INDIRECT/SPECIAL/CONSEQUENTIAL DAMAGES. Notwithstanding any other provision set forth herein, in no event shall the Custodian be liable for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, lost profits) with respect to the services provided pursuant to this Agreement, regardless of whether either party has been advised of the possibility of such damages.
Appears in 66 contracts
Samples: Custodian Agreement (Partners Group Private Income Opportunities, LLC), Master Custodian Agreement (Rivernorth Opportunities Fund, Inc.), Master Custodian Agreement (Arbitrage Funds)
INDIRECT/SPECIAL/CONSEQUENTIAL DAMAGES. Notwithstanding any other provision set forth herein, in no event shall the Custodian or a Fund be liable for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, lost profits) with respect to the services provided pursuant to this Agreement, regardless of whether either party has been advised of the possibility of such damages.
Appears in 3 contracts
Samples: Master Custodian Agreement (VanEck Bitcoin Trust), Master Custodian Agreement (Harbor ETF Trust), Master Custodian Agreement (VanEck Vectors ETF Trust)
INDIRECT/SPECIAL/CONSEQUENTIAL DAMAGES. Notwithstanding any other provision set forth herein, in no event shall the Custodian any party hereto be liable for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, lost profits) with respect to the services provided pursuant to this Agreement, regardless of whether either party has been advised of the possibility of such damages.
Appears in 2 contracts
Samples: Master Custodian Agreement (Calamos-Avenue Opportunities Fund), Master Custodian Agreement (OFI Carlyle Private Credit Fund)
INDIRECT/SPECIAL/CONSEQUENTIAL DAMAGES. Notwithstanding any other provision set forth herein, in no event shall the Custodian or the Fund be liable for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, lost profits) with respect to the services provided pursuant to this Agreement, regardless of whether either party has been advised of the possibility of such damages.
Appears in 2 contracts
Samples: Custodian Agreement (Cliffwater Enhanced Lending Fund), Custodian Agreement (Cliffwater Enhanced Lending Fund)
INDIRECT/SPECIAL/CONSEQUENTIAL DAMAGES. Notwithstanding any other provision set forth herein, in no event shall the Custodian be liable for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, lost profits) with respect to the services provided pursuant to this Agreement, regardless of whether either party the Custodian has been advised of the possibility of such damages.
Appears in 1 contract
Samples: Custodian Agreement (Steadfast Alcentra Global Credit Fund)
