Common use of Limitations on Losses Clause in Contracts

Limitations on Losses. The Custodian will not be responsible for any loss or damage suffered by the Client unless the loss or damage results from the Custodian’s negligence, wilful misconduct or fraud or the negligence, wilful misconduct or fraud of its nominees or any branch or subsidiary or subcustodian or administrative support provider; in the event of such negligence or wilful misconduct the liability of the Custodian in connection with the loss or damage will not exceed (i) the lesser of replacement of any Securities or the market value of the Securities to which such loss or damage relates at the time the Client reasonably should have been aware of such negligence or wilful misconduct and (ii) replacement of Cash, plus (iii) compensatory interest up to that time at the rate applicable to the base currency of the Cash Account. Under no circumstances will the Custodian be liable to the Client for consequential loss or damage, even if advised of the possibility of such loss or damage.

Appears in 5 contracts

Samples: Custodial Services Agreement (SLR Private Credit BDC II LLC), Custodial Services Agreement (SLR Hc BDC LLC), Custodial Services Agreement (SCP Private Credit Income BDC LLC)

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Limitations on Losses. The Custodian will not be responsible for any loss or damage suffered by the Client unless the loss or damage results from the Custodian’s negligence, wilful misconduct or fraud or the negligence, wilful misconduct or fraud of its nominees or any branch or branch, subsidiary or subcustodian or of any administrative support providerproviders Custodian has appointed as it delegates; in the event of such negligence or wilful misconduct the liability of the Custodian in connection with the loss or damage will not exceed (i) the lesser of replacement of any Securities or the market value of the Securities to which such loss or damage relates at the time the Client reasonably should have been aware of such negligence or wilful misconduct and (ii) replacement of Cash, plus (iii) compensatory interest up to that time at the rate applicable to the base currency of the Cash Account. Under no circumstances will the Custodian be liable to the Client for consequential loss or damage, including without limitation lost profits, even if advised of the possibility of such loss or damage.

Appears in 4 contracts

Samples: Custodial Services Agreement, Custodial Services Agreement (Salient MF Trust), Custodial Services Agreement (Salient Midstream & MLP Fund)

Limitations on Losses. The Custodian will not be responsible for any loss or damage suffered by the Client unless the loss or damage results from the Custodian’s negligence, wilful misconduct or fraud or the negligence, wilful misconduct or fraud of its nominees or any branch or subsidiary or subcustodian or administrative support providersubsidiary; in the event of such negligence or wilful misconduct the liability of the Custodian in connection with the loss or damage will not exceed (i) the lesser of replacement of any Securities or the market value of the Securities to which such loss or damage relates at the time the Client reasonably should have been aware of such negligence or wilful misconduct and (ii) replacement of Cash, plus (iii) compensatory interest up to that time at the rate applicable to the base currency of the Cash Account. Under no circumstances will the Custodian be liable to the Client for consequential loss or damage, even if advised of the possibility of such loss or damage.

Appears in 3 contracts

Samples: Global Custodial Services Agreement (Boston Trust & Walden Funds), Global Custodial Services Agreement (Diamond Hill Funds), Custodial Services Agreement (Northern Lights Variable Trust)

Limitations on Losses. The Custodian will not be responsible for any loss or damage suffered by the Client unless the loss or damage results from the Custodian’s negligence, wilful misconduct misconduct, fraud or fraud breach of this Agreement, or the negligence, wilful misconduct or fraud of its nominees or any branch or subsidiary or subcustodian or administrative support providersubsidiary; in the event of such negligence or negligence, wilful misconduct or breach of this Agreement, the liability of the Custodian in connection with the loss or damage will not exceed (i) the lesser of replacement of any Securities or the market value of the Securities to which such loss or damage relates at the time the Client reasonably should have been aware of such negligence or wilful misconduct and (ii) replacement of Cash, plus (iii) compensatory interest up to that time at the rate applicable to the base currency of the Cash Account. Under no circumstances will the Custodian be liable to the Client for consequential loss or damage, even if advised of the possibility of such loss or damage.

