Common use of CONCERNING BNY Clause in Contracts

CONCERNING BNY. 1. BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys’ and accountants’ fees, sustained or incurred by, or asserted against, a Series with respect to custody of the Series’ Foreign Assets (as defined in the Rule), except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to a Series, the Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement. 2. Each Series shall indemnify BNY and hold it harmless from and against any and all costs, expenses, damages, liabilities or claims, including attorneys’ and accountants’ fees, sustained or incurred by, or asserted against, BNY by reason or as a result of any action or inaction, or arising out of BNY’s performance hereunder with respect to that Series, provided that the Series shall not indemnify BNY to the extent any such costs, expenses, damages, liabilities or claims arises out of BNY’s failure to exercise the reasonable care, prudence and diligence required by Section 2 of Article II hereof, and provided any such costs, expenses, damages, liabilities or claims do not constitute indirect, special, or consequential damages or lost profits. 3. For its services hereunder, each Series agrees to pay to BNY such compensation as shall be mutually agreed. 4. BNY shall have only such duties as are expressly set forth herein. In no event shall BNY be liable for any Country Risks associated with investments in a particular country.

CONCERNING BNY. 1. BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including reasonable attorneys’ and accountants’ fees, sustained or incurred by, or asserted against, a Series with respect to custody of the Series’ Foreign Assets (as defined in the Rule), Fund except to the extent the same arises out of (i) the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereofhereof or (ii) BNY’s negligence or willful misconduct. In no event shall BNY be liable to a Seriesthe Fund, the Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement. 2. Each Series The Fund shall indemnify BNY and hold it harmless from and against any and all costs, expenses, damages, liabilities or claims, including reasonable attorneys’ and accountants’ fees, sustained or incurred by, or asserted against, BNY by reason or as a result of any action or inaction, or arising out of BNY’s performance hereunder with respect to that Serieshereunder, provided that the Series Fund shall not indemnify BNY to the extent any such costs, expenses, damages, liabilities or claims arises out of BNY’s failure to exercise the reasonable care, prudence and diligence required by Section 2 of Article II hereof, and provided any such costs, expenses, damages, liabilities hereof or claims do not constitute indirect, special, arising from BNY’s negligence or consequential damages or lost profitswillful misconduct. 3. For its services hereunder, each Series the Fund agrees to pay to BNY such compensation and out-of-pocket expenses as shall be mutually agreed. 4. BNY shall have only such duties as are expressly set forth herein. In no event shall BNY be liable for any Country Risks associated with investments in a particular country.