Common use of LIMITATION OF LIABILITY OF THE MANAGER Clause in Contracts

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 234 contracts

Samples: Management Agreement (Principal Variable Contracts Funds Inc), Management Agreement (Principal Variable Contracts Funds Inc), Management Agreement (Principal Variable Contracts Funds Inc)

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LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on the Manager's ’s part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 96 contracts

Samples: Management Agreement (Principal Funds Inc), Management Agreement (Principal Investors Fund Inc), Management Agreement (Principal Funds Inc)

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of in judgment or mistake of at law or for any loss suffered by the Fund in connection with the any matters to which this Agreement relates, except a loss resulting from that nothing herein contained shall be construed to protect the Manager against any liability by reason of willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties or from by reckless disregard by it of its obligations and or duties under this Agreement.

Appears in 8 contracts

Samples: Management Agreement (Buffalo Small Cap Fund Inc), Management Agreement (Buffalo Funds), Management Agreement (Buffalo Funds)

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by arising out of any investment or for any act or omission in the Fund in connection with execution and management of the matters to which this Agreement relatesFund, except a loss resulting from for willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties duties, or from by reason of reckless disregard by it of its obligations and duties under hereunder. As used in this Agreement.Article V, the term "

Appears in 5 contracts

Samples: Management Agreement (Japan Smaller Capitalization Fund Inc), Management Agreement (Japan Otc Equity Fund Inc), Management Agreement (Jakarta Growth Fund Inc)

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by arising out of any investment or for any act or omission in the Fund in connection with the matters to which this Agreement relatesmanagement of a Fund, except a loss resulting from for willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties duties, or from by reason of reckless disregard by it of its obligations and duties under hereunder. As used in this Agreement.Article IV, the term "

Appears in 4 contracts

Samples: Management Agreement (Hennessy Advisors Inc), Management Agreement (O Shaughnessy Funds Inc), Management Agreement (Hennessy Mutual Funds Inc)

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by arising out of any investment or for any act or omission in the Fund in connection with execution and management of the matters to which this Agreement relatesCorporation or any Fund, except a loss resulting from for willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties duties, or from by reason of reckless disregard by it of its obligations and duties under hereunder. As used in this Agreement.Article V, the term "

Appears in 4 contracts

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

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of in judgment or mistake of at law or for any loss suffered by the Fund Funds in connection with the any matters to which this Agreement relates, except a loss resulting from that nothing herein contained shall be construed to protect the Manager against any liability by reason of willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties or from by reckless disregard by it of its obligations and or duties under this Agreement.

Appears in 4 contracts

Samples: Management Agreement (Buffalo Funds), Management Agreement (Buffalo Funds), Management Agreement (Buffalo Funds)

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by arising out of any investment or for any act or omission in the Fund in connection with management of the matters to which this Agreement relatesTrust or the Fund, except a loss resulting from for willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties duties, or from by reason of reckless disregard by it of its obligations and duties under hereunder. As used in this Agreement.Article IV, the term "

Appears in 3 contracts

Samples: Management Agreement (Merrill Lynch Principal Protected Trust), Management Agreement (Merrill Lynch Principal Protected Trust), Management Agreement (Merrill Lynch Principal Protected Trust)

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. 10.

Appears in 3 contracts

Samples: Management Agreement Agreement (Principal Funds Inc), Management Agreement Agreement (Principal Funds Inc), Management Agreement (Principal Funds Inc)

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by arising out of any investment or for any act or omission in the Fund in connection with management of the matters to which this Agreement relatesTrust and the Money Market Fund, except a loss resulting from for willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties duties, or from by reason of reckless disregard by it of its obligations and duties under hereunder. As used in this Agreement.Article IV, the term "

Appears in 2 contracts

Samples: Management Agreement (Merrill Lynch Retirement Reserves Mo Fu of Mer Lyn Re Ser Tr), Management Agreement (Merrill Lynch Retirement Reserves Mo Fu of Mer Lyn Re Ser Tr)

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by arising out of any investment or for any act or omission in the Fund in connection with management of the matters to which this Agreement relatesFund, except a loss resulting from for willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties duties, or from by reason or reckless disregard by it of its obligations and duties under hereunder. As used in this Agreement.Article IV, the term "

Appears in 2 contracts

Samples: Investment Advisory Agreement (Fpa New Income Inc), Investment Advisory Agreement (Fpa New Income Inc)

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by arising out of any investment or for any act or omission in the Fund in connection with management of the matters to which this Agreement relatesFund, except a loss resulting from for willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties duties, or from by reason or reckless disregard by it of its obligations and duties under hereunder. As used in this AgreementArticle IV, the term “Manager” shall include any affiliates of the Manager performing services for the Fund contemplated hereby and trustees, officers and employees of the Manager and such affiliates.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Fpa Funds Trust), Fpa Funds Trust

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LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. 9.

Appears in 1 contract

Samples: Management Agreement Agreement (Principal Exchange-Traded Funds)

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by arising out of any investment or for any act or omission in the Fund in connection with management of the matters to which this Agreement relatesFund, except a loss resulting from for willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties duties, or from by reason or reckless disregard by it of its obligations and duties under hereunder. As used in this AgreementArticle IV, the term “Manager” shall include any affiliates of the Manager performing services for the Fund contemplated hereby and directors, officers and employees of the Manager and such affiliates.

Appears in 1 contract

Samples: Investment Advisory Agreement (Fpa New Income Inc)

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by arising out of any investment or for any act or omission in the Fund in connection with management of the matters to which this Agreement relatesTrust and the Series, except a loss resulting from for willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties duties, or from by reason of reckless disregard by it of its obligations and duties under hereunder. As used in this Agreement.Article IV, the term "

Appears in 1 contract

Samples: Management Agreement (Merrill Lynch Index Trust)

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund Trust 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 the Manager's its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.this

Appears in 1 contract

Samples: Investment Advisory and Administration Agreement (Heritage Cash Trust)

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by arising out of any investment or for any act or omission in the Fund in connection with management of the matters to which this Agreement relatesFund, except a loss resulting from for willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties duties, or from by reason of reckless disregard by it of its obligations and duties under hereunder. As used in this Agreement.Article IV, the term "

Appears in 1 contract

Samples: Investment Advisory Agreement (Fpa Capital Fund Inc)

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on the Manager's part of the Manager in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Appears in 1 contract

Samples: Management Agreement (Principal Special Markets Fund Inc)

LIMITATION OF LIABILITY OF THE MANAGER. The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by arising out of any investment or for any act or omission in the Fund in connection with management of the matters to which this Agreement relatesFund, except a loss resulting from for willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties duties, or from reckless disregard by it of its obligations and duties under this Agreement.reason of

Appears in 1 contract

Samples: Investment Advisory Agreement (Fpa Capital Fund Inc)

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