Common use of CONCERNING CUSTODIAN Clause in Contracts

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian or by the Custodian's nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the Trust, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust shall be security therefore. The Custodian agrees to indemnify and hold harmless Trust from all charges, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust in connection with the performance of this Agreement, except such as may arise from the Trust's own negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust Company agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Company for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustCompany, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Company shall be security thereforetherefor. The Custodian agrees to indemnify and hold harmless Trust the Company from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreement, except such as may arise from the TrustCompany's own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior So long as and to the first anniversary of this Agreementextent that it exercises reasonable care, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust Fund agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Fund for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustFund, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Fund shall be security therefore. The Custodian agrees to indemnify and hold harmless Trust Fund from all charges, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreementagreement, except such as may arise from the TrustFund's own negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust agrees Funds agree to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Funds for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustFunds, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Funds shall be security therefore. The Custodian agrees to indemnify and hold harmless Trust each of the Funds from all charges, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreementagreement, except such as may arise from the Trust's Funds' own negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The For its services hereunder the Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation at such times as may from time to time be agreed upon on in writing between by the two parties. Until modified parties hereto in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this a Custodian Fee Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate custodian order or facsimile herein described or certified copy of any resolution of the BoardBoard of Directors or of the Executive Committee of the Board of Directors of the Corporation, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust Corporation agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its the Custodian's or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Corporation for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustCorporation, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Corporation shall be security therefore. The Custodian agrees shall maintain a standard of care equivalent to indemnify that which would be required of a bailee for hire and hold harmless Trust shall not be liable for any loss or damage to the Corporation resulting from all chargesparticipation in a securities depository unless such loss or damage arises by reason of any negligence, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust in connection with the performance of this Agreement, except such as may arise from the Trust's own negligent action, negligent failure to actmisfeasance, or willful misconductmisconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any securities depository or from use of an agent, unless such loss or damage arises by reason of any negligence, misfeasance, or willful misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any agent.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two partiesCustodian and the Corporation. Until modified in writing, writing such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the BoardBoard of Directors, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust Corporation agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any the account of the Trust any Fund for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustCorporation, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Corporation shall be security therefore. The Custodian agrees to indemnify and hold harmless Trust from all charges, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust in connection with the performance of this Agreement, except such as may arise from the Trust's own negligent action, negligent failure to act, or willful misconducttherefor.

CONCERNING CUSTODIAN. The For its services hereunder the Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation at such times as may from time to time be agreed upon on in writing between by the two parties. Until modified parties hereto in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this a Custodian Fee Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate custodian order or facsimile herein described or certified copy of any resolution of the BoardBoard of Directors or of the Executive Committee of the Board of Directors of the Corporation, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust Corporation agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its the Custodian's or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Corporation for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustCorporation, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Corporation shall be security thereforetherefor. The Custodian agrees shall maintain a standard of care equivalent to indemnify that which would be required of a bailee for hire and hold harmless Trust shall not be liable for any loss or damage to the Corporation resulting from all chargesparticipation in a securities depository unless such loss or damage arises by reason of any negligence, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust in connection with the performance of this Agreement, except such as may arise from the Trust's own negligent action, negligent failure to actmisfeasance, or willful misconduct.misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any securities depository or from use of an agent, unless such loss

