Common use of Responsibility of the Custodian Clause in Contracts

Responsibility of the Custodian. The Custodian shall not be required to take any action except as specifically set forth herein. The Custodian shall be responsible for its own negligent failure or that of any subcustodian it shall appoint to perform its duties under this Agreement. Without limiting the generality of the foregoing or of any other provision of this Agreement, the Custodian in connection with its duties under this Agreement shall not be under any duty or obligation to inquire into and shall not be liable for or in respect of (a) the validity or invalidity or authority or lack thereof of any advice, direction, notice or other instrument which conforms to the applicable requirements of this Agreement, if any, and which the Custodian believes to be genuine, (b) the validity of the issue of any securities purchased or sold by the Trust, the legality of the purchase or sale thereof or the propriety of the amount paid or received therefore, (c) the legality of the issue or sale of any Shares, or the sufficiency of the amount to be received therefor, (d) the legality of the redemption of any Shares, or the propriety of the amount to be paid therefore, (e) the legality of the declaration or payment of any dividend or distribution on Shares, or (f) delays or errors or loss of data occurring by reason of circumstances beyond the Custodian's control, including acts of civil or military authority, national emergencies, labor difficulties, fire, mechanical breakdown (except as provided in Paragraph 24), flood or catastrophe, acts of God, insurrection, war, riots, or failure of the mail, transportation, communication or power supply. In no event will the Custodian be liable for special, indirect or consequential damages or lost profits or loss of business, which may be suffered by the Trust or any third party, even if previously informed of the possibility of such damages.

Responsibility of the Custodian. The Custodian shall not be required to take any action except as specifically set forth herein. The Custodian shall be responsible for its own negligent failure or that of any subcustodian sub-custodian it shall appoint to perform its duties under this Agreement. Without limiting the generality of the foregoing or of any other provision of this Agreement, the Custodian in connection with its duties under this Agreement shall not be under any duty or obligation to inquire into and shall not be liable for or in respect of (a) the validity or invalidity or authority or lack thereof of any advice, direction, notice or other instrument which conforms to the applicable requirements of this Agreement, if any, and which the Custodian reasonably believes to be genuine, (b) the validity of the issue of any securities purchased or sold by the Trust, the legality of the purchase or sale thereof or the propriety of the amount paid or received therefore, (c) the legality of the issue or sale of any Shares, or the sufficiency of the amount to be received therefor, (d) the legality of the redemption of any Shares, or the propriety of the amount to be paid therefore, (e) the legality of the declaration or payment of any dividend or distribution on Shares, or (f) delays or errors or loss of data occurring by reason of circumstances beyond the Custodian's ’s control, including acts of civil or military authority, national emergencies, labor difficulties, fire, mechanical breakdown (except as provided in Paragraph paragraph 24), flood or catastrophe, acts of God, insurrection, war, riots, or failure of the mail, transportation, communication or power supply. In no event will the Custodian be liable for special, indirect or consequential damages or lost profits or loss of business, which may be suffered by the Trust or any third party, even if previously informed of the possibility of such damages.

Responsibility of the Custodian. The Custodian shall not be required to take any action except as specifically set forth herein. The Custodian shall be responsible for its own negligent failure or that of any subcustodian sub-custodian it shall appoint to perform its duties under this Agreement. Without limiting the generality of the foregoing or of any other provision of this Agreement, the Custodian in connection with its duties under this Agreement shall not be under any duty or obligation to inquire into and shall not be liable for or in respect of (a) the validity or invalidity or authority or lack thereof of any advice, direction, notice or other instrument which conforms to the applicable requirements of this Agreement, if any, and which the Custodian believes to be genuine, (b) the validity of the issue of any securities purchased or sold by the Trust, the legality of the purchase or sale thereof or the propriety of the amount paid or received therefore, (c) the legality of the issue or sale of any Shares, or the sufficiency of the amount to be received therefor, (d) the legality of the redemption of any Shares, or the propriety of the amount to be paid therefore, (e) the legality of the declaration or payment of any dividend or distribution on Shares, or (f) delays or errors or loss of data occurring by reason of circumstances beyond the Custodian's ’s control, including acts of civil or military authority, national emergencies, labor difficulties, fire, mechanical breakdown (except as provided in Paragraph paragraph 24), flood or catastrophe, acts of God, insurrection, war, riots, or failure of the mail, transportation, communication or power supply. In no event will the Custodian be liable for special, indirect or consequential damages or lost profits or loss of business, which may be suffered by the Trust or any third party, even if previously informed of the possibility of such damages.

