Common use of LIMITATION OF LIABILITY OF CUSTODIAN Clause in Contracts

LIMITATION OF LIABILITY OF CUSTODIAN. A. Custodian shall hold harmless and indemnify Fund from and against any loss or liability arising out of Custodian's negligence or bad faith. Custodian shall not be liable for consequential damages, special, or punitive damages. Custodian may request and obtain the advice and opinion of counsel for Fund, or of its own counsel with respect to questions or matters of law, and it shall be without liability to Fund for any action taken or omitted by it in good faith, in conformity with such advice or opinion. If Custodian reasonably believes that it could not prudently act according to the instructions of the Fund or the Fund's counsel, it may in its discretion, with notice to the Fund, not act according to such instructions.

Appears in 10 contracts

Samples: Custody Agreement (Composite Income Fund Inc), Custody Agreement (Composite Equity Series Inc), Custody Agreement (Composite United States Government Securities Inc)

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LIMITATION OF LIABILITY OF CUSTODIAN. A. Custodian shall hold harmless and indemnify Fund from and against any loss or liability arising out of Custodian's failure to comply with the terms of this Agreement or arising out of Custodian's negligence or bad faith. Custodian shall not be liable for consequential damages, special, or punitive damages. Custodian may request and obtain the advice and opinion of counsel for Fund, or of its own counsel with respect to questions or matters of law, and it shall be without liability to Fund for any action taken or omitted by it in good faith, in conformity with such advice or opinion. If Custodian reasonably believes that it could not prudently act according to the instructions of the Fund or the Fund's counsel, it may in its discretion, with notice to the Fund, not act according to such instructions.

Appears in 7 contracts

Samples: Custody Agreement (Seligman Frontier Fund Inc), Exhibit 8 (Seligman Growth Fund Inc), Custody Agreement (Seligman High Income Fund Series)

LIMITATION OF LIABILITY OF CUSTODIAN. A. Custodian shall hold harmless and indemnify Fund from and against any loss or liability arising out of Custodian's failure to comply with the terms of this Agreement or arising out of Custodian's negligence or bad faith. Custodian shall not be liable for consequential damages, special, or punitive damages. Custodian may request and obtain the advice and opinion of counsel for Fund, or of its own counsel with respect to questions or matters of law, and it shall be without liability to Fund for any action taken or omitted by it in good faith, in conformity with such advice or opinion. If Custodian reasonably believes that it could not prudently act according to the instructions of the Fund or the Fund's counsel, it may in its discretion, with notice to the Fund, not act according to such instructions.

Appears in 5 contracts

Samples: Custody Agreement (Seligman Municipal Fund Series Inc), Custody Agreement (Seligman Pennsylvania Municipal Fund Series), Custody Agreement (Seligman Time Horizon Harvester Series Inc)

LIMITATION OF LIABILITY OF CUSTODIAN. A. Custodian shall hold harmless and indemnify Fund from and against any loss or liability arising out of Custodian's negligence failure to comply with the terms of this Agreement or arising out of Custodian's negligence, willful misconduct, or bad faith. Custodian shall not be liable for consequential damages, special, or punitive damages. Custodian may request and obtain the advice and opinion of counsel for Fund, or of its own counsel with respect to questions or matters of law, and it shall be without liability to Fund for any action taken or omitted by it in good faith, in conformity with such advice or opinion. If Custodian IFTC reasonably believes that it could not prudently act according to the instructions of the Fund or the Fund's counsel, it may in its discretion, with notice to the Fund, not act according to such instructions.

Appears in 3 contracts

Samples: Custody Agreement (Cowen Funds Inc), Custody Agreement (Cowen Standby Reserve Fund Inc), Custody Agreement (Cowen Standby Tax Exempt Reserve Fund Inc)

LIMITATION OF LIABILITY OF CUSTODIAN. A. Custodian shall hold harmless and indemnify Fund from and against any loss or liability arising out of Custodian's negligence or bad faith. ; provided, however, that Custodian shall not be liable for consequential damagesconsequential, special, special or punitive damagesdamages in any event. Custodian may request and obtain the advice and opinion of counsel for Fund, or of its own counsel with respect to questions or matters of law, and it shall be without liability to Fund for any action reasonably taken or omitted by it in good faith, in conformity with such advice or opinion. If Custodian reasonably believes that it could not prudently act according to the instructions of the Fund or the Fund's counsel, it may in its discretion, with prior notice to the Fund, not act according to such instructions.

Appears in 1 contract

Samples: Custody Agreement (Mentor Institutional Trust)

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LIMITATION OF LIABILITY OF CUSTODIAN. A. Custodian shall hold harmless and indemnify Fund from and against any loss or liability arising out of Custodian's negligence negligence, willful misconduct, or bad faith. Custodian shall not be liable for consequential damages, special, special or punitive damages. Custodian may request and obtain the advice and opinion of counsel for Fund, or of its own counsel with respect to questions or matters of law, and it shall be without liability to Fund for any action taken or omitted by it in good faith, faith in conformity with such advice or opinion. If Custodian reasonably believes that it could not prudently act according to the instructions of the Fund or the Fund's counsel, it may in its discretion, with notice to the Fund, not act according to such instructions.

Appears in 1 contract

Samples: Custody Agreement (Empire Builder Tax Free Bond Fund)

LIMITATION OF LIABILITY OF CUSTODIAN. A. 1. Custodian shall hold harmless and indemnify Fund from and against any loss or liability arising out of Custodian's negligence negligence, willful misconduct, or bad faith. Custodian shall not be liable for consequential damagesconsequential, special, special or punitive damages. Custodian may request and obtain the advice and opinion of counsel for Fund, or of its own counsel with respect to questions or matters of law, and it shall be without liability to Fund for any action taken or omitted by it in good faith, in conformity with such advice or opinion. If Custodian reasonably believes that it could not prudently act according to the instructions of the Fund or the Fund's counsel, it may in its discretion, with notice to the Fund, not act according to such instructions.

Appears in 1 contract

Samples: Custody Agreement (Empire Builder Tax Free Bond Fund)

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