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writinga written agreement, executed by both parties and approved by the Board of Directors of the Fund, such compensation shall be as set forth in Exhibit A B attached hereto. If The Custodian shall be entitled to charge against any money held by it for the Trust elects account of the Fund the amount of any loss, damage, liability or expense, including counsel fees, for which it shall be entitled to terminate reimbursement under the provisions of this Agreement prior to the first anniversary as determined by agreement of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed Fund or by the final order of any court or arbitrator having jurisdiction and as to between the partieswhich all rights to appeal have expired. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. Custodian shall be liable for no loss or damage, including counsel fees, resulting from its action or omission to act, or otherwise, except for any such loss or damage arising out of its own negligence or willful misconduct. The Trust Fund agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, losses, claims and liabilities (including counsel fees) incurred or assessed against the Custodian or it by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Fund for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustFund, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's nominees own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Fund shall be security therefore. The Custodian agrees may, with respect to indemnify questions of law, apply for and hold harmless Trust from all charges, expenses, assessments, obtain the advice and claims/liabilities (including opinion of counsel fees) incurred or assessed against to the Trust in connection with Fund at the performance expense of this Agreement, except such as may arise from the Trust's own negligent action, negligent failure to actFund, or willful misconductof its own counsel at its own expense and shall be fully protected with respect to anything done or omitted by it in good faith in conformity with advice or opinion of its counsel, unless counsel to the Fund shall, within a reasonable time after notification, have a differing opinion of such question of law.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writinga written agreement, executed by both parties and approved by the Board, such compensation shall be as set forth in Exhibit A B attached hereto. If The Custodian shall be entitled to charge against any money held by it for the Trust elects account of the Funds the amount of any loss, damage, liability or expense, including counsel fees, for which it shall be entitled to terminate reimbursement under the provisions of this Agreement prior to the first anniversary as determined by agreement of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed Funds or by the final order of any court or arbitrator having jurisdiction and as to between the partieswhich all rights to appeal have expired. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith and reasonably believe to have been validly executed. Custodian shall be liable for any loss or damage, including counsel fees, resulting from its action or omission to act, or otherwise, where any such loss or damage arises out of its own negligence, willful misconduct or reckless disregard of its duties. The Trust agrees Funds agree to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, losses, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustFunds, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Funds shall be security thereforetherefor. The Custodian agrees may, with respect to indemnify questions of law, apply for and hold harmless Trust from all charges, expenses, assessments, obtain the advice and claims/liabilities (including opinion of counsel fees) incurred or assessed against to the Trust in connection with Funds at the performance expense of this Agreement, except such as may arise from the Trust's own negligent action, negligent failure to actFunds, or willful misconduct.of its own counsel at its own expense and shall be fully protected with respect to anything done or omitted by it in good faith in conformity with advice or opinion of its counsel, unless counsel to the Funds shall, within a reasonable time after notification, have

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust Fund elects to terminate this Agreement prior to the first anniversary of this Agreement, the Trust Fund agrees to reimburse the Custodian Agent for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust agrees Funds agree to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Funds for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustFunds, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Funds shall be security therefore. The Custodian agrees to indemnify and hold harmless Trust Funds from all charges, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreementagreement, except such as may arise from the Trust's Funds' own negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust Company agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust relevant Series of the Company for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustCompany, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Series of the Company shall be security therefore. The Custodian agrees to indemnify and hold harmless Trust the Company from all charges, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreementagreement, except such as may arise from the TrustCompany's own negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between among the two partiesparties hereto. Until modified in writing, writing such compensation shall be as set forth in Exhibit A B attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the BoardBoard of Trustees, and may rely on the genuineness of any such document which it may in good faith believe believe-to have been validly executed. The Trust Fund agrees to indemnify reimburse and hold harmless the make Custodian and its nominee whole from all taxes, charges, expenses, assessments, claims claims, and liabilities (including counsel reasonable attorney's fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its Custodian's or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustFund, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, Agreement (except such as may arise from its Custodian or its nominee's own negligent action, negligent failure to act or willful misconduct, and excluding any compensation payable by the Fund to Custodian hereunder), any property at any time held for the account of the Trust Fund shall be security thereforetherefor. The Custodian agrees to shall reimburse, indemnify and hold harmless Trust make the Fund whole for any actual loss or damages, including reasonable fees and expenses of counsel, arising from all charges, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust in connection with the performance of this Agreement, except such as may arise from the TrustCustodian's own negligent action, negligent failure to act, act or its willful misconduct.

