Common use of Standard of Care; Indemnification; Limitation of Liability Clause in Contracts

Standard of Care; Indemnification; Limitation of Liability. A. USBFS shall exercise reasonable care in the performance of its duties under this Agreement. USBFS shall not be liable to the Trust for any error of judgment, any mistake of law or any loss or damage suffered by it in connection with USBFS’s duties under this Agreement, including any loss resulting from (i) any fraudulent, unauthorized or otherwise improper use by the Trust of any identification, security codes or systems, or access mechanisms assigned by USBFS in connection with access to the System, (ii) mechanical breakdowns, the failure of communication or power supplies or USBFS’s failure or delay in delivering the System to the extent such breakdown, failure or delay is beyond USBFS’s control, except those losses or damages arising out of or relating to USBFS’s refusal or failure to comply with the terms of this Agreement or from USBFS’s bad faith, negligence, or willful misconduct in the performance of its duties under this Agreement.

Standard of Care; Indemnification; Limitation of Liability. A. USBFS shall exercise reasonable care in the performance of its duties under this Agreement. USBFS shall not be liable to the Trust for any error of judgment, any judgment or mistake of law or any loss or damage suffered by it the Trust in connection with USBFS’s duties under this Agreement, including any loss resulting from (i) any fraudulent, unauthorized or otherwise improper use by the Trust of any identification, security codes or systems, or access mechanisms assigned by USBFS in connection with access to the System, (ii) mechanical breakdowns, the failure of communication or power supplies or USBFS’s ’ failure or delay in delivering the System to the extent such breakdown, failure or delay is beyond USBFS’s ’ control, except those losses or damages arising out of or relating to USBFS’s ’ refusal or failure to comply with the terms of this Agreement or from USBFS’s ’ bad faith, negligence, or willful misconduct in the performance of its duties under this Agreement.

Standard of Care; Indemnification; Limitation of Liability. A. USBFS shall exercise reasonable care in the performance of its duties under this Agreement. USBFS shall not be liable to the Trust for any error of judgment, any mistake of law or any loss or damage suffered by it in connection with USBFS’s ' duties under this Agreement, including any loss resulting from (i) any fraudulent, unauthorized or otherwise improper use by the Trust of any identification, security codes or systems, or access mechanisms assigned by USBFS in connection with access to the System, (ii) mechanical breakdowns, the failure of communication or power supplies or USBFS’s ' failure or delay in delivering the System to the extent such breakdown, failure or delay is beyond USBFS’s ' control, except those losses or damages arising out of or relating to USBFS’s ' refusal or failure to comply with the terms of this Agreement or from USBFS’s ' bad faith, negligence, or willful misconduct in the performance of its duties under this Agreement.

Standard of Care; Indemnification; Limitation of Liability. A. USBFS shall exercise reasonable care in the performance of its duties under this Agreement. USBFS shall not be liable to liableto the Trust Company for any error of judgment, any mistake of law or any loss or damage suffered by it damagesuffered byit in connection with USBFS’s duties USBFS’sduties under this Agreement, including any loss resulting from (i) any fraudulent, unauthorized or otherwise improper use by the Trust Company of any identification, security codes or systems, or access mechanisms assigned by USBFS in connection with access to the System, (ii) mechanical breakdowns, ,the failure of communication or power supplies or USBFS’s failure or delay in delivering the System to the extent such breakdown, failure or delay is beyond USBFS’s control, except those losses or damages arising out of or relating to USBFS’s refusal or failure to comply with the terms of this Agreement or from USBFS’s bad faith, negligence, or willful misconduct in the performance of its duties under this Agreement.