Appears in 3 contracts

Samples: Custodial Services Agreement (KKR Alternative Corporate Opportunities Fund P), Custodial Services Agreement (KKR Series Trust), Custodial Services Agreement (KKR Alternative Corporate Opportunities Fund)

Limitations on Losses. The Custodian will not be responsible for any loss or damage suffered by the Client as a result of any act or failure to act by the Custodian unless the loss or damage results from the Custodian’s breach of this Agreement because of its negligence, wilful willful misconduct or fraud or the negligence, wilful willful misconduct or fraud of its nominees or any branch or subsidiary or subcustodian or administrative support providersubsidiary; in the which event of such negligence or wilful misconduct the liability of the Custodian in connection with the loss or damage will not exceed (i) the lesser of replacement of any Securities Property or the market value of the Securities Property to which such loss or damage relates at the time the Client reasonably should have been aware of such negligence or wilful misconduct and breach plus (ii) replacement of Cash, plus (iii) compensatory interest up to that time at the rate applicable to the base currency of the Cash Account. Under no circumstances will the Custodian be liable to the Client for indirect, incidental or consequential loss or damagedamages, even if advised of the possibility of such loss or damagedamages.

Appears in 2 contracts

Samples: Custodial Services Agreement (DMS Funds), Custodial Services Agreement (Swiss Helvetia Fund, Inc.)

Limitations on Losses. The Custodian will not be responsible for any loss or damage suffered by the Client unless the loss or damage results from the Custodian’s 's negligence, wilful misconduct or fraud or the negligence, wilful misconduct or fraud of its nominees or any branch or subsidiary or subcustodian or administrative support providersubsidiary; in the event of such negligence or wilful misconduct the liability of the Custodian in connection with the loss or damage will not exceed (i) the lesser of replacement of any Securities or the market value of the Securities to which such loss or damage relates at the time the Client reasonably should have been aware of such negligence or wilful misconduct and (ii) replacement of Cash, plus (iii) compensatory interest up to that time at the rate applicable to the base currency of the Cash Account. Under no circumstances will the Custodian be liable to the Client for consequential loss or damage, even if advised of the possibility of such loss or damage.

Appears in 2 contracts

Samples: Custodial Services Agreement (Ofi Tremont Core Diversified Hedge Fund), Custodial Services Agreement (Oppenheimer Tremont Market Neutral Fund LLC)

Limitations on Losses. The Custodian will not be responsible for any loss or damage suffered by the Client unless the loss or damage results from the Custodian’s negligence, wilful default, wilful misconduct or fraud or the negligence, wilful default, wilful misconduct or fraud of its nominees or any branch or subsidiary or subcustodian or administrative support providerSubcustodian; in the event of such negligence or wilful misconduct the liability of the Custodian in connection with the loss or damage will not exceed (i) the lesser of replacement of any Securities or the market value of the Securities to which such loss or damage relates at the time the Client reasonably should have been aware of such negligence or wilful misconduct and (ii) replacement of Cash, plus (iii) compensatory interest up to that time at the rate applicable to the base currency of the Cash Account. Under no circumstances will the Custodian be liable to the Client for consequential loss or damage, even if advised of the possibility of such loss or damage.

Appears in 2 contracts

Samples: Global Custodial Services Agreement (Mirae Asset Discovery Funds), Custodial Services Agreement (Mirae Asset Discovery Funds)

Limitations on Losses. The Custodian will not be responsible for any loss or damage suffered by the Client unless the loss or damage results from the Custodian’s 's negligence, wilful misconduct or fraud or the negligence, wilful misconduct or fraud of its nominees subcustodians or any branch or subsidiary or subcustodian or administrative support providernominees; in the event of such negligence or wilful misconduct the liability of the Custodian in connection with the loss or damage will not exceed (i) the lesser of replacement of any Securities or the market value of the Securities to which such loss or damage relates at the time the Client reasonably should have been aware of such negligence or wilful misconduct and (ii) replacement of Cash, plus (iii) compensatory interest up to that time at the rate applicable to the base currency of the Cash Account. Under no circumstances will the Custodian be liable to the Client for consequential loss or damage, even if advised of the possibility of such loss or damage.

