Common use of CONCERNING CUSTODIAN Clause in Contracts

CONCERNING CUSTODIAN. 1. (a) Except as otherwise expressly provided herein, Custodian shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, costs and expenses (collectively, "Losses"), incurred by or asserted against Customer, except those Losses arising out of the gross negligence, fraud or willful misconduct of Custodian or Custodian’s willful breach of this Agreement. Custodian shall have no liability whatsoever for the action or inaction of any Depository or issuer of Securities. Custodian agrees that it shall conduct ongoing monitoring of any Subcustodian appointed. Subject to Section 1(b) below, Xxxxxxxxx's responsibility with respect to any Securities or cash held by a Subcustodian is limited to the failure on the part of Custodian to exercise reasonable care in the selection, oversight or retention of such Subcustodian in light of prevailing settlement and securities handling practices, procedures and controls in the relevant market. With respect to any Losses incurred by Customer as a result of the acts or the failure to act by any Subcustodian (other than a BNYM Affiliate), Custodian shall take appropriate action to recover such Losses from such Subcustodian; and Custodian's sole responsibility and liability to Customer shall be limited to amounts so received from such Subcustodian (exclusive of costs and expenses incurred by Custodian). In no event shall Custodian be liable to Customer or any third party for special, indirect, punitive or consequential damages, or lost profits or loss of business, arising in connection with this Agreement.

CONCERNING CUSTODIAN. 1. (a) Except as otherwise expressly provided herein, Custodian shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, costs and expenses fees (collectively, "Losses"), incurred by or asserted against the Trust or a Customer, except those Losses arising out of the gross negligence, fraud negligence or willful misconduct of Custodian or Custodian’s willful breach of this Agreement. Custodian shall have no liability whatsoever for the action or inaction of any Depository or issuer of Securities. Custodian agrees that it shall conduct ongoing monitoring of any Subcustodian appointed. Subject to Section 1(b) below, XxxxxxxxxCustodian's responsibility with respect to any Securities or cash held by a Subcustodian is limited to the failure on the part of Custodian to exercise reasonable care in the selection, oversight selection or retention of such Subcustodian in light of prevailing settlement and securities handling practices, procedures and controls in the relevant market. With respect to any Losses incurred by the Trust or a Customer as a result of the acts or the failure to act by any Subcustodian (other than a BNYM BNY Affiliate), Custodian shall take appropriate action to recover such Losses from such Subcustodian; and, provided that Custodian has exercised reasonable care in the selection and retention of such Subcustodian as provided for in the preceding sentence, Custodian's sole responsibility and liability to Customer shall be limited to amounts so received from such Subcustodian (exclusive of costs and expenses incurred by Custodian). In no event shall Custodian be liable to Customer or any third party for special, indirect, punitive indirect or consequential damages, or lost profits or loss of business, arising in connection with this Agreement.

CONCERNING CUSTODIAN. 1. (a) Except as otherwise expressly provided herein, Custodian shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, costs and expenses fees (collectively, "Losses"), incurred by or asserted against Customerthe Fund, except those Losses arising out of the gross negligence, fraud Custodian's own negligence or willful misconduct of Custodian or Custodian’s willful breach of this Agreementmisconduct. Custodian shall have no liability whatsoever for the action or inaction of any Depository Depositories, or, except to the extent such action or issuer inaction is a direct result of Securities. Custodian agrees that it shall conduct ongoing monitoring the Custodian's failure to fulfill its duties hereunder, of any Subcustodian appointed. Subject to Section 1(b) below, Xxxxxxxxx's responsibility with respect to any Securities or cash held by a Subcustodian is limited to the failure on the part of Custodian to exercise reasonable care in the selection, oversight or retention of such Subcustodian in light of prevailing settlement and securities handling practices, procedures and controls in the relevant marketForeign Depositories. With respect to any Losses incurred by Customer the Fund as a result of the acts or the failure any failures to act by any Subcustodian (other than a BNYM BNY Affiliate), Custodian shall take appropriate action to recover such Losses from such Subcustodian; and Custodian's sole responsibility and liability to Customer the Fund shall be limited to amounts so received from such Subcustodian (exclusive of costs and expenses incurred by Custodian). In no event shall Custodian be liable to Customer the Fund or any third party for special, indirect, punitive indirect or consequential damages, or lost profits or loss of business, arising in connection with this Agreement., nor shall BNY or any Subcustodian be liable: (I) for acting in accordance with any Certificate or Oral Instructions actually received by Custodian and reasonably believed by Custodian to be given by an Authorized Person; (II) for acting in accordance with Instructions without reviewing the same;