Responsibility of the Custodian. The Custodian shall not be required under no duty to take any action on behalf of the Trust except as specifically set forth hereinherein or as may be specifically agreed to by the Custodian in writing. In the performance of its duties hereunder, the Custodian shall be obligated to exercise reasonable care and diligence and to act in good faith to insure the accuracy of all services performed under this Agreement. The Custodian shall be responsible for its own negligent failure or that of any subcustodian it shall appoint to perform its duties under this Agreement but to the extent that duties, obligations and responsibilities are not expressly set forth in this Agreement, the Custodian shall not be liable for any act or omission which does not constitute willful misfeasance, bad faith, or negligence on the part of the Custodian or reckless disregard of such duties, obligations and responsibilities. Without limiting the generality of the foregoing or of any other provision of this Agreement, the Custodian in connection with its duties under this Agreement shall not be under any duty or obligation to inquire into and shall not be liable for or in respect of (a) the validity or invalidity or authority or lack thereof of any advice, direction, notice or other instrument which conforms to the applicable requirements of this Agreement, if any, and which the Custodian believes to be genuine, (b) the validity of the issue of any securities purchased or sold by the Trust, the legality of the purchase or sale thereof or the propriety of the amount paid or received therefore, (c) the legality of the issue or sale of any Shares, or the sufficiency of the amount to be received therefortherefore, (d) the legality of the redemption of any Shares, or the propriety of the amount to be paid therefore, (e) the legality of the declaration or payment of any dividend or distribution on Shares, or (f) delays or errors or loss of data occurring by reason of circumstances beyond the Custodian's control, including acts of civil or military authority, national emergencies, labor difficultiesstrikes or work stoppages, fire, mechanical breakdown (except as provided in Paragraph 2422), flood or catastrophe, acts of God, insurrection, waracts of war or terrorism, riots, revolutions, nuclear fusion, fission or radiation, or failure of the mail, transportation, communication or power supply. In no event will Without limiting the foregoing, the Custodian shall not be liable for specialany loss which results from: (1) the general risk of investing, indirect or consequential damages (2) investing or lost profits holding Trust assets in a particular country including, but not limited to, losses resulting from nationalization, expropriation or loss of business, which may be suffered by the Trust or any third party, even if previously informed other governmental actions; regulation of the possibility banking or securities industry; currency restrictions, devaluations or fluctuations; and market conditions which prevent the orderly execution of such damagessecurities transactions or affect the value of assets.

Responsibility of the Custodian. The Custodian shall not be required under no duty to take any action on behalf of the Trust except as specifically set forth hereinherein or as may be specifically agreed to by the Custodian in writing. In the performance of its duties hereunder, the Custodian shall be obligated to exercise care and diligence and to act in good faith and to use its best efforts within reasonable limits to ensure the accuracy of all services performed under this Agreement. The Custodian shall be responsible for its own negligent failure or that of any subcustodian sub-custodian it shall appoint to perform its duties under this Agreement but to the extent that duties, obligations and responsibilities are not expressly set forth in this Agreement, the Custodian shall not be liable for any act or omission which does not constitute willful misfeasance, bad faith, or negligence on the part of the Custodian or reckless disregard of such duties, obligations and responsibilities. Without limiting the generality of the foregoing or of any other provision of this Agreement, the Custodian in connection with its duties under this Agreement shall not be under any duty or obligation to inquire into and shall not be liable for or in respect of (a) the validity or invalidity or authority or lack thereof of any advice, direction, notice or other instrument which conforms to the applicable requirements of this Agreement, if any, and which the Custodian believes to be genuine, (b) the validity of the issue of any securities purchased or sold by the Trust, the legality of the purchase or sale thereof or the propriety of the amount paid or received thereforetherefor, (c) the legality of the issue or sale of any Shares, or the sufficiency of the amount to be received therefor, (d) the legality of the redemption of any Shares, or the propriety of the amount to be paid therefore, (e) the legality of the declaration or payment of any dividend or distribution on Shares, or (f) delays or errors or loss of data occurring by reason of circumstances beyond the Custodian's control, including acts of civil or military authority, national emergencies, labor difficulties, fire, mechanical breakdown (except as provided in Paragraph 2421), flood or catastrophe, acts of God, insurrection, war, riots, or failure of the mail, transportation, communication or power supply. In no event will the Custodian be liable for special, indirect or consequential damages or lost profits or loss of business, which may be suffered by the Trust or any third party, even if previously informed of the possibility of such damages.

