Common use of Limitation of Liability of Xxxxx Xxxxx Clause in Contracts

Limitation of Liability of Xxxxx Xxxxx. The services of Xxxxx Xxxxx to the Trust and the Fund are not to be deemed to be exclusive, Xxxxx Xxxxx 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 Xxxxx Xxxxx, Xxxxx Xxxxx shall not be subject to liability to the Trust or the Fund or to any shareholder of the 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 13 contracts

Samples: Agreement (Eaton Vance Growth Trust), Agreement (Eaton Vance Growth Trust), And Administrative Agreement (Global Macro Absolute Return Advantage Portfolio)

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Limitation of Liability of Xxxxx Xxxxx. The services of Xxxxx Xxxxx to the Trust and the Fund are not to be deemed to be exclusive, Xxxxx Xxxxx 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 Xxxxx Xxxxx, Xxxxx Xxxxx shall not be subject to liability to the Trust or the Fund or to any shareholder of the Fund 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 6 contracts

Samples: Advisory and Administrative Agreement (eUnits(TM) 2 Year U.S. Market Participation Trust 2: Upside to Cap / Buffered Downside), Advisory and Administrative Agreement (eUNITs (TM) 2 Year U.S. Market Participation Trust: Upside to Cap / Buffered Downside), Investment Advisory and Administrative Agreement (Eaton Vance Tax-Advantaged Bond & Option Strategies Fund)

Limitation of Liability of Xxxxx Xxxxx. The services of Xxxxx Xxxxx to the Trust and the Fund are not to be deemed to be exclusive, Xxxxx Xxxxx 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 Xxxxx Xxxxx, Xxxxx Xxxxx shall not be subject to liability to the Trust or the Fund or to any shareholder Holder of Interests in the Fund 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 2 contracts

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

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Limitation of Liability of Xxxxx Xxxxx. The services of Xxxxx Xxxxx to the Trust and the Fund are not to be deemed to be exclusive, Xxxxx Xxxxx 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 Xxxxx Xxxxx, Xxxxx Xxxxx shall not be subject to liability to the Trust or the Fund Fund, Parent Company or to any shareholder of the 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: Investment Advisory Agreement (Eaton Vance Growth Trust)

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