Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful default, or fraud of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 30 contracts
Sources: Custody Agreement (Strategic Trust), Custodian Agreement (New Mountain Private Credit Fund), Custody Agreement (Diamond Hill Securitized Credit Fund)
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful defaultmisconduct, bad faith or fraud of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 8 contracts
Sources: Custody Agreement (Lincoln Partners Group Royalty Fund), Custody Agreement (Lincoln Bain Capital Total Credit Fund), Custody Agreement (GoldenTree Opportunistic Credit Fund)
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful default, or fraud of the Custodian in the performance of its obligations under set out in this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 4 contracts
Sources: Custody Agreement (TCW Metropolitan West Funds), Custody Agreement (TCW Private Asset Income Fund), Custody Agreement (TCW ETF Trust)
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful defaultmisconduct, or fraud of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 3 contracts
Sources: Custody Agreement (Crestline Lending Solutions, LLC), Custody Agreement (Vista Credit Strategic Lending Corp.), Custody Agreement (DriveWealth ETF Trust)
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful defaultmisconduct, or fraud of the Custodian in the performance of its obligations under this Agreement. The parties Parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 3 contracts
Sources: Custody Agreement (Lord Abbett Private Credit Fund S), Custody Agreement (Lord Abbett Flexible Income Fund), Custody Agreement (Lord Abbett Private Credit Fund)
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful defaultwillful malfeasance, or fraud bad faith of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 3 contracts
Sources: Custody Agreement (MassMutual Access Pine Point Fund), Custody Agreement (MassMutual Access Pine Point Fund), Custody Agreement (MassMutual Access Pine Point Fund)
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful default, bad faith or fraud of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 2 contracts
Sources: Custody Agreement (Adams Street Private Equity Navigator Fund LLC), Custody Agreement (Adams Street Private Equity Navigator Fund LLC)
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful default, reckless disregard or fraud of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 2 contracts
Sources: Custody Agreement (Calamos Aksia Hedged Strategies Fund), Custody Agreement (Calamos Aksia Private Equity & Alternatives Fund)
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful default, or fraud of the Custodian Custodian, its officers, Delegates or employees in the performance of its obligations under this Agreement. The parties Parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 2 contracts
Sources: Custody Agreement (Columbia Funds Variable Series Trust II), Custody Agreement (Columbia ETF Trust I)
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful defaultmisconduct, bad faith, default or fraud of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above17.1.
Appears in 2 contracts
Sources: Custody Agreement (PennantPark Private Income Fund), Custody Agreement (PennantPark Enhanced Income Fund)
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful default, or fraud of the Custodian in the performance of its obligations under this Agreement. The parties Parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 2 contracts
Sources: Custody Agreement (Coatue Innovation Fund), Master Custody Agreement (Blue Owl Alternative Credit Fund)
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client Trust to the extent such Losses are caused by the negligence, wilful default, or fraud of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 2 contracts
Sources: Custody Agreement (Litman Gregory Funds Trust), Custody Agreement (Litman Gregory Funds Trust)
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful willful default, or fraud of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 1 contract
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful willful default, or fraud of the Custodian in the performance of its obligations under this Agreement. The parties agree that “"negligence” " will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 1 contract
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful defaultwillful misconduct, bad faith or fraud of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 1 contract
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful defaultmisconduct, fraud or fraud bad faith of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 1 contract
Sources: Custody Agreement (HarbourVest Private Investments Fund)
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Information Classification: Limited Access Losses are caused by the negligence, wilful defaultmisconduct, or fraud bad faith of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 1 contract
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful defaultmisconduct, bad faith, or fraud of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 1 contract
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful default, wilful misconduct, fraud or fraud bad faith of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 1 contract
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful defaultdefault or malfeasance, bad faith, or fraud of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 1 contract
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful default, fraud or fraud bad faith of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 1 contract
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful defaultwillful misconduct, fraud or fraud bad faith of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.
Appears in 1 contract
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful default, or fraud of the Custodian in the performance of its obligations under this Agreement. The parties agree that “negligence” will mean a breach by the Custodian of its obligation to exercise the standard of care described in Section 17.1 above.. Information Classification: Limited Access
Appears in 1 contract
Liability for Losses. Subject to the limitations and exclusions of liability in this Agreement, the Custodian will be liable for Losses suffered or incurred by the Client to the extent such Losses are caused by the negligence, wilful default, fraud or fraud bad faith of the Custodian in the performance of its obligations under this Agreement. The parties agree that “"negligence” will mean a breach by the Custodian of its obligation Obligation to exercise the standard Standard of care described in Section 17.1 above.
Appears in 1 contract
Sources: Custody Agreement (Partners Group Next Generation Infrastructure LLC)