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

Limitation of Liability of the Adviser. The services of the Adviser to the Trust are not to be deemed to be exclusive, the Adviser being free to render services to others and engage in other business activities. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Trust or to any Holder of Interests in the Trust for any act or omission in the course of, or connected with, rendering services hereunder or for any losses which may be sustained in the acquisition, holding or disposition of any security or other investment.

Appears in 77 contracts

Samples: Investment Advisory Agreement (Build America Bond Portfolio), Investment Advisory Agreement (Floating Rate Portfolio/Ma), Investment Advisory Agreement (Global Opportunities Portfolio)

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Limitation of Liability of the Adviser. The services of the Adviser to the Trust are not to be deemed to be exclusive, the Adviser being free to render services to others and engage in other business activities. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Trust or to any Holder shareholder of Interests in the Trust Fund for any act or omission in the course of, or connected with, rendering services hereunder or for any losses which may be sustained in the acquisition, holding or disposition of any security or other investment.

Appears in 21 contracts

Samples: Agreement (Eaton Vance Mutual Funds Trust), Investment Advisory Agreement (Eaton Vance Variable Trust), Agreement (Eaton Vance Special Investment Trust)

Limitation of Liability of the Adviser. The services of the Adviser to the Trust are not to be deemed to be exclusive, the Adviser being free to render services to others and engage in other business activities. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Trust or to any Holder shareholder of Interests in the Trust for any act or omission in the course of, or connected with, rendering services hereunder or for any losses which may be sustained in the acquisitionpurchase, holding or disposition sale of any security or other investmentsecurity.

Appears in 11 contracts

Samples: Investment Advisory Contract (Wright Managed Income Trust), Investment Advisory Contract (Wright Managed Blue Chip Series Trust), Investment Advisory Contract (Wright Equifund Equity Trust)

Limitation of Liability of the Adviser. The services of the Adviser to the each Trust are not to be deemed to be exclusive, the Adviser being free to render services to others and engage in other business activities. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the any Trust or to any Holder shareholder of Interests in the Trust for any act or omission in the course of, of or connected with, rendering services hereunder or for any losses which may be sustained in the acquisitionpurchase, holding or disposition sale of any security or other investmentsecurity.

Appears in 7 contracts

Samples: Investment Advisory Agreement (Wright Managed Income Trust), Investment Advisory Agreement (Wright Managed Equity Trust), Investment Advisory Contract (Wright Asset Allocation Trust)

Limitation of Liability of the Adviser. The services of the Adviser to the Trust are not to be deemed to be exclusive, the Adviser being free to render services to others and engage in other business activities. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Trust or to any Holder shareholder of Interests in the Trust Fund for any act or omission in the course of, or connected with, rendering services hereunder or for any losses which may be sustained in the acquisitionpurchase, holding or disposition sale of any security or other investmentsecurity.

Appears in 3 contracts

Samples: Eaton Vance Growth Trust, Eaton Vance Special Investment Trust, Eaton Vance Special Investment Trust

Limitation of Liability of the Adviser. The services of the Adviser to the Trust are not to be deemed to be exclusive, the Adviser being free to render services to others and engage in other business activities. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Trust or to any Holder of Interests in the Trust for any act or omission in the course of, or connected with, rendering services hereunder or for any losses which may be sustained in the acquisition, holding or disposition of any security or other investment.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Greater China Growth Portfolio), Asian Small Companies (Asian Small Companies Portfolio), Asian Small Companies Portfolio (Asian Small Companies Portfolio)

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Limitation of Liability of the Adviser. The services of the Adviser to the Trust are not to be deemed to be exclusive, the Adviser being free to render services to others and engage in other business activities. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Trust or to any Holder of Interests in the Trust Fund for any act or omission in the course of, or connected with, rendering services hereunder or for any losses which may be sustained in the acquisition, holding or disposition of any security or other investment.

Appears in 2 contracts

Samples: Agreement (Eaton Vance Mutual Funds Trust), Government Income Fund (Eaton Vance Mutual Funds Trust)

Limitation of Liability of the Adviser. The services of the Adviser to the Trust are not to be deemed to be exclusive, the Adviser being free to render services to others and engage in other business activities. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Trust or to any Holder shareholder of Interests in the Trust for any act or omission in the course of, or connected with, rendering services hereunder or for any losses which may be sustained substained in the acquisitionpurchase, holding or disposition sale of any security or other investmentsecurity.

Appears in 1 contract

Samples: Wright Equifund Equity Trust

Limitation of Liability of the Adviser. The services of the Adviser to the Trust are not to be deemed to be exclusive, the Adviser being free to render services to others and engage in other business 017_0113 activities. In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Trust or to any Holder shareholder of Interests in the Trust Fund for any act or omission in the course of, or connected with, rendering services hereunder or for any losses which may be sustained in the acquisition, holding or disposition of any security or other investment.

Appears in 1 contract

Samples: Agreement (Eaton Vance Special Investment Trust)

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