Responsibility of the Custodian. The Custodian shall not be required under no duty to take any action on behalf of the Trust except as specifically set forth hereinherein or as may be specifically agreed to by the Custodian in writing. In the performance of its duties hereunder, the Custodian shall be obligated to exercise reasonable care and diligence and to act in good faith to insure the accuracy of all services performed under this Agreement. The Custodian shall be responsible for its own negligent failure or that of any subcustodian it shall appoint to perform its duties under this Agreement but to the extent that duties, obligations and responsibilities are not expressly set forth in this Agreement, the Custodian shall not be liable for any act or omission which does not constitute willful misfeasance, bad faith, or negligence on the part of the Custodian or reckless disregard of such duties, obligations and responsibilities. Without limiting the generality of the foregoing or of any other provision of this Agreement, the Custodian in connection with its duties under this Agreement shall not be under any duty or obligation to inquire into and shall not be liable for or in respect of (a) the validity or invalidity or authority or lack thereof of any advice, direction, notice or other instrument which conforms to the applicable requirements of this Agreement, if any, and which the Custodian believes to be genuine, (b) the validity of the issue of any securities purchased or sold by the Trust, the legality of the purchase or sale thereof or the propriety of the amount paid or received therefore, (c) the legality of the issue or sale of any Shares, or the sufficiency of the amount to be received therefortherefore, (d) the legality of the redemption of any Shares, or the propriety of the amount to be paid therefore, (e) the legality of the declaration or payment of any dividend or distribution on Shares, or (f) delays or errors or loss of data occurring by reason of circumstances beyond the Custodian's control, including acts of civil or military authority, national emergencies, labor difficulties, fire, mechanical breakdown (except as provided in Paragraph 24), flood or catastropheinsurrection, acts of God, insurrection, warwar or terrorism, riots, revolutions, nuclear fusion, fission or radiation, or failure of the mail, transportation, communication or power supply. In no event will Without limiting the foregoing,the Custodian shall not be liable for specialany loss which results from: (1) the general risk of investing, indirect or consequential damages (2) investing or lost profits holding Fund assets in a particular country including, but not limited to, losses resulting from nationalization, expropriation or loss of business, which may be suffered by the Trust or any third party, even if previously informed other governmental actions; regulation of the possibility banking or securities industry; currency restrictions, devaluations or fluctuations; and market conditions which prevent the orderly execution of such damagessecurities transactions or affect the value of assets.

Responsibility of the Custodian. The Custodian shall not be required under no duty to take any action on behalf of the Company except as specifically set forth hereinherein or as may be specifically agreed to by the Custodian in writing. In the performance of its duties hereunder, the Custodian shall be obligated to exercise care and diligence and to act in good faith and to use its best efforts within reasonable limits to ensure the accuracy of all services performed under this Agreement. The Custodian shall be responsible for its own negligent failure or that of any subcustodian sub- custodian it shall appoint to perform its duties under this Agreement but to the extent that duties, obligations and responsibilities are not expressly set forth in this Agreement, the Custodian shall not be liable for any act or omission which does not constitute willful misfeasance, bad faith, or negligence on the part of the Custodian or reckless disregard of such duties, obligations and responsibilities. Without limiting the generality of the foregoing or of any other provision of this Agreement, the Custodian in connection with its duties under this Agreement shall not be under any duty or obligation to inquire into and shall not be liable for or in respect of (a) the validity or invalidity or authority or lack thereof of any advice, direction, notice or other instrument which conforms to the applicable requirements of this Agreement, if any, and which the Custodian believes to be genuine, (b) the validity of the issue of any securities purchased or sold by the TrustCompany, the legality of the purchase or sale thereof or the propriety of the amount paid or received thereforetherefor, (c) the legality of the issue or sale of any Shares, or the sufficiency of the amount to be received therefor, (d) the legality of the redemption of any Shares, or the propriety of the amount to be paid therefore, (e) the legality of the declaration or payment of any dividend or distribution on Shares, or (f) delays or errors or loss of data occurring by reason of circumstances beyond the Custodian's control, including acts of civil or military authority, national emergencies, labor difficulties, fire, mechanical breakdown (except as provided in Paragraph 2421), flood or catastrophe, acts of God, insurrection, war, riots, or failure of the mail, transportation, communication or power supply. In no event will the Custodian be liable for special, indirect or consequential damages or lost profits or loss of business, which may be suffered by the Trust or any third party, even if previously informed of the possibility of such damages.