CONCERNING CUSTODIAN. The For its services hereunder the Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation at such times as may from time to time be agreed upon on in writing between by the two parties. Until modified parties hereto in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this a Custodian Fee Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate custodian order or facsimile herein described or certified copy of any resolution of the Boardboard or of the Executive Committee of the board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. PAGE 7 The Trust Company agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its the Custodian's or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Company for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustCompany, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Company shall be security thereforetherefor. The Custodian agrees shall maintain a standard of care equivalent to indemnify that which would be required of a bailee for hire and hold harmless Trust shall not be liable for any loss or damage to the Company resulting from all chargesparticipation in a securities depository unless such loss or damage arises by reason of any negligence, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust in connection with the performance of this Agreement, except such as may arise from the Trust's own negligent action, negligent failure to actmisfeasance, or willful misconductmisconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any securities depository or from use of an agent, unless such loss or damage arises by reason of any negligence, misfeasance, or willful misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any agent.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects Such fees shall become effective and begin to terminate this Agreement prior to accrue upon the first anniversary public offering and sale of this Agreement, the Trust agrees to reimburse shares of the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the partiesFund. The Custodian shall not be liable for any action taken for a proper corporate purpose in good faith upon any certificate herein described provided to the custodian by a duly authorized officer or agent of the Company or a certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust Company agrees to indemnify and hold harmless the Custodian and its nominee from all taxes (other than income and similar taxes), charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconductmisconduct or refusal or failure to comply with the terms of this Agreement. The Custodian is authorized to charge any account of the Trust Fund for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustCompany, or in the event that the Custodian or its nominee shall incur or be assessed any taxes (other than income and similar taxes), charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconductmisconduct or refusal or failure to comply with the terms of this Agreement, any property at any time held for the account of the Trust Company shall be security thereforetherefor. The Custodian agrees to indemnify and hold harmless Trust the Company, each controlling person of the Company and their respective directors, trustees and officers (each a "Firstar Indemnitee") from all charges, expenses, assessments, claims, demands, losses, expenses and claims/liabilities (whether with or without basis in fact or law) of any and every nature (including counsel reasonable attorneys' fees) incurred which such Firstar Indemnitee may sustain or assessed incur or which may be asserted against such Firstar Indemnitee by any person as a result of the Trust bad faith, negligence or willful misconduct of the Custodian (or any nominee of the Custodian or any subcustodian) or any refusal or failure of the Custodian (or any such nominee or subcustodian) to comply with the terms of this Agreement in connection with the performance of the Custodian's duties under this Agreement, except such as may arise from . The trustees and shareholders of the Trust's own negligent action, negligent failure to act, Company shall not be personally liable for any of the obligations of the Fund or willful misconductthe Company under this Agreement or in connection with any matter arising under or in connection with this Agreement.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred by or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust for such items. In Custodian agrees to indemnify and hold harmless the event of any advance of cash for any purpose made by the Custodian resulting Trust from orders or instructions of the Trust, or in the event that the Custodian or its nominee shall incur or be assessed any all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incured by or liabilities assessed against it or its nominee in connection with the performance of this Agreement, except as such as may arise from its the Trust's or its nominee's own negligent action, negligent failure to act or willful misconduct, . Custodian acknowledges that it has received notice of and accepts the limitations upon the Trust's liability set forth in Article II of its Declaration of Trust. Custodian agrees that the Trust's obligations hereunder in any property at case shall be limited to the Trust and its assets and that Custodian shall not seek satisfaction of any time held for the account such obligation from any current or former shareholder of the Trust shall be security therefore. The Custodian agrees to indemnify and hold harmless Trust nor from all chargesany current or former Trustee, expensesofficer, assessmentsemployee, and claims/liabilities (including counsel fees) incurred or assessed against the Trust in connection with the performance agent of this Agreement, except such as may arise from the Trust's own negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Fund for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the Trust, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust shall be security thereforetherefor to the extent therefor, and should the Fund fail to repay the Custodian promptly, the Custodian shall be entitled to utilize available cash and to dispose of the Fund's assets to the extent necessary to obtain reimbursement. The Custodian agrees to indemnify and hold harmless the Trust from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against the Trust it in connection with the its performance of this Agreement, except such as may arise from the Trust's own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The For its services hereunder the Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation at such times as may from time to time be agreed upon on in writing between by the two parties. Until modified parties hereto in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this a Custodian Fee Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate custodian order or facsimile herein described described, trade affirmation report, or certified copy of any resolution of the Board or of the Executive Committee of the Board, and may rely on the genuineness of any such document which it may may, in good faith faith, believe to have been validly prepared or executed. The Trust Corporation, on behalf of the Fund, agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its the Custodian's or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Corporation for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustCorporation, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Funds shall be security therefore. The Custodian agrees shall maintain a standard of care equivalent to indemnify that which would be required of a bailee for hire and hold harmless Trust shall not be liable for any loss or damage to the Corporation resulting from all chargesparticipation in a securities depository unless such loss or damage arises by reason of any negligence, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust in connection with the performance of this Agreement, except such as may arise from the Trust's own negligent action, negligent failure to actmisfeasance, or willful misconductmisconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any securities depository or from use of an agent, unless such loss or damage arises by reason of any negligence, misfeasance, or willful misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any agent.