Common use of LIMITATION OF LIABILITY OF CUSTODIAN Clause in Contracts

LIMITATION OF LIABILITY OF CUSTODIAN. A. Notwithstanding any other provisions of this Agreement, Custodian will hold harmless and indemnify Fund from and against any loss or liability, including attorney's fees, arising out of Custodian's breach of this Agreement or its negligence, willful misconduct or bad faith. Custodian shall not be liable for consequential, 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.

LIMITATION OF LIABILITY OF CUSTODIAN. A. Notwithstanding any other provisions of this Agreement, Custodian will shall hold harmless and indemnify Fund from and against any loss or liability, including attorney's fees, liability arising out of Custodian's breach failure to comply with the terms of this Agreement or its negligence, willful misconduct arising out of Custodian's negligence or bad faith. ; provided, however, that Custodian shall not be liable for consequential, 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.