Appears in 1 contract

Samples: Custodial Services Agreement (Wintergreen Fund, Inc.)

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Limitations on Losses. The Custodian will not be responsible for any loss or damage suffered by the Client unless the loss or damage results from the Custodian’s negligence, wilful misconduct or fraud or the negligence, wilful misconduct or fraud of its nominees or any branch or subsidiary or subcustodian or administrative support provider; in the event of such negligence or wilful misconduct the liability of the Custodian in connection with the loss or damage will not exceed (i) the lesser of replacement of any Securities or the market value of the Securities to which such loss or damage relates at the time the Client reasonably should have been aware of such negligence or wilful misconduct and (ii) replacement of Cash, plus (iii) compensatory interest up to that time at the rate applicable to the base currency of the Cash Account. Under no circumstances will the Custodian be liable to the Client for consequential loss or damage, even if advised of the possibility of such loss or damage.

Appears in 1 contract

Samples: Global Custodial Services Agreement (Old Westbury Funds Inc)

Limitations on Losses. The Custodian will not be responsible for any loss or damage suffered by the Client unless the loss or damage results from the Custodian’s negligence, wilful misconduct or fraud or the negligence, wilful misconduct or fraud of its nominees or any branch or subsidiary or subcustodian sub custodian or administrative support provider; in the event of such negligence or wilful misconduct the liability of the Custodian in connection with the loss or damage will not exceed (i) the lesser of replacement of any Securities or the market value of the Securities to which such loss or damage relates at the time the Client reasonably should have been aware of such negligence or wilful misconduct and (ii) replacement of Cash, plus (iii) compensatory interest up to that time at the rate applicable to the base currency of the Cash Account. Under no circumstances will the Custodian be liable to the Client for consequential loss or damage, even if advised of the possibility of such loss or damage.

Appears in 1 contract

Samples: Custodial Services Agreement (Dunham Funds)

Limitations on Losses. The Custodian will not be responsible for any loss or damage suffered by the Client unless the loss or damage results from the Custodian’s negligence, wilful willful misconduct or fraud or the negligence, wilful willful misconduct or fraud of its nominees or any branch or subsidiary or subcustodian Subcustodian or administrative support provider; in the event of such negligence negligence, willful misconduct or wilful misconduct fraud the liability of the Custodian in connection with the loss or damage will not exceed (i) the lesser of replacement of any Securities or the market value of the Securities to which such loss or damage relates at the time the Client reasonably should have been aware of such negligence negligence, willful misconduct or wilful misconduct fraud and (ii) replacement of Cash, plus (iii) compensatory interest up to that time at the rate applicable to the base currency of the Cash Accountrelating to such loss. Under no circumstances will the Custodian be liable to the Client for consequential loss or damage, even if advised of the possibility of such loss or damage.

Appears in 1 contract

Samples: Custodial Services Agreement (Old Westbury Funds Inc)

Limitations on Losses. The Custodian will not be responsible for any loss or damage suffered by the Client unless the loss or damage results from the Custodian’s negligence, wilful willful misconduct or fraud or the negligence, wilful willful misconduct or fraud of its nominees or any branch or subsidiary or subcustodian or administrative support providersubsidiary; in the event of such negligence or wilful willful misconduct the liability of the Custodian in connection with the loss or damage will not exceed (i) the lesser of replacement of any Securities or the market value of the Securities to which such loss or damage relates at the time the Client reasonably should have been aware of such negligence or wilful willful misconduct and (ii) replacement of Cash, plus (iii) compensatory interest up to that time at the rate applicable to the base currency of the Cash Account. Under no circumstances will the Custodian be liable to the Client for consequential loss or damage, even if advised of the possibility of such loss or damage.

Appears in 1 contract

Samples: Global Custodial Services Agreement (Aal Variable Product Series Fund Inc)

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