Losses. Under no circumstances shall a party be liable to, or be required to indemnify, the other party, or in the case of the Custodian any third party, for indirect, consequential or special damages arising in connection with this Agreement.
Appears in 20 contracts
Samples: Custody Agreement (PowerShares Exchange-Traded Fund Trust II), Custody Agreement (Powershares Actively Managed Exchange-Traded Fund Trust), Custody Agreement (PowerShares Actively Managed Exchange-Traded Commodity Fund Trust)
Losses. Under no circumstances shall a either party to this Agreement be liable to, or be required to indemnify, the other party, party or in the case of the Custodian any third party, party for indirect, consequential or special damages damages, or lost profits or loss of business, arising in connection with this Agreement, even if such party has been advised of the possibility of such damages.
Appears in 9 contracts
Samples: Custody Agreement (AMG Funds II), Custody Agreement (Oaktree Strategic Income II, Inc.), Custody Agreement (Oaktree Strategic Credit Fund)
Losses. Under no circumstances shall a party be liable to, or be required to indemnify, the other party, party or in the case of the Custodian any third party, party for indirect, consequential or special damages damages, or lost profits or loss of business, arising in connection with this Agreement, even if the other party has been advised of the possibility of such damages.
Appears in 6 contracts
Samples: Custody Agreement (Invesco Exchange-Traded Fund Trust II), Custody Agreement (Aim Investment Securities Funds (Invesco Investment Securities Funds)), Custody Agreement (Invesco DB Commodity Index Tracking Fund)
Losses. Under no circumstances shall a either party be liable to, or be required to indemnify, the other party, or in the case of the Custodian any third party, party for indirect, consequential or special damages arising in connection with this Agreement. In the event that a party is required to pursue legal action to pursue its rights in connection with any controversy, claim or action between the parties, arising from or related to this agreement, such party is entitled to receive from the other party its reasonable attorneys’ fees and costs where such party is a prevailing party in any such legal action. This provision shall survive the termination of this Agreement.
Appears in 5 contracts
Samples: Custody Agreement (Ivy Funds Variable Insurance Portfolios), Custody Agreement (Invested Portfolios), Custody Agreement (Ivy Funds)
Losses. Under no circumstances shall a either party to this Agreement be liable to, or be required to indemnify, the other party, party or in the case of the Custodian any third party, party for indirect, consequential or special damages damages, or lost profits or loss of business, arising in connection with this Agreement, even if the such party has been advised of the possibility of such damages.
Appears in 2 contracts
Samples: Custody Agreement (Winton Diversified Opportunities Fund), Custody Agreement (Winton Diversified Opportunities Fund)
Losses. Under no circumstances shall a either party be liable to, or be required to indemnify, the other party, or in the case of the Custodian any third party, party for indirect, consequential or special damages arising in connection with this Agreement.
Appears in 2 contracts
Samples: Custody Agreement (Sequoia Fund Inc), Custody Agreement (Sequoia Fund Inc)
Losses. Under no circumstances shall a either party be liable to, or be required to indemnify, the other party, or in the case of the Custodian any third party, party for indirect, consequential or special damages damages, or lost profits or loss of business, arising in connection with this Agreement, even if the party has been advised of the possibility of such damages.
Appears in 2 contracts
Samples: Custody Agreement (Forum Funds), Custody Agreement (TrimTabs ETF Trust)
Losses. Under no circumstances shall a either party be liable to, or be required to indemnify, the other party, or in the case of the Custodian any third party, party for indirect, consequential or special damages damages, or lost profits or loss of business, arising in connection with this AgreementAgreement even if such party has been advised of the possibility of such damages.
Appears in 1 contract
Losses. Under no circumstances shall a party either Party to this Agreement be liable to, or be required to indemnify, the other party, Party or in the case of the Custodian any third party, party for indirect, consequential or special damages or lost profits or loss of business, arising in connection with this Agreement, even if such Party has been advised of the possibility of such damages.
Appears in 1 contract
