Common use of Limitation of Liability Clause in Contracts

Limitation of Liability. The Sub-Adviser shall not be liable for any loss due solely to a mistake of investment judgment, but shall be liable for any loss which is incurred by reason of an act or omission of its employee, partner, director or affiliate, if such act or omission involves willful misfeasance, bad faith or gross negligence, or breach of its duties or obligations hereunder, whether express or implied. Nothing in this paragraph shall be deemed a limitation or waiver of any obligation or duty that may not by law be limited or waived.

Appears in 126 contracts

Samples: Sub Advisory Agreement (GuideStone Funds), Sub Advisory Agreement (GuideStone Funds), Sub Advisory Agreement (GuideStone Funds)

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Limitation of Liability. The Sub-Adviser shall not be liable for any loss due solely to a error of judgment or mistake of investment judgment, but shall be liable law or for any loss suffered by the Fund, the Trust, its shareholders or by the Adviser in connection with the matters to which is incurred by reason of an act or omission of its employeethis Contract relates, partner, director or affiliate, if such act or omission involves except a loss resulting from willful misfeasance, bad faith or gross negligence, or breach negligence on its part in the performance of its duties or from reckless disregard by it of its obligations hereunder, whether express or impliedand duties under this Contract. Nothing in this paragraph shall be deemed a limitation or waiver of any obligation or duty that may not by law be limited or waived.

Appears in 33 contracts

Samples: Sub Advisory Agreement (Hillview Investment Trust Ii), Sub Advisory Agreement (Hillview Investment Trust Ii), Sub Advisory Agreement (Hillview Investment Trust Ii)

Limitation of Liability. The Sub-Adviser shall not be liable for any loss due solely to a mistake of investment judgment, but shall be liable for any loss which is incurred by reason of an act or omission of its employee, partner, director or affiliate, if such act or omission involves willful misfeasance, bad faith faith, or gross negligencenegligence in the performance of its duties, or breach its reckless disregard of its obligations and duties or obligations hereunder, whether express or impliedunder this Agreement. Nothing in this paragraph shall be deemed a limitation or waiver of any obligation or duty that may not by law be limited or waived.

Appears in 27 contracts

Samples: Sub Advisory Agreement (GuideStone Funds), Sub Advisory Agreement (GuideStone Funds), Sub Advisory Agreement (GuideStone Funds)

Limitation of Liability. (a) The Sub-Adviser shall not be liable for any loss due solely to a mistake of investment judgment, but shall be liable for any loss which is incurred by reason of an act or omission of its employee, partner, director or affiliate, if such act or omission involves willful misfeasance, bad faith or gross negligence, or breach of its duties or obligations hereunder, whether express or implied. Nothing in this paragraph shall be deemed a limitation or waiver of any obligation or duty that may not by law be limited or waived.

Appears in 7 contracts

Samples: Sub Advisory Agreement (GuideStone Funds), Sub Advisory Agreement (GuideStone Funds), Sub Advisory Agreement (GuideStone Funds)

Limitation of Liability. The Sub-Adviser shall not be liable for any loss due solely to a mistake of investment judgment, but the Sub-Adviser shall be liable for any loss which is incurred by reason of an act or omission of its employee, partner, director or affiliate, if such act or omission involves willful misfeasance, bad faith or gross negligence, or breach of its duties or obligations hereunder, whether express or implied. Nothing in this paragraph shall be deemed a limitation or waiver of any obligation or duty that may not by law be limited or waived.

Appears in 3 contracts

Samples: Sub Advisory Agreement (GuideStone Funds), Sub Advisory Agreement (GuideStone Funds), Sub Advisory Agreement (GuideStone Funds)

Limitation of Liability. The Sub-Adviser shall not be liable for any loss due solely to a mistake of investment judgment, but shall be liable for any loss which is incurred by reason of an act or omission of its employee, partner, director or affiliate, if such act or omission involves willful misfeasance, bad faith or gross negligence, or breach of its duties or obligations hereunder, whether express or implied. Nothing in this paragraph shall be deemed a limitation or waiver of any obligation or duty that may not by law be limited or waived.

Appears in 2 contracts

Samples: Sub Advisory Agreement (GuideStone Funds), Sub Advisory Agreement (GuideStone Funds)

Limitation of Liability. The (a) Sub-Adviser shall not be liable for any loss due solely to a error of judgment or mistake of investment judgment, but shall be liable law or for any loss which is incurred suffered by reason Adviser or by a Fund in connection with the performance of an act this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services or omission of its employee, partner, director or affiliate, if such act or omission involves a loss resulting from willful misfeasance, bad faith or gross negligence, or breach negligence on its part in the performance of its duties or from reckless disregard by it of its obligations hereunder, whether express or implied. Nothing in duties under this paragraph shall be deemed a limitation or waiver of any obligation or duty that may not by law be limited or waivedAgreement.

Appears in 2 contracts

Samples: Sub Advisory Agreement (BlackRock CoRI Funds), Sub Advisory Agreement (BlackRock CoRI Funds)

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Limitation of Liability. The (a) Sub-Adviser shall not be liable for any loss due solely to a error of judgment or mistake of investment judgment, but shall be liable law or for any loss which is incurred suffered by reason Adviser or by the Fund or the Portfolio in connection with the performance of an act this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services or omission of its employee, partner, director or affiliate, if such act or omission involves a loss resulting from willful misfeasance, bad faith or gross negligence, or breach negligence on its part in the performance of its duties or from reckless disregard by it of its obligations hereunder, whether express or implied. Nothing in duties under this paragraph shall be deemed a limitation or waiver of any obligation or duty that may not by law be limited or waivedAgreement.

Appears in 2 contracts

Samples: Sub Advisory Agreement (BlackRock Funds II), Sub Advisory Agreement (Blackrock Funds)

Limitation of Liability. The Sub-Adviser shall not be liable for any loss due solely to a mistake of investment judgment, but shall be liable for any loss which is incurred by reason of an act or omission of its employee, partner, director or affiliate, if such act or omission involves willful misfeasance, bad faith or gross negligence, or breach of its duties or obligations hereunder, whether express or implied. Nothing in this paragraph shall be deemed a limitation or waiver of any obligation or duty that may not by law be limited or waived.,

Appears in 1 contract

Samples: Sub Advisory Agreement (Ab Funds Trust/De)

Limitation of Liability. (a) The Sub-Adviser shall not be liable for any loss due solely to a mistake of investment judgment, but shall be liable for any loss which is incurred by reason of an act or omission of its employee, partner, director or affiliate, if such act or omission involves willful misfeasance, bad faith or gross negligence, or breach negligence in the performance of its duties or its reckless disregard of its obligations hereunder, whether express or impliedand duties under this Agreement. Nothing in this paragraph shall be deemed a limitation or waiver of any obligation or duty that may not by law be limited or waived.

Appears in 1 contract

Samples: Sub Advisory Agreement (GuideStone Funds)

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