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If Notwithstanding anything to the contrary, amounts owed by the Trust elects to terminate this Agreement prior to Custodian shall only be paid out of the first anniversary assets and property of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the partiesparticular Fund involved. The Custodian shall not be liable for any action taken in good faith and without negligence and willful misconduct upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the Trust, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust shall be security thereforetherefor. The Custodian agrees to indemnify and hold harmless the Trust from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreement, except such as may arise from the TrustFund's own bad faith, negligent action, negligent failure to act, or willful misconduct. Custodian is hereby expressly put on notice of the limitation of shareholder liability as set forth in the Trust Instrument of the Trust and agrees that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of such series. Custodian further agrees that it shall not seek satisfaction of any such obligation from the shareholder or any individual shareholder of a series of the Trust, nor from the Trust or any individual Trus of the Trust.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust Funds agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Funds for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustFunds, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Funds shall be security therefore. The Custodian agrees to indemnify and hold harmless Trust Funds from all charges, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreementagreement, except such as may arise from the Trust's Funds' own negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects In addition, Firstar's conversion agreement outlines Tocqueville's consent to terminate this Agreement reimburse Firstar for any unpaid Fundamental invoices prior to the first anniversary of this Agreement, the Trust agrees Fundamental shareholder proxy tabulation including but not limited to reimburse the Custodian for the difference between the standard fee schedule mutual fund services and the discounted fee schedule agreed to between the partiesconversion expenses. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust Fund agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Funds for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustFunds, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Funds shall be security therefore. The Custodian agrees to indemnify and hold harmless Trust the Funds from all charges, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreementagreement, except such as may arise from the Trust's Funds' own negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such Custodian’s compensation shall be as set forth agreed in Exhibit A attached heretowriting from time to time. If In addition, the Custodian will be entitled to receive from the Trust elects to terminate this Agreement prior to on demand reimbursement for cash disbursements, costs and expenses in connection with the first anniversary miscellaneous charges such as postage, insurance and transfer taxes incurred in the transfer of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the partiessecurities. The Custodian shall may not charge such disbursements, costs and expenses against any money held in the name of the Trust. The IBD and the Custodian will not be liable for any action taken in good faith upon any proper instruction, certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such instruction or document which it or they may in good faith believe to have been validly executed. The Trust agrees to indemnify and hold harmless the IBD, Custodian and its nominee nominee, and their respective employees, agents, officers and directors from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against the IBD, Custodian or by the Custodian's ’s nominee in connection with the performance of this Agreement, except such as may arise from its the IBD’s or Custodian’s or its nominee's ’s, or their respective employee’s, agent’s, officer’s or director’s own grossly negligent action, grossly negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the Trust, or in the event that the Custodian or its nominee shall incur incurs or be is assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's ’s own grossly negligent action, grossly negligent failure to act or willful misconduct, any property at any time held for the account of the Trust shall will be security therefore. The Custodian agrees shall not be obligated to indemnify and hold harmless Trust from all charges, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust in connection with the performance of this Agreement, except such as may arise from the Trust's own negligent action, negligent failure to act, or willful misconductmake any advance hereunder.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If Notwithstanding anything to the contrary, amounts owed by the Trust elects to terminate this Agreement prior to Custodian shall only be paid out of the first anniversary assets and property of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the partiesparticular Fund involved. The Custodian shall not be liable for any action taken in good faith and without negligence and willful misconduct upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the Trust, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust shall be security thereforetherefor. The Custodian agrees to indemnify and hold harmless the Trust from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreement, except such as may arise from the TrustFund's own bad faith, negligent action, negligent failure to act, or willful misconduct. Custodian is hereby expressly put on notice of the limitation of shareholder liability as set forth in the Trust Instrument of the Trust and agrees that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of such series. Custodian further agrees that it shall not seek satisfaction of any such obligation from the shareholder or any individual shareholder of a series of the Trust, nor from the Trustees or any individual Trustee of the Trust.

