Common use of Performance of Duties and Standard of Care Clause in Contracts

Performance of Duties and Standard of Care. The Bank agrees to use reasonable care in performing its obligations hereunder and with regard to the safekeeping of Fund assets, computing the net asset value of the Fund, and other duties set forth herein. In performing its duties hereunder and any other duties listed on any Schedule hereto, if any, the Bank will reasonably be entitled to receive and act upon the advice of independent counsel of its own selection, which may be counsel for the Fund, and will be without liability for any action taken or thing done or omitted to be done in accordance with this Agreement in good faith in conformity with such advice. Should the Bank miscalculate the net asset value due to its own negligence (“pricing error”), the Bank agrees to reimburse the Fund for direct losses incurred and as computed or approved by the Fund or its agent in accordance with the Fund’s pricing error policies in effect at the time of the error. If the pricing error was the result of the negligence of the Bank and another party(ies), the Bank will reimburse the Fund according to the degree to which the Bank contributed to the pricing error as the Bank and Fund agree upon. The Bank will be under no duty or obligation to inquire into and will not be liable for:

Performance of Duties and Standard of Care. The Bank agrees to use reasonable care in performing its obligations hereunder and with regard to the safekeeping of Fund assets, computing the net asset value values of the FundPortfolios' classes, and other duties set forth herein. In performing its duties hereunder and any other duties listed on any Schedule hereto, if any, the Bank will reasonably be entitled to receive and act upon the advice of independent counsel of its own selection, which may be counsel for the Fund, and will be without liability for any action taken or thing done or omitted to be done in accordance with this Agreement in good faith in conformity with such advice. Should the Bank miscalculate the net asset value due to its own negligence (“"pricing error”"), the Bank agrees to reimburse the Fund affected Portfolio(s) for direct losses incurred and as computed or approved by the Fund or its agent in accordance with the Fund’s /Portfolio's pricing error policies in effect at the time of the error. If the pricing error was the result of the negligence of the Bank and another party(ies), the Bank will reimburse the Fund affected Portfolio(s) according to the degree to which the Bank contributed to the pricing error as the Bank and Fund agree upon. The Bank will be under no duty or obligation to inquire into and will not be liable for: