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the FundTrust, except for willful misfeasance, bad faith or faith, gross negligence in the performance or reckless disregard of its duties and obligations hereunder. As used in this Article 6, the 6,the term "Adviser" shall include Directorsdirectors, officers and employees of the Adviser as well as that corporation itself.

Appears in 1 contract

Samples: Sub Item (MFS Intermarket Income Trust I)

Limitation of Liability of the Adviser. The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of security transactions for the FundPortfolio, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties and obligations hereunder. As used in this Article 6Section 5, the term "Adviser" shall include Directors, officers and employees of the Adviser as well as that the corporation itself.

Appears in 1 contract

Samples: Investment Advisory Agreement (Tax Free Reserves Portfolio)

Limitation of Liability of the Adviser. The Adviser adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution carrying out its duties under this Agreement and management of the Fund, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties and obligations hereunder. As used in this Article 6ARTICLE 5, the term "Adviser" shall include Directorsdirectors, officers and employees of the Adviser as well as that corporation the Adviser itself.

Appears in 1 contract

Samples: Investment Advisory Agreement (Lb Series Fund Inc/)

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