Common use of Failure of Third Parties Clause in Contracts

Failure of Third Parties. The Custodian shall not be liable for any loss, claim, damage or other liability arising from the failure of any third party (other than a Subcustodian or Agent, the Custodian’s responsibility for which is expressly covered under other terms of this Agreement) including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, third party foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The Custodian shall not be liable for any loss, claim, damage or other liability arising from the failure of any third party (other than a Subcustodian or Agent, the Custodian’s responsibility for which is expressly covered under other terms of this Agreement) including: (a) any issuer of Investments or Book-Book- Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, third party foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The Custodian shall not be liable for any loss, claim, damage or other liability arising from the failure of any third party (other than a Subcustodian or Agent, the Custodian’s responsibility for which is expressly covered under other terms of this Agreement) including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, third party foreign custody manager or other agent of the FundFund ; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The Custodian shall not be liable for any loss, claim, damage or other liability arising from the failure of any third party (other than a Subcustodian or Agent, the Custodian’s responsibility for which is expressly covered under other terms of this Agreement) including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, third party foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.