Common use of Standard of Care and Limitation of Liability Clause in Contracts

Standard of Care and Limitation of Liability. The Subadvisor shall exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Subadvisor shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's shares in connection with the matters to which this Subadvisory Agreement relates, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Subadvisor against any liability to the Fund or to holders of the Fund's shares to which the Subadvisor would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Subadvisor's reckless disregard of its obligations and duties under this Subadvisory Agreement. As used in this Section 9, the term "Subadvisor" shall include any officers, directors, employees or other affiliates of the Subadvisor performing services for the Fund.

Appears in 5 contracts

Samples: Subadvisory Agreement (Forward Funds Inc), Subadvisory Agreement (Forward Funds Inc), Subadvisory Agreement (Forward Funds Inc)

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Standard of Care and Limitation of Liability. The Subadvisor Sub-Advisor shall exercise its best judgment in rendering the services provided by it under this Subadvisory Sub-Advisory Agreement. The Subadvisor Sub-Advisor shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's ’s shares in connection with the matters to which this Subadvisory Sub-Advisory Agreement relates, provided that nothing in this Subadvisory Sub-Advisory Agreement shall be deemed to protect or purport to protect the Subadvisor Sub-Advisor against any liability to the Fund or to holders of the Fund's ’s shares to which the Subadvisor Sub-Advisor would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Subadvisor's Sub-Advisor’s reckless disregard of its obligations and duties under this Subadvisory Sub-Advisory Agreement. As used in this Section 9, the term "Subadvisor" “Sub-Advisor” shall include any officers, directors, employees or other affiliates of the Subadvisor Sub-Advisor performing services for the Fund.

Appears in 4 contracts

Samples: Investment Sub Advisory Agreement (Forward Funds), Investment Sub Advisory Agreement (Forward Funds), Forward Funds (Forward Funds)

Standard of Care and Limitation of Liability. The Subadvisor Subadviser shall exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Subadvisor Subadviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's shares in connection with the matters to which this Subadvisory Agreement relates, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Subadvisor Subadviser against any liability to the Fund or to holders of the Fund's shares to which the Subadvisor Subadviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the SubadvisorSubadviser's reckless disregard of its obligations and duties under this Subadvisory Agreement. As used in this Section 9, the term "SubadvisorSubadviser" shall include any officers, directors, employees or other affiliates of the Subadvisor Subadviser performing services for the Fund.

Appears in 3 contracts

Samples: Subadvisory Agreement (Forward Funds Inc), Subadvisory Agreement (Forward Funds Inc), Forward Funds Inc

Standard of Care and Limitation of Liability. The Subadvisor Sub-Adviser shall exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Subadvisor Sub-Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the each Fund or the holders of the each Fund's shares in connection with the matters to which this Subadvisory Agreement relates, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Subadvisor Sub-Adviser against any liability to the Trust, each Fund or to holders of the each Fund's shares to which the Subadvisor Sub-Adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the SubadvisorSub-Adviser's reckless disregard of its obligations and duties under this Subadvisory Agreement or otherwise for breach of this Agreement. As used in this Section section 9, the term "SubadvisorSub-Adviser" shall include any officers, directors, employees or other affiliates of the Subadvisor Sub-Adviser performing services for the with respect to each Fund.

Appears in 3 contracts

Samples: Investment Sub Advisory Agreement (E Trade Funds), Sub Advisory Agreement (E Trade Funds), E Trade Funds

Standard of Care and Limitation of Liability. The Subadvisor Subadviser shall exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Subadvisor Subadviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's shares in connection with the matters to which this Subadvisory Agreement relatesrelate, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Subadvisor Subadviser against any liability to the Fund or to holders of the Fund's shares to which the Subadvisor Subadviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the SubadvisorSubadviser's reckless disregard of its obligations and duties under this Subadvisory Agreement. As used in this Section 96, the term "SubadvisorSubadviser" shall include any officers, directors, partners, employees or other affiliates of the Subadvisor Subadviser performing services for the Fund.

Appears in 3 contracts

Samples: Republic Funds Republic Equity Fund Subadvisory Agreement (Republic Funds), Equity Fund Subadvisory Agreement (Republic Funds), Equity Fund Subadvisory Agreement (Republic Funds)

Standard of Care and Limitation of Liability. The Subadvisor Sub-Adviser shall exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Subadvisor Sub-Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Value Fund or the holders of the Value Fund's shares in connection with the matters to which this Subadvisory Agreement relates, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Subadvisor Sub-Adviser against any liability to the Trust, the Value Fund or to holders of the Value Fund's shares to which the Subadvisor Sub-Adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the SubadvisorSub-Adviser's reckless disregard of its obligations and duties under this Subadvisory Agreement or otherwise for breach of this Agreement. As used in this Section section 9, the term "SubadvisorSub-Adviser" shall include any officers, directors, employees or other affiliates of the Subadvisor Sub-Adviser performing services for with respect to the Value Fund.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (E Trade Funds), E Trade Funds

