Common use of Limits of Liability; Indemnification Clause in Contracts

Limits of Liability; Indemnification. The Advisor assumes no responsibility under this Agreement other than to render the Services called for hereunder. The Advisor shall not be liable for any error of judgment or for any loss suffered by the Trust or the Fund in connection with the matters to which this Agreement relates, except a loss resulting from a breach of fiduciary duty with respect to receipt of compensation for services (in which case any award of damages shall be limited to the period and the amount set forth in Section 36(b)(3) of the Act) or a loss resulting from willful misfeasance, bad faith, gross negligence, or reckless disregard on its part in the performance of, or from reckless disregard by it of its obligations and duties under, this Agreement. It is agreed that the Advisor shall have no responsibility or liability for the accuracy or completeness of the Trust's registration statement under the Act or the Securities Act of 1933, as amended ("1933 Act"), except for information supplied by the Advisor for inclusion therein. The Trust agrees to indemnify the Advisor to the full extent permitted by the Trust's Declaration of Trust.

Limits of Liability; Indemnification. The Advisor assumes no responsibility under this Agreement other than to render the Services services called for hereunder. The Advisor shall not be liable for any error of judgment or for any loss suffered by the Trust or the a Fund in connection with the matters to which this Agreement relates, except a loss resulting from a breach of fiduciary duty with respect to receipt of compensation for services (in which case any award of damages shall be limited to the period and the amount set forth in Section 36(b)(3) of the Act1000 Xxx) or a loss resulting from willful misfeasance, bad faith, faith or gross negligence, or reckless disregard negligence on its part in the performance of, or from reckless disregard by it of its obligations and duties under, this Agreement. It is agreed that the Advisor shall have no responsibility or liability for the accuracy or completeness of the Trust's ’s registration statement under the 1940 Act or the Securities Act of 1933, as amended ("the “1933 Act"”), except for information supplied by the Advisor for inclusion therein. The Trust agrees to indemnify the Advisor to the full extent permitted by the Trust's ’s Declaration of Trust.

Limits of Liability; Indemnification. The Advisor assumes no responsibility under this Agreement other than to render the Services called for hereunder. The Advisor shall not be liable for any error of judgment or for any loss suffered by the Trust or the Fund Funds in connection with the matters to which this Agreement relates, except a loss resulting from a breach of fiduciary duty with respect to receipt of compensation for services (in which case any award of damages shall be limited to the period and the amount set forth in Section 36(b)(3) of the Act) or a loss resulting from willful misfeasance, bad faith, gross negligence, or reckless disregard on its part in the performance of, or from reckless disregard by it of its obligations and duties under, this Agreement. It is agreed that the Advisor shall have no responsibility or liability for the accuracy or completeness of the Trust's registration statement under the Act or the Securities Act of 1933, as amended ("1933 Act"), except for information supplied by the Advisor for inclusion therein. The Trust agrees to indemnify the Advisor to the full extent permitted by the Trust's Declaration of Trust.

Limits of Liability; Indemnification. The Advisor assumes no responsibility under this Agreement other than to render the Services services called for hereunder. The Advisor shall not be liable for any error of judgment or for any loss suffered by the Trust or the a Fund in connection with the matters to which this Agreement relates, except a loss resulting from a breach of fiduciary duty with respect to receipt of compensation for services (in which case any award of damages shall be limited to the period and the amount set forth in Section section 36(b)(3) of the Act1000 Xxx) or a loss resulting from willful misfeasance, bad faith, faith or gross negligence, or reckless disregard negligence on its part in the performance of, or from reckless disregard by it of its obligations and duties under, this Agreement. It is agreed that the Advisor shall have no responsibility or liability for the accuracy or completeness of the Trust's ’s registration statement under the 1940 Act or the Securities Act of 1933, as amended ("“1933 Act"”), except for information supplied by the Advisor for inclusion therein. The Trust agrees to indemnify the Advisor to the full extent permitted by the Trust's ’s Declaration of Trust.

Limits of Liability; Indemnification. The Advisor Adviser assumes no responsibility under this Agreement other than to render the Services called for hereunder. The Advisor Adviser shall not be liable for any error of judgment or for any loss suffered by the Trust or the Fund in connection with the matters to which this Agreement relates, except a loss resulting from a breach of fiduciary duty with respect to receipt of compensation for services (in which case any award of damages shall be limited to the period and the amount set forth in Section 36(b)(3) of the Act) or a loss resulting from willful misfeasance, bad faith, gross negligence, or reckless disregard on its part in the performance of, or from reckless disregard by it of its obligations and duties under, this Agreement. It is agreed that the Advisor Adviser shall have no responsibility or liability for the accuracy or completeness of the Trust's ’s registration statement under the Act or the Securities Act of 1933, as amended ("“1933 Act"”), except for information supplied by the Advisor Adviser for inclusion therein. The Trust agrees to indemnify the Advisor Adviser to the full extent permitted by the Trust's ’s Declaration of Trust.

Limits of Liability; Indemnification. The Advisor assumes no responsibility under this Agreement other than to render the Services services called for hereunder. The Advisor shall not be liable for any error of judgment or for any loss suffered by the Trust or the a Fund in connection with the matters to which this Agreement relates, except a loss resulting from a breach of fiduciary duty with respect to receipt of compensation for services (in which case Exhibit (d)(i) any award of damages shall be limited to the period and the amount set forth in Section 36(b)(3) of the Act1000 Xxx) or a loss resulting from willful misfeasance, bad faith, faith or gross negligence, or reckless disregard negligence on its part in the performance of, or from reckless disregard by it of its obligations and duties under, this Agreement. It is agreed that the Advisor shall have no responsibility or liability for the accuracy or completeness of the Trust's registration statement under the 1940 Act or the Securities Act of 1933, as amended ("1933 Act"), except for information supplied by the Advisor for inclusion therein. The Trust agrees to indemnify the Advisor to the full extent permitted by the Trust's Declaration of Trust.

Limits of Liability; Indemnification. The Advisor Adviser assumes no responsibility under this Agreement other than to render the Services called for hereunder. The Advisor Adviser shall not be liable for any error of judgment or for any loss suffered by the Trust or the Fund in connection with the matters to which this Agreement relates, except a loss resulting from a breach of fiduciary duty with respect to receipt of compensation for services (in which case any award of damages shall be limited to the period and the amount set forth in Section 36(b)(3) of the Act) or a loss resulting from willful misfeasance, bad faith, gross negligence, or reckless disregard on its part in the performance of, or from reckless disregard by it of its obligations and duties under, this Agreement. It is agreed that the Advisor Adviser shall have no responsibility or liability for the accuracy or completeness of the Trust's registration statement under the 1940 Act or the Securities Act of 1933, as amended ("1933 Act"), except for information supplied by the Advisor Adviser for inclusion therein. The Trust agrees to indemnify the Advisor Adviser to the full extent permitted by the Trust's Declaration of Trust.