CONCERNING CUSTODIAN. The For its services hereunder the Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation at such times as may from time to time be agreed upon on in writing between by the two parties. Until modified parties hereto in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this a Custodian Fee Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate custodian order or facsimile herein described or certified copy of any resolution of the Board or of the Executive Committee of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its the Custodian's or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the Trust, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust shall be security thereforetherefor. The Custodian agrees shall maintain a standard of care equivalent to indemnify that which would be required of a bailee for hire and hold harmless Trust from all charges, expenses, assessments, and claims/liabilities (including counsel fees) incurred shall not be liable for any loss or assessed against damage to the Trust resulting from participation in connection with the performance a securities depository unless such loss or damage arises by reason of this Agreementany negligence, except such as may arise from the Trust's own negligent action, negligent failure to actmisfeasance, or willful misconductmisconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against PAGE 8 any securities depository or from use of an agent, unless such loss or damage arises by reason of any negligence, misfeasance, or willful misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any agent.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior Notwithstanding anything to the first anniversary contrary, amounts owed by the Company to FBM shall only be paid out of this Agreement, the Trust agrees to reimburse assets and property of the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the partiesparticular Fund involved. The Custodian shall not be liable for any action taken in good faith and without negligence and willful misconduct upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust Company agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the Trust, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconductCompany, any property at any time held for the account of the Trust Company shall be security thereforetherefor. The Custodian agrees to indemnify and hold harmless Trust the Company from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreement, except such as may arise from the TrustFund's own bad faith, negligent action, negligent failure to act, or willful misconduct. FBM is hereby expressly put on notice of the limitation of shareholder liability as set forth in the Company Instrument of the Company and agrees that obligations assumed by the Company pursuant to this Agreement shall be limited in all cases to the Company and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of such series. FBM further agrees that it shall not seek satisfaction of any such obligation from the shareholder or any individual shareholder of a series of the Company, nor from the Company or any individual Company of the Company.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust agrees Funds agree to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Funds for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustFunds, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Funds shall be security therefore. The Custodian agrees to indemnify and hold harmless Trust Funds from all charges, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreement, except such as may arise from the Trust's Funds' own negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If Notwithstanding anything to the contrary, amounts owed by the Trust elects to terminate this Agreement prior to Custodian shall only be paid out of the first anniversary assets and property of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the partiesparticular Fund involved. The Custodian shall not be liable for any action taken in good faith and without negligence and willful misconduct upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the Trust, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust shall be security thereforetherefor. The Custodian agrees to indemnify and hold harmless the Trust from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreement, except such as may arise from the TrustFund's own bad faith, negligent action, negligent failure to act, or willful misconduct. Custodian is hereby expressly put on notice of the limitation of shareholder liability as set forth in the Trust Instrument of the Trust and agrees that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of such series. Custodian further agrees that it shall not seek satisfaction of any such obligation from the shareholder or any individual shareholder of a series of the Trust, nor from the Trust or any individual Trust of the Trust.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If Notwithstanding anything to the contrary, amounts owed by the Trust elects to terminate this Agreement prior to the first anniversary Bank shall only be paid out of this Agreement, the Trust agrees to reimburse assets and property of the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the partiesparticular Fund involved. The Custodian shall not be liable for any action taken in good faith and without negligence and willful misconduct upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the Trust, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust shall be security thereforetherefor. The Custodian agrees to indemnify and hold harmless the Trust from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreement, except such as may arise from the TrustFund's own bad faith, negligent action, negligent failure to act, or willful misconduct. The Bank is hereby expressly put on notice of the limitation of shareholder liability as set forth in the Trust Instrument of the Trust and agrees that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of such series. The Bank further agrees that it shall not seek satisfaction of any such obligation from the shareholder or any individual shareholder of a series of the Trust, nor from the Trustees or any individual Trustee of the Trust.

CONCERNING CUSTODIAN. The For its services hereunder the Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation at such times as may from time to time be agreed upon on in writing between by the two parties. Until modified parties hereto in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this a Custodian Fee Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate custodian order or facsimile herein described or certified copy of any resolution of the Boardboard or of the Executive Committee of the board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust Company agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its the Custodian's or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Company for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustCompany, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Company shall be security thereforetherefor. The Custodian agrees shall maintain a standard of care equivalent to indemnify that which would be required of a bailee for hire and hold harmless Trust shall not be liable for any loss or damage to the Company resulting from all chargesparticipation in a securities depository unless such loss or damage arises by reason of any negligence, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust in connection with the performance of this Agreement, except such as may arise from the Trust's own negligent action, negligent failure to actmisfeasance, or willful misconductPAGE 8 misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any securities depository or from use of an agent, unless such loss or damage arises by reason of any negligence, misfeasance, or willful misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any agent.