Standard of Care and Limitation of Liability. The Subadvisor Sub-Adviser shall exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Subadvisor Sub-Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the each Fund or the holders of the each Fund's shares in connection with the matters to which this Subadvisory Agreement relates, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Subadvisor Sub-Adviser against any liability to the Trust, each Fund or to holders of the each Fund's shares to which the Subadvisor Sub-Adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the SubadvisorSub-Adviser's reckless disregard of its obligations and duties under this Subadvisory Agreement or otherwise for breach of this Agreement. As used in this Section section 9, the term "SubadvisorSub-Adviser" shall include any officers, directors, employees or other affiliates of the Subadvisor Sub-Adviser performing services for the with respect to each Fund. 10.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (E Trade Funds), Sub Advisory Agreement (E Trade Funds)

Standard of Care and Limitation of Liability. The Subadvisor Subadviser shall exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Subadvisor Subadviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's shares in connection with the matters to which this Subadvisory Agreement relates, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Subadvisor Subadviser against any liability to the Trust, the Fund or to holders of the Fund's shares to which the Subadvisor Subadviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the SubadvisorSubadviser's reckless disregard of its obligations and duties under this Subadvisory Agreement or otherwise for breach of this Agreement. As used in this Section 9, the term "SubadvisorSubadviser" shall include any officers, directors, employees or other affiliates of the Subadvisor Subadviser performing services for with respect to the Fund.

Appears in 1 contract

Samples: Investment Subadvisory Agreement (E Trade Funds)

Standard of Care and Limitation of Liability. The Subadvisor Sub-Adviser shall exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Subadvisor Sub-Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Company, the Fund or the holders of the Fund's shares in connection with the matters to which this Subadvisory Agreement relates, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Subadvisor Sub-Adviser against any liability to the Company, the Fund or to holders of the Fund's shares to which the Subadvisor Sub-Adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the SubadvisorSub-Adviser's reckless disregard of its obligations and duties under this Subadvisory Agreement. As used in this Section 96, the term "SubadvisorSub-Adviser" shall include any officers, directors, employees or other affiliates of the Subadvisor Sub-Adviser performing services for with respect to the Fund.

Appears in 1 contract

Samples: Sub Advisory Agreement (Centura Funds Inc)

Standard of Care and Limitation of Liability. The Subadvisor Sub-Advisor shall exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Subadvisor Sub-Advisor shall not be liable for any error of or judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's ’s shares in connection with the matters to which this Subadvisory Agreement relatesrelate, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Subadvisor Sub- Advisor against any liability to the Fund or to the holders of the Fund's ’s shares to which the Subadvisor Sub-Advisor would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Subadvisor's Sub-Advisor’s reckless disregard of its obligations and duties under this Subadvisory Agreement. As used in this Section 9, the term "Subadvisor" “Sub-Advisor” shall include any officers, directors, employees partners, employees, agents or other affiliates of the Subadvisor Sub-Advisor performing services for the Fund.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (PFS Funds)

Standard of Care and Limitation of Liability. The Subadvisor Sub-Advisor shall exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Subadvisor Sub-Advisor shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's ’s shares in connection with the matters to which this Subadvisory Agreement relates, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Subadvisor Sub-Advisor against any liability to the Fund or to holders of the Fund's ’s shares to which the Subadvisor Sub-Advisor would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Subadvisor's Sub-Advisor’s reckless disregard of its obligations and duties under this Subadvisory Agreement. As used in this Section 9, the term "Subadvisor" “Sub-Advisor” shall include any officers, directors, employees or other affiliates of the Subadvisor Sub-Advisor performing services for the Fund.

Appears in 1 contract

Samples: Forward Funds (Forward Funds)

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Standard of Care and Limitation of Liability. The Subadvisor Sub-Adviser shall exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Subadvisor Sub-Adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's shares in connection with the matters to which this Subadvisory Agreement relates, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Subadvisor Sub-Adviser against any liability to the Trust, the Fund or to holders of the Fund's shares to which the Subadvisor Sub-Adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the SubadvisorSub-Adviser's reckless disregard of its obligations and duties under this Subadvisory Agreement. As used in this Section 96, the term "SubadvisorSub-Adviser" shall include any officers, directors, employees or other affiliates of the Subadvisor Sub-Adviser performing services for with respect to the Fund.

