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

Limitation of Liability of the Advisor. The Advisor shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or any Portfolio in connection with the matters to which this Agreement relates except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. Any person, even though also an officer, partner, employee, or agent of the Advisor, who may be or become an officer, Director, employee or agent of the Fund shall be deemed, when rendering services to the Fund or acting in any business of the Fund, to be rendering such services to or acting solely for the Fund and not as an officer, partner, employee, or agent or one under the control or direction of the Advisor even though paid by it.

Limitation of Liability of the Advisor. The Advisor shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or any Portfolio Members in connection with the matters to which this Agreement relates relates, except to the extent that such a loss resulting results from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. Any person, even though also an officer, partnerdirector, employee, or agent of the AdvisorAdvisor or its affiliates, who may be or become an officer, Director, employee or agent of the Fund Fund, shall be deemed, when rendering services to the Fund or acting in with respect to any business of the Fund, to be rendering such services service to or acting solely for the Fund and not as an officer, partnerdirector, employee, or agent or one under the control or direction of the Advisor even though paid compensated by it.

Limitation of Liability of the Advisor. The Advisor shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or any Portfolio Members in connection with the matters to which this Agreement relates relates, except to the extent that such a loss resulting results from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. Any person, even though also an officer, partnerdirector, employee, or agent of the AdvisorAdvisor or its affiliates, who may be or become an officer, DirectorManager, employee or agent of the Fund Fund, shall be deemed, when rendering services to the Fund or acting in with respect to any business of the Fund, to be rendering such services service to or acting solely for the Fund and not as an officer, partnerdirector, employee, or agent or one under the control or direction of the Advisor even though paid compensated by it.

Limitation of Liability of the Advisor. The Advisor shall not be -------------------------------------- liable for any error of judgment or mistake of law or for any loss suffered by the Fund or any Portfolio in connection with the matters to which this Agreement relates relate except a loss resulting from the willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. Any person, even though also an officer, partner, employee, or agent of the Advisor, who may be or become an officer, Directordirector, employee or agent of the Fund shall be deemed, when rendering services to the Fund or acting in any business of the Fund, to be rendering such services to or acting solely for the Fund and not as an officer, partner, employee, or agent or one under the control or direction of the Advisor even though paid by it.