Common use of Trade Errors Clause in Contracts

Trade Errors. The Sub-Adviser will notify the Adviser of any Trade Error(s), regardless of materiality, promptly upon the discovery such Trade Error(s) by the Sub-Adviser. Notwithstanding Paragraph 11 above, the Sub-Adviser shall be liable to the Adviser, the Fund or its shareholders for any loss suffered by the Adviser or the Fund resulting from Trade Errors. Any gains which occur due to a Trade Error shall be retained by the Fund. For purposes of this Paragraph 12, Trade Errors are defined as errors due to (i) erroneous orders by the Sub-Adviser for the Fund that result in the purchase or sale of securities that were not intended to be purchased or sold; (ii) erroneous orders by the Sub-Adviser that result in the purchase or sale of securities for the Fund in an unintended amount or price; or (iii) purchases or sales of financial instruments which violate the investment limitations or restrictions disclosed in the Fund’s Prospectus and Statement of Additional Information and/or imposed by applicable law or regulation, unless otherwise agreed to by the Fund in writing. 13.

Trade Errors. The Sub-Adviser will notify the Adviser of any Trade Error(s), regardless of materiality, promptly upon the discovery such Trade Error(s) by the Sub-Adviser. Notwithstanding Paragraph 11 above, the Sub-Adviser shall be liable to the Adviser, the Fund or its shareholders for any loss suffered by the Adviser or the Fund resulting from Trade Errors. Any gains which occur due to a Trade Error shall be retained by the Fund. For purposes of this Paragraph 12, Trade Errors are defined as errors due to (i) erroneous orders by the Sub-Adviser for the Fund that result in the purchase or sale of securities that were not intended to be purchased or sold; (ii) erroneous orders by the Sub-Adviser that result in the purchase or sale of securities for the Fund in an unintended amount or price; or (iii) purchases or sales of financial instruments which violate the investment limitations or restrictions disclosed in the Fund’s Prospectus and Statement of Additional Information and/or imposed by applicable law or regulation, unless otherwise agreed to by the Fund in writing. 13.