Appears in 1 contract

Samples: Coventry Group

Standard of Care and Limitation of Liability. The Subadvisor Sub-adviser shall exercise its best judgment in rendering the services provided by it under this Subadvisory Sub-advisory Agreement. The Subadvisor Sub-adviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's shares in connection with the matters to which this Subadvisory Sub-advisory Agreement relatesrelate, provided that nothing in this Subadvisory Sub-advisory Agreement shall be deemed to protect or purport to protect the Subadvisor Sub-adviser against any liability to the Fund or to holders of the Fund's shares to which the Subadvisor Sub-adviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the SubadvisorSub-adviser's reckless disregard breach of its obligations and duties under this Subadvisory Sub-advisory Agreement. As used in this Section 96, the term "SubadvisorSub-adviser" shall include any officers, directors, employees partners, employees, agents or other affiliates of the Subadvisor Sub-adviser performing services for the Fund.

Appears in 1 contract

Samples: Sub Advisory Agreement (HSBC Funds)

Standard of Care and Limitation of Liability. The Subadvisor Subadviser shall exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Subadvisor Subadviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's shares in connection with the matters to which this Subadvisory Agreement relates, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Subadvisor Subadviser against any liability to the Trust, the Fund or to holders of the Fund's shares to which the Subadvisor Subadviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the SubadvisorSubadviser's reckless disregard of its obligations and duties under this Subadvisory Agreement or otherwise for breach of this Agreement. As used in this Section 9, the term "SubadvisorSubadviser" shall include any officers, directors, employees or other affiliates of the Subadvisor Subadviser performing services for with respect to the Fund. 10.

Appears in 1 contract

Samples: Investment Subadvisory Agreement (E Trade Funds)

Standard of Care and Limitation of Liability. The Subadvisor Sub-Advisor shall exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Subadvisor Sub-Advisor shall not be liable for any error of or judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's ’s shares in connection with the matters to which this Subadvisory Agreement relatesrelate, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Subadvisor Sub-Advisor against any liability to the Fund or to the holders of the Fund's ’s shares to which the Subadvisor Sub-Advisor would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Subadvisor's Sub-Advisor’s reckless disregard of its obligations and duties under this Subadvisory Agreement. As used in this Section 9, the term "Subadvisor" “Sub-Advisor” shall include any officers, directors, employees partners, employees, agents or other affiliates of the Subadvisor Sub-Advisor performing services for the Fund.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (PFS Funds)

Standard of Care and Limitation of Liability. The Subadvisor shall exercise its best reasonable judgment in rendering the services provided by it under this Subadvisory Agreement. The Subadvisor shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's shares in connection with the matters to which this Subadvisory Agreement relates, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Subadvisor against any liability to the Fund or to holders of the Fund's shares to which the Subadvisor would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the Subadvisor's reckless disregard of its obligations and duties under this Subadvisory Agreement. As used in this Section 9, the term "Subadvisor" shall include any officers, directors, employees or other affiliates of the Subadvisor performing services for the Fund. . The Subadvisor is indemnified against misrepresentations by the Investment Advisor in selling the Fund. . The Fund and the Investment Advisor are ultimately responsible for problems with the custodian that are outside of the Subadvisor's control.

Appears in 1 contract

Samples: Subadvisory Agreement (Forward Funds Inc)

Standard of Care and Limitation of Liability. The Subadvisor Subadviser shall -------------------------------------------- exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Subadvisor Subadviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's shares in connection with the matters to which this Subadvisory Agreement relates, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Subadvisor Subadviser against any liability to the Fund or to holders of the Fund's shares to which the Subadvisor Subadviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the SubadvisorSubadviser's reckless disregard of its obligations and duties under this Subadvisory Agreement. As used in this Section 9, the term "SubadvisorSubadviser" shall include any officers, directors, employees or other affiliates of the Subadvisor Subadviser performing services for the Fund.

Appears in 1 contract

Samples: Subadvisory Agreement (Forward Funds Inc)

Standard of Care and Limitation of Liability. The Subadvisor Subadviser shall exercise its best judgment in rendering the services provided by it under this Subadvisory Agreement. The Subadvisor Subadviser shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund or the holders of the Fund's shares in connection with the matters to which this Subadvisory Agreement relates, provided that nothing in this Subadvisory Agreement shall be deemed to protect or purport to protect the Subadvisor Subadviser against any liability to the Fund or to holders of the Fund's shares to which the Subadvisor Subadviser would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or by reason of the SubadvisorSubadviser's reckless disregard of its obligations and duties under this Subadvisory Agreement. As used in this Section 910, the term "SubadvisorSubadviser" shall include any officers, directors, employees or other affiliates of the Subadvisor Subadviser performing services for the Fund.

Appears in 1 contract

Samples: Subadvisory Agreement (Forward Funds Inc)

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