CONCERNING CUSTODIAN. 1. (a) Except as otherwise expressly provided herein, Custodian shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, costs and expenses fees (collectively, "Losses"), incurred by or asserted against Customerthe Fund, except those Losses arising out of the gross negligence, fraud Custodian's own negligence or willful misconduct of Custodian or Custodian’s willful breach of this Agreementmisconduct. Custodian shall have no liability whatsoever for the action or inaction of any Depository Depositories or issuer of Securities. Custodian agrees that it shall conduct ongoing monitoring of any Subcustodian appointed. Subject to Section 1(b) belowForeign Depositories, Xxxxxxxxx's responsibility with respect to any Securities or cash held by a Subcustodian is limited except in each case to the extent such action or inaction is a direct result of the Custodian's failure on the part of Custodian to exercise reasonable care in the selection, oversight or retention of such Subcustodian in light of prevailing settlement and securities handling practices, procedures and controls in the relevant marketfulfill its duties hereunder. With respect to any Losses incurred by Customer the Fund as a result of the acts or the failure any failures to act by any Subcustodian (other than a BNYM BNY Affiliate), Custodian shall take appropriate action to recover such Losses from such Subcustodian; and Custodian's sole responsibility and liability to Customer the Fund shall be limited to amounts so received from such Subcustodian (exclusive of costs and expenses incurred by Custodian). In no event shall Custodian be liable to Customer the Fund or any third party for special, indirect, punitive indirect or consequential damages, or lost profits or loss of business, arising in connection with this Agreement., nor shall BNY or any Subcustodian be liable: (i) for acting in accordance with any Certificate or Oral Instructions actually received by Custodian and reasonably believed by Custodian to be given by an Authorized Person; (ii) for acting in accordance with Instructions without reviewing the same;

CONCERNING CUSTODIAN. 1. (a) Except as otherwise expressly provided herein, Custodian shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, costs and expenses fees (collectively, "Losses"), incurred by or asserted against Customerthe Fund, except those Losses arising out of the gross negligence, fraud Custodian's own negligence or willful misconduct of Custodian or Custodian’s willful breach of this Agreementmisconduct. Custodian shall have no liability whatsoever for the action or inaction of any Depository Depositories, or, except to the extent such action or issuer inaction is a direct result of Securities. Custodian agrees that it shall conduct ongoing monitoring the Custodian's failure to fulfill its duties hereunder, of any Subcustodian appointed. Subject to Section 1(b) below, Xxxxxxxxx's responsibility with respect to any Securities or cash held by a Subcustodian is limited to the failure on the part of Custodian to exercise reasonable care in the selection, oversight or retention of such Subcustodian in light of prevailing settlement and securities handling practices, procedures and controls in the relevant marketForeign Depositories. With respect to any Losses incurred by Customer the Fund as a result of the acts or the failure any failures to act by any Subcustodian (other than a BNYM BNY Affiliate), Custodian shall take appropriate action to recover such Losses from such Subcustodian; and Custodian's sole responsibility and liability to Customer the Fund shall be limited to amounts so received from such Subcustodian (exclusive of costs and expenses incurred by Custodian). In no event shall Custodian be liable to Customer the Fund or any third party for special, indirect, punitive indirect or consequential damages, or lost profits or loss of business, arising in connection with this Agreement., nor shall BNY or any Subcustodian be liable: (i) for acting in accordance with any Certificate or Oral Instructions actually received by Custodian and reasonably believed by Custodian to be given by an Authorized Person; (ii) for acting in accordance with Instructions without reviewing the same;