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

Limitation of Liability of the Investment Adviser. The Investment 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 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 15 contracts

Samples: Investment Advisory Agreement (Muni Intermediate Duration Fund Inc), Investment Advisory Agreement (Muni New York Intermediate Duration Fund Inc), Investment Advisory Agreement (Muni California Intermediate Duration Fund Inc)

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Limitation of Liability of the Investment Adviser. The Investment 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 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 11 contracts

Samples: Investment Advisory Agreement (Corporate High Yield Fund Inc), Investment Advisory Agreement (Merrill Lynch Consults International Portfolio), Investment Advisory Agreement (Muniyield Fund Inc)

Limitation of Liability of the Investment Adviser. The Investment 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 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 10 contracts

Samples: Investment Advisory Agreement (Debt Strategies Fund Iii Inc), Investment Advisory Agreement (Corporate High Yield Fund Iii Inc), Investment Advisory Agreement (Debt Strategies Fund Iii Inc)

Limitation of Liability of the Investment Adviser. The Investment 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 management of the FundTrust and the Portfolio, 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund Trust or the Portfolio contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 8 contracts

Samples: Investment Advisory Agreement (Mercury Asset Management Master Trust), Investment Advisory Agreement (Mercury Asset Management Master Trust), Investment Advisory Agreement (Mercury Asset Management Master Trust)

Limitation of Liability of the Investment Adviser. The Investment 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund contemplated hereby and partners, directors, officers officers, partners and employees of the Investment Adviser and of such affiliates.

Appears in 6 contracts

Samples: Investment Advisory Agreement (Nomura Pacific Basin Fund Inc), Investment Advisory Agreement (Nomura Pacific Basin Fund Inc), Investment Advisory Agreement (Nomura Pacific Basin Fund Inc)

Limitation of Liability of the Investment Adviser. The Investment Adviser shall not be liable for any error of judgment judgement 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund contemplated hereby and partners, directors, officers officers, partners and employees of the Investment Adviser and of such affiliates.

Appears in 6 contracts

Samples: Investment Advisory Agreement (Nomura Pacific Basin Fund Inc), Investment Advisory Agreement (Nomura Pacific Basin Fund Inc), Investment Advisory Agreement (Nomura Pacific Basin Fund Inc)

Limitation of Liability of the Investment Adviser. The Investment 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 management of the Fund, except for willful misfeasance, bad faith or faith, gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder. As used in this Article IVV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 5 contracts

Samples: Investment Advisory Agreement (Popular U.S. Government Money Market Fund, LLC), Investment Advisory Agreement (Popular U.S. Government Money Market Fund, LLC), Investment Advisory Agreement (Popular Total Return Fund Inc)

Limitation of Liability of the Investment Adviser. The Investment 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 management of the Corporation and 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Corporation or the Fund contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Mercury Vi Funds Inc), Investment Advisory Agreement (Merrill Lynch Large Cap Growth Focus of Mercury Vi Funds In), Investment Advisory Agreement (Mercury Asset Management v I Funds Inc)

Limitation of Liability of the Investment Adviser. The Investment 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 management of the FundTrust or any Series, 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund Trust contemplated hereby and the partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Master Institutional Money Market Trust), Investment Advisory Agreement (Master Bond Trust), Investment Advisory Agreement (Master Bond Trust)

Limitation of Liability of the Investment Adviser. The Investment 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 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Mercury Basic Value Fund Inc), Investment Advisory Agreement (Merrill Lynch Basic Value Fund Inc), Investment Advisory Agreement (Corporate High Yield Fund Iv)

Limitation of Liability of the Investment Adviser. The Investment 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 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund Trust contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Merrill Lynch Global Resources Trust /), Investment Advisory Agreement (Master Senior Floating Rate Trust), Investment Advisory Agreement (Master Internet Strategies Trust)

Limitation of Liability of the Investment Adviser. The Investment 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 management of the any 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the a Fund contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Williams Capital Management Trust), Investment Advisory Agreement (Williams Capital Management Trust)

Limitation of Liability of the Investment Adviser. The Investment 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 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 hereunder. As used in this Article IVV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Market Participation Principal Protection Fund Inc), Investment Advisory Agreement (Market Participation Principal Protection Fund Inc)

Limitation of Liability of the Investment Adviser. The Investment 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 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.of

Appears in 2 contracts

Samples: Investment Advisory Agreement (Merrill Lynch High Income Municipal Bond Fund Inc), Investment Advisory Agreement (Merrill Lynch Sr Float Rate Fd)

