General Standard of Care. The Custodian shall exercise reasonable care and diligence in carrying out all of its duties and obligations under this Agreement, and shall be liable to the Fund for all loss, damage and expense suffered or incurred by the Fund resulting from the failure of the Custodian to exercise such reasonable care and diligence.
Appears in 77 contracts
Samples: Custodian Agreement (W&r Target Funds Inc), Custodian Agreement (Ivy Funds Inc), Custodian Agreement (Waddell & Reed Advisors Select Funds Inc)
General Standard of Care. The Custodian shall exercise reasonable care and diligence in carrying out all of its duties and obligations under this Agreement, and shall be liable to the Fund Funds for all loss, damage and expense incurred or suffered or incurred by the Fund Funds, resulting from the failure of the Custodian to exercise such reasonable care and diligencediligence or from any other breach by the Custodian of the terms of this Agreement.
Appears in 71 contracts
Samples: Custody Agreement (Variable Insurance Products Fund Iv), Custody Agreement (Variable Insurance Products Fund), Custody Agreement (Fidelity Investment Trust)
General Standard of Care. The Custodian shall exercise reasonable care care, prudence and diligence in carrying out all of its duties and obligations under this Agreement, and shall be liable to the each Fund for all losslosses, damage damages and expense expenses suffered or incurred by the such Fund or its Portfolio(s) resulting from the failure of the Custodian to exercise such reasonable care and diligence.
Appears in 50 contracts
Samples: Custodian Agreement (Fidelity Advisor Series Vii), Custodian Agreement (Variable Insurance Products Fund Iv), Custodian Agreement (Fidelity Income Fund /Ma/)
General Standard of Care. The Custodian shall exercise reasonable care care, prudence and diligence in carrying out all of its duties and obligations under this AgreementAgreement (or such higher standard, if any, under Rule 17f-4), and shall be liable to the each Fund for all losslosses, damage damages and expense expenses suffered or incurred by the such Fund or its Portfolio(s) resulting from the failure of the Custodian to exercise such reasonable care and diligencediligence (or to comport with such higher standard of care under Rule 17f-4, if any).
Appears in 41 contracts
Samples: Custodian Agreement (Fidelity Rutland Square Trust II), Custodian Agreement (Fidelity Commonwealth Trust II), Custodian Agreement (Fidelity Greenwood Street Trust)
General Standard of Care. The Custodian shall exercise reasonable care and diligence in carrying out all of its duties and obligations under this Agreement, and shall be liable to the each Fund for all loss, damage and expense suffered or incurred by the such Fund or its Portfolios resulting from the failure of the Custodian to exercise such reasonable care and diligence.. (b)
Appears in 41 contracts
Samples: Custodian Agreement (Fidelity Revere Street Trust), Custodian Agreement (Fidelity Revere Street Trust), Custodian Agreement (Colchester Street Trust)
General Standard of Care. The Custodian shall exercise reasonable care and diligence in carrying out all of its duties and obligations under this Agreement, and shall be liable to the each Fund for all loss, damage and expense suffered or incurred by the such Fund or its Portfolios resulting from the failure of the Custodian to exercise such reasonable care and diligence.
Appears in 33 contracts
Samples: Custodian Agreement (Fidelity Select Portfolios), Custodian Agreement (Fidelity Beacon Street Trust), Custodian Agreement (Fidelity Devonshire Trust)
General Standard of Care. The Custodian shall exercise reasonable care and diligence in carrying out all of its duties and obligations under this Agreement, and shall be liable to the Fund Funds for all loss, damage and expense incurred or suffered or incurred by the Fund Funds, resulting from the failure of the Custodian to exercise such reasonable care and diligence.diligence or from any other breach by the Custodian of the terms of this Agreement. (b)
Appears in 31 contracts
Samples: Custody Agreement (Fidelity School Street Trust/), Custody Agreement (Fidelity Capital Trust), Custody Agreement (Fidelity Capital Trust)
General Standard of Care. The Custodian shall exercise reasonable care and diligence in carrying out all of its duties and obligations under this Agreement, and shall be liable to the Fund for all loss, damage and expense Losses suffered or incurred by the Fund resulting from the failure of the Custodian to exercise such reasonable care and diligence. For purposes of this Agreement, "Losses" means any losses, damages, and expenses.
Appears in 17 contracts
Samples: Custodian Agreement (DWS Advisor Funds), Custodian Agreement (Investors Fund Series), Custodian Agreement (Scudder Target Equity Fund)
General Standard of Care. The Custodian shall exercise reasonable care and diligence in carrying out all of its duties and obligations under this AgreementContract, and shall be liable to the Fund on behalf of the applicable Portfolio(s), for all loss, damage and expense suffered or incurred by the Fund such Portfolio resulting from the failure of the Custodian to exercise such reasonable care and diligence.
Appears in 3 contracts
Samples: Custodian Contract (Tiaa Cref Mutual Fund), Custodian Contract (Tiaa Cref Life Fund), Tiaa Cref Institutional Mutual Funds
General Standard of Care. The Custodian shall exercise reasonable care and diligence in carrying out all of its duties and obligations under this Agreement, and shall be liable to the Fund for all loss, damage and expense suffered or incurred by the Fund or the Portfolios resulting from the failure of the Custodian to exercise such reasonable care and diligence.
