Common use of Standard of Care, Liability and Indemnification Clause in Contracts

Standard of Care, Liability and Indemnification. (a) The Subadviser shall exercise its best judgment in rendering the services provided by it under this Agreement. In the absence of willful misfeasance, bad faith or gross negligence on the part of the Subadviser, or of reckless disregard of its obligations and duties hereunder, the Subadviser shall not be subject to any liability to the Adviser or the Corporation, to any shareholder of the Fund, or to any person, firm or organization, for any act or omission in the course of, or connected with the rendering of services by Subadviser. Notwithstanding the foregoing, federal securities laws and certain state laws impose liabilities under certain circumstances on persons who have acted in good faith, and, therefore, nothing herein shall in any way constitute a waiver or limitation of any rights which the Fund or any shareholder of the Fund may have under any federal securities or state law.

Appears in 6 contracts

Samples: Subadvisory Agreement (MARSHALL FUNDS INC D/B/a BMO FUNDS), Subadvisory Agreement (MARSHALL FUNDS INC D/B/a BMO FUNDS), Subadvisory Agreement (MARSHALL FUNDS INC D/B/a BMO FUNDS)

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Standard of Care, Liability and Indemnification. (a) The Subadviser shall exercise its best judgment in rendering the services provided by it under this Agreement. In the absence of willful misfeasance, bad faith or gross negligence on the part of the Subadviser, or of reckless disregard of its obligations and duties hereunder, the Subadviser shall not be subject to any liability to the Adviser or the CorporationFund, to any shareholder of the Fund, or to any person, firm or organization, for any act or omission in the course of, or connected with the rendering of services by Subadviser. Notwithstanding the foregoing, federal securities laws and certain state laws impose liabilities under certain circumstances on persons who have acted in good faith, and, therefore, nothing herein shall in any way constitute a waiver or limitation of any rights which the Fund or any shareholder of the Fund may have under any federal securities or state law.

Appears in 3 contracts

Samples: Subadvisory Agreement (BMO LGM Frontier Markets Equity Fund), Subadvisory Agreement (BMO Lloyd George Frontier Markets Equity Fund), Subadvisory Agreement (BMO Lloyd George Frontier Markets Equity Fund)

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Standard of Care, Liability and Indemnification. (a) The Subadviser shall exercise its best judgment in rendering the services provided by it under this Agreement. In the absence of willful misfeasance, bad faith or gross negligence on the part of the Subadviser, or of reckless disregard of its obligations and duties hereunder, the Subadviser shall not be subject to any liability to the Adviser or the Corporation, to any shareholder of the Fund, or to any person, firm or organization, for any act or omission in the course of, or connected with the rendering of services by Subadviser. Notwithstanding the foregoing, federal securities laws and certain state laws impose liabilities under certain circumstances on persons who have acted in good faith, and, therefore, nothing herein shall in any way constitute a waiver or limitation of any rights which the a Fund or any shareholder of the Fund may have under any federal securities or state law.

Appears in 1 contract

Samples: Subadvisory Agreement (MARSHALL FUNDS INC D/B/a BMO FUNDS)

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