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

Limitation of Liability of the Advisor. The duties of the Advisor shall be confined to those expressly set forth herein, and no implied duties are assumed by or may be asserted against the Advisor hereunder. The Advisor 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 carrying out its duties hereunder, except a loss resulting from willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder, except as may otherwise be provided under provisions of applicable state law which cannot be waived or modified hereby. (As used in this Section 11, the term “Advisor” shall include directors, officers, employees and other corporate agents of the Advisor as well as that corporation itself).

Appears in 8 contracts

Samples: Investment Advisory Agreement (GPS Funds II), Investment Advisory Agreement (GuideMark Alternative Lending Income Fund), Investment Advisory Agreement (Assetmark Funds)

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Limitation of Liability of the Advisor. The duties of the Advisor shall be confined to those expressly set forth herein, and no implied duties are assumed by or may be asserted against the Advisor hereunder. The Advisor 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 carrying out its duties hereunder, except a loss resulting from willful misfeasancemalfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder, except as may otherwise be provided under provisions of applicable federal and state law which that cannot be waived or modified hereby. (As used in this Section 1110, the term "Advisor" shall include directors, officers, employees and other corporate agents of the Advisor Advisor, as well as that corporation itself.).

Appears in 3 contracts

Samples: Investment Management Agreement (MGI Funds), Investment Management Agreement (MGI Funds), Investment Management Agreement (MGI Funds)

Limitation of Liability of the Advisor. The duties of the Advisor shall be confined to those expressly set forth herein, and no implied duties are assumed by or may be asserted against the Advisor hereunder. The Advisor 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 carrying out its duties hereunder, except a loss resulting from willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder, except as may otherwise be provided under provisions of applicable state law which cannot be waived or modified hereby. (As used in this Section 11, the term "Advisor" shall include directors, officers, employees and other corporate agents of the Advisor as well as that corporation itself).

Appears in 3 contracts

Samples: Investment Advisory Agreement (Assetmark Funds), Investment Advisory Agreement (Genworth Variable Insurance Trust), Investment Advisory Agreement (Genworth Variable Insurance Trust)

Limitation of Liability of the Advisor. The duties of the Advisor shall be confined to those expressly set forth herein, and no implied duties are assumed by or may be asserted against the Advisor hereunder. The Advisor 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 carrying out its duties hereunder, except a loss resulting from willful misfeasancemalfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder, except as may otherwise be provided under provisions of applicable state law which cannot be waived or modified hereby. (As used in this Section 11, the term “Advisor” shall include directors, officers, employees and other corporate agents of the Advisor as well as that corporation itself).

Appears in 2 contracts

Samples: Investment Advisory Agreement (Usa Mutuals), Investment Advisory Agreement (Usa Mutuals)

Limitation of Liability of the Advisor. The duties of the Advisor shall be confined to those expressly set forth herein, and no implied duties are assumed by or may be asserted against the Advisor hereunder. The Advisor 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 carrying out its duties hereunder, except a loss resulting from willful misfeasancemalfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder, except as may otherwise be provided under provisions of applicable state law which cannot be waived or modified hereby. (As used in this Section 11, the term "Advisor" shall include directors, officers, employees and other corporate agents of the Advisor as well as that corporation itself).

Appears in 2 contracts

Samples: Investment Advisory Agreement Assetmark Funds (Assetmark Funds), Investment Advisory Agreement Assetmark Funds (Assetmark Funds)

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Limitation of Liability of the Advisor. The duties of the Advisor shall be confined to those expressly set forth herein, and no implied duties are assumed by or may be asserted against the Advisor hereunder. The Advisor 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 carrying out its duties hereunder, except a loss resulting from willful misfeasancemalfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder, except as may otherwise be provided under provisions of applicable federal and state law which that cannot be waived or modified hereby. (As used in this Section 1110, the term “Advisor” shall include directors, officers, employees and other corporate agents of the Advisor Advisor, as well as that corporation itself.).

Appears in 1 contract

Samples: Investment Management Agreement (Mercer Funds)

Limitation of Liability of the Advisor. The duties of the Advisor shall be confined to those expressly set forth herein, and no implied duties are assumed by or may be asserted against the Advisor hereunder. The Advisor 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 carrying out its duties hereunder, except a loss resulting from willful misfeasancemalfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder, except as may otherwise be provided under provisions of applicable state law which cannot be waived or modified hereby. (As used in this Section 11, the term "Advisor" shall include directors, officers, employees and other corporate agents of the Advisor as well as that corporation itself).

Appears in 1 contract

Samples: Investment Advisory Agreement (1 800 Mutuals Advisor Series)

Limitation of Liability of the Advisor. The duties of the Advisor shall be confined to those expressly set forth herein, and no implied duties are assumed by or may be asserted against the Advisor hereunder. The Advisor 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 carrying out its duties hereunder, except a loss resulting from willful misfeasancemalfeasance, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder, except as may otherwise be provided under provisions of applicable state law which cannot be waived or modified hereby. (As used in this Section 1110, the term “Advisor” shall include directors, officers, employees and other corporate agents of the Advisor as well as that corporation itself).

Appears in 1 contract

Samples: Investment Advisory Agreement (Usa Mutuals)

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