Appears in 3 contracts
Samples: Custodian Agreement (Fidelity Advisor Series I), Custodian Agreement (North Carolina Capital Management Trust), Custodian Agreement (Fidelity Aberdeen Street Trust)
General Standard of Care. The Custodian shall exercise reasonable care and diligence in carrying out all of its duties and obligations under this Agreement, and shall be liable to the Fund for all loss, damage and expense suffered or incurred by the Fund resulting from the failure of the Custodian to exercise such reasonable care and diligence.. (b)
Appears in 2 contracts
Samples: Custodian Agreement (United Tax Managed Equity Fund Inc), Custodian Agreement (United Cash Management Inc)
General Standard of Care. The Custodian shall exercise diligence, prudence and reasonable care and diligence in carrying out all of its duties and obligations under this Agreement, and shall be liable to the each Fund for all lossdirect losses, damage damages and expense expenses suffered or incurred by the such Fund or its Portfolio(s) resulting from the failure of the Custodian to exercise such diligence, prudence and reasonable care and diligencecare. In no event shall any party hereto be liable for indirect, special or consequential losses, damages or expenses.
Appears in 2 contracts
Samples: Custodian Agreement (MFS Series Trust I), Custodian Agreement (MFS Series Trust XII)
General Standard of Care. The Custodian shall exercise reasonable care care, prudence and diligence in carrying out all of its duties and obligations under this AgreementAgreement (or such higher standard, if any, under Rule 17f 4), and shall be liable to the each Fund for all losslosses, damage damages and expense expenses suffered or incurred by the such Fund or its Portfolio(s) resulting from the failure of the Custodian to exercise such reasonable care and diligencediligence (or to comport with such higher standard of care under Rule 17f-4, if any).
Appears in 2 contracts
Samples: Custodian Agreement (Fidelity Commonwealth Trust II), Custodian Agreement (Fidelity Rutland Square Trust II)
General Standard of Care. The Custodian shall exercise reasonable care and diligence in carrying out all of its duties and obligations under this Agreement, and shall be liable to the Fund for all loss, damage and expense suffered or incurred by the Fund resulting from the failure of the Custodian to exercise such reasonable care and diligence.Losses
Appears in 2 contracts
Samples: Custodian Agreement (DWS Institutional Funds), Custodian Agreement (DWS Securities Trust)
General Standard of Care. The Custodian shall exercise reasonable care care, prudence and diligence in carrying out all of its duties and obligations under this Agreement, and shall be liable to the Fund for all losslosses, damage damages and expense expenses suffered or incurred by the Fund or its Portfolio(s) resulting from the failure of the Custodian to exercise such reasonable care and diligence.
Appears in 2 contracts
Samples: Custodian Agreement (Fidelity Rutland Square Trust), Custodian Agreement (Fidelity Rutland Square Trust)
General Standard of Care. The Custodian shall exercise reasonable care and diligence in carrying out all of its duties and obligations under this Agreement, and shall be liable to the Fund for all loss, damage and expense suffered or incurred by the Fund or its Portfolios resulting from the failure of the Custodian to exercise such reasonable care and diligence. Notwithstanding the foregoing, under no circumstances shall the Custodian be liable to the Fund or its Portfolios for consequential, special or incidental damages.
Appears in 1 contract
Samples: Custodian Agreement (Pilot Funds)
General Standard of Care. The Custodian shall exercise diligence, prudence and reasonable care and diligence in carrying out all of its duties and obligations under this Agreement, and shall be liable to the each Fund for all losslosses, damage damages and expense expenses (including, but not limited to, attorneys' fees and costs) suffered or incurred by the such Fund or its Portfolio(s) resulting from the failure of the Custodian to exercise such diligence, prudence and reasonable care and diligencecare.
Appears in 1 contract
General Standard of Care. The Custodian shall exercise reasonable care care, prudence and diligence in carrying out all of its duties and obligations under this Agreement, and shall be liable to the each Fund for all losslosses, damage damages and expense expenses suffered or incurred by the Fund or its Portfolio(s) resulting from the failure of the Custodian to exercise such reasonable care and diligence.
Appears in 1 contract
Samples: Custodian Agreement (Japan Fund Inc)
General Standard of Care. The Custodian shall exercise reasonable care and diligence in carrying out all of its duties and obligations under this Agreement, and shall be liable to the Fund for all loss, damage and expense Losses suffered or incurred by the Fund resulting from the failure of the Custodian to exercise such reasonable care and diligence.. For purposes of this Agreement, "Losses" means any losses, damages, and expenses. (b)
Appears in 1 contract
Samples: Custodian Agreement (Latin America Dollar Income Fund Inc)
General Standard of Care. The Custodian shall exercise reasonable care and diligence in carrying out all of its duties and obligations under this Agreement, and shall be liable to the a Fund for all losslosses, damage damages and expense reasonable costs and expenses (including but not limited to reasonable attorneys fees) suffered or incurred by the such Fund resulting from the failure of the Custodian to exercise such reasonable care and diligence; provided, however, in no event shall the Custodian be liable for consequential damages.
Appears in 1 contract