Limitation of Liability of the Investment Adviser. The Investment 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 management of the FundTrust, except for (1) willful misfeasance, bad faith or gross negligence in the performance of its duties, duties or by reason of reckless disregard of its obligations and duties hereunder. As used , and (2) to the extent specified in this Article IV, the term "Investment Adviser" shall include any affiliates Section 36(b) of the Investment Adviser performing services for 1940 Act concerning loss resulting from a breach of fiduciary duty with respect to the Fund contemplated hereby and partners, directors, officers and employees receipt of the Investment Adviser and of such affiliatescompensation.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Ameristock ETF Trust), Trust Investment Advisory Agreement (Ameristock ETF Trust)

Limitation of Liability of the Investment Adviser. The Investment 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 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund Trust contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Massachusetts Health & Education Tax Exempt Trust), Investment Advisory Agreement (Massachusetts Health & Education Tax Exempt Trust)

Limitation of Liability of the Investment Adviser. The Investment 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 management of the FundLow Duration Master Portfolio of the Trust, 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund Trust contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 1 contract

Samples: Investment Advisory Agreement (Fund Asset Management Master Trust)

Limitation of Liability of the Investment Adviser. The Investment 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 management of the FundTotal Return Bond Master Portfolio of the Trust, 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund Trust contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 1 contract

Samples: Investment Advisory Agreement (Fund Asset Management Master Trust)

Limitation of Liability of the Investment Adviser. The Investment 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 management of the FundCompany, 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund Company contemplated hereby and the partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 1 contract

Samples: Management and Investment Advisory Agreement (Readington Holdings Inc)

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Limitation of Liability of the Investment Adviser. The Investment 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 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.Adviser

Appears in 1 contract

Samples: Investment Advisory Agreement (Merrill Lynch Senior Floating Rate Fund Ii Inc)

Limitation of Liability of the Investment Adviser. The Investment 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 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 1 contract

Samples: Investment Advisory Agreement (Mercury Target Select Equity Fund Inc)

Limitation of Liability of the Investment Adviser. The Investment 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 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 hereunder. As used in this Article IVV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 1 contract

Samples: Investment Advisory Agreement (Merrill Lynch Corporate High Yield Fund Inc)

Limitation of Liability of the Investment Adviser. The Investment 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 management of 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund Portfolio contemplated hereby and the partners, shareholders, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 1 contract

Samples: Investment Advisory Agreement (Merrill Lynch Municipal Bond Fund Inc)

Limitation of Liability of the Investment Adviser. The Investment 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 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 hereunder. As used in this Article IVV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund contemplated hereby and partners, directors, officers officers, partners and employees of the Investment Adviser and of such affiliates.

Appears in 1 contract

Samples: Investment Advisory Agreement (Jakarta Growth Fund Inc)

Limitation of Liability of the Investment Adviser. The Investment 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 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund Trust contemplated hereby and the partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 1 contract

Samples: Investment Advisory Agreement (Master U S High Yield Trust)

Limitation of Liability of the Investment Adviser. The Investment 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 management of the FundCompany’s assets under management, 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates affiliate of the Investment Adviser performing services for the Fund Company contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 1 contract

Samples: Investment Advisory Agreement (Fortune v Separate Account)

Limitation of Liability of the Investment Adviser. The Investment 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 it's obligations and duties hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund contemplated hereby and partners, directors, officers officers, partners and employees of the Investment Adviser and of such affiliates.

Appears in 1 contract

Samples: Investment Advisory Agreement (Japan Otc Equity Fund Inc)

Limitation of Liability of the Investment Adviser. The Investment 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 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.. 9

Appears in 1 contract

Samples: Investment Advisory Agreement (Merrill Lynch Short Term Global Income Fund Inc)

Limitation of Liability of the Investment Adviser. The Investment 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 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.this

Appears in 1 contract

Samples: Investment Advisory Agreement (Munivest Fund Ii Inc)

Limitation of Liability of the Investment Adviser. The Investment 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 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 hereunder. As used in this Article IVV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.

Appears in 1 contract

Samples: Management Agreement (Merrill Lynch Global Financial Services Fund Inc)

Limitation of Liability of the Investment Adviser. The Investment 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 management of the FundLow Duration Master Portfolio of the Trust, 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 hereunder. As used in this Article IV, the term "Investment Adviser" shall include any affiliates of the Investment Adviser performing services for the Fund contemplated hereby and partners, directors, officers and employees of the Investment Adviser and of such affiliates.obligations

Appears in 1 contract

Samples: Investment Advisory Agreement (Fund Asset Management Master Trust)

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