CONCERNING BNY. 1. BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, sustained or incurred by, or asserted against, any Fund, except that BNY shall be liable for all such amounts to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to any Fund, such Fund's Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement.
Appears in 29 contracts
Samples: Foreign Custody Manager Agreement (Nations Master Investment Trust), Foreign Custody Manager Agreement (Nations Institutional Reserves), Foreign Custody Manager Agreement (Nations Funds Trust)
CONCERNING BNY. 1. BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, sustained or incurred by, or asserted against, any against a Fund with respect to custody of a Fund's Foreign Assets (as defined in the Rule), except that BNY shall be liable for all such amounts to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to any a Fund, such Fund's the Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement.
Appears in 24 contracts
Samples: Custody Agreement (Vanguard Whitehall Funds), Custody Agreement (Vanguard CMT Funds), Custody Agreement (Vanguard Fixed Income Securities Funds)
CONCERNING BNY. 1. BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including reasonable attorneys' ’ and accountants' ’ fees, sustained or incurred by, or asserted against, any Fund, the Fund except that BNY shall be liable for all such amounts to the extent the same arises out of (i) the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereofhereof or (ii) BNY’s negligence or willful misconduct. In no event shall BNY be liable to any the Fund, such Fund's the Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement.
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CONCERNING BNY. 1. BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' ’ and accountants' ’ fees, sustained or incurred by, or asserted against, any Fund, except that BNY shall be liable for all such amounts to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to any Fund, such Fund's ’s Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement.
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Samples: Foreign Custody Manager Agreement (Nations Separate Account Trust)
CONCERNING BNY. 1. BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' ’ and accountants' ’ fees, sustained or incurred by, or asserted against, any Funda Series with respect to custody of the Series’ Foreign Assets (as defined in the Rule), except that BNY shall be liable for all such amounts to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to any Funda Series, such Fund's the Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement.
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