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust Fund elects to terminate this Agreement prior to the first anniversary of this Agreement, the Trust Fund agrees to reimburse the Custodian Agent for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust agrees Funds agree to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Funds for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustFunds, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Funds shall be security therefore. The It is understood, however, that assets of one portfolio shall not be security for the obligations of another portfolio. Custodian agrees to indemnify and hold harmless Trust Funds from all charges, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreementagreement, except such as may arise from the Trust's Funds' own negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the Trust, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for . Assets in the account amount of the Trust taxes, charges, expenses, assessments, claims, or liabilities shall be security thereforespecifically identified and segregated as collateral for these enumerated items as agreed upon by the Trust and Custodian. The Custodian agrees to indemnify and hold harmless Trust from all charges, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreement, except such as may arise from the Trust's own negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. Custodian shall use reasonable care in providing services to the Fund pursuant to this Agreement. The Trust Fund agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Fund for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustFund, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Fund shall be security therefore. The Custodian agrees to indemnify and hold harmless Trust the Fund or their nominees from all charges, expenses, assessments, claims and claims/liabilities (including counsel fees) incurred or assessed against the Trust fund or their nominees in connection with the performance of this Agreementagreement, except such as may arise from the Trust's Fund's, or their nominees own negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The For its services hereunder the Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation at such times as may from time to time be agreed upon on in writing between by the two parties. Until modified parties hereto in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this a Custodian Fee Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate custodian order or facsimile herein described or certified copy of any resolution of the Board or of the Executive Committee of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust Fund agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its the Custodian's or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Fund for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustFund, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Fund shall be security thereforetherefor. The Custodian agrees shall maintain a standard of care equivalent to indemnify that which would be required of a bailee for hire and hold harmless Trust shall not be liable for any loss or damage to the Fund resulting from all chargesparticipation in a securities depository unless such loss or damage arises by reason of any negligence, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust in connection with the performance of this Agreement, except such as may arise from the Trust's own negligent action, negligent failure to actmisfeasance, or willful misconductmisconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any securities depository or from use of an agent, unless such loss or damage arises by reason of any negligence, misfeasance, or willful misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any agent.

CONCERNING CUSTODIAN. The For its services hereunder the Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation at such times as may from time to time be agreed upon on in writing between by the two parties. Until modified parties hereto in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this a Custodian Fee Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate custodian order or facsimile herein described described, trade affirmation report, or certified copy of any resolution of the Board or of the Executive Committee of the Board, and may rely on the genuineness of any such document which it may may, in good faith faith, believe to have been validly prepared or executed. The Trust Corporation, on behalf of the Funds, agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its the Custodian's or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Corporation for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustCorporation, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Fund shall be security therefore. The Custodian agrees shall maintain a standard of care equivalent to indemnify that which would be required of a bailee for hire and hold harmless Trust shall not be liable for any loss or damage to the Corporation resulting from all chargesparticipation in a securities depository unless such loss or damage arises by reason of any negligence, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust in connection with the performance of this Agreement, except such as may arise from the Trust's own negligent action, negligent failure to actmisfeasance, or willful misconductmisconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any securities depository or from use of an agent, unless such loss or damage arises by reason of any negligence, misfeasance, or willful misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any agent.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate terminates this Agreement prior to the first second anniversary of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or by its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the Trust, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust shall be security therefore. The Custodian agrees to indemnify and hold harmless Trust from all charges, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreementagreement, except such as may arise from the Trust's own negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust Fund agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Fund for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustFund, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Fund shall be security therefore. The Custodian agrees to indemnify and hold harmless Trust the Fund from all charges, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreement, except such as may arise from the TrustFund's own negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust Fund agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian agrees to indemnify and hold harmless the Fund from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from its own negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Trust Fund for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustFund, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Fund shall be security therefore. The Custodian agrees to indemnify and hold harmless Trust from all charges, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust in connection with the performance of this Agreement, except such as may arise from the Trust's own negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith and without negligence and willful misconduct upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust Company agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust relevant Series of the Company for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustCompany, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Company shall be security thereforetherefor. The Custodian agrees to indemnify and hold harmless Trust the Company from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreement, except such as may arise from the TrustFund's own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust Fund elects to terminate this Agreement prior to the first anniversary of this AgreementAgrement, the Trust Fund agrees to reimburse the Custodian Agent for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The parties Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Trust Funds agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against the Custodian it or by the Custodian's its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Trust Funds for such itemssuchitems. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the TrustFunds, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Trust Funds shall be security therefore. The Custodian agrees to indemnify and hold harmless Trust the Funds from all charges, expenses, assessments, and claims/liabilities (including counsel fees) incurred or assessed against the Trust it in connection with the performance of this Agreementagreement, except such as may arise from the Trust's Funds' own negligent action, negligent failure to act, or willful misconduct.