Common use of Liability of Custodian Clause in Contracts

Liability of Custodian. Except as provided in paragraph 3.9 hereof with respect to a branch or subsidiary of the Custodian, the Custodian shall be liable for the acts or omissions of a foreign banking institution to the same extent as set forth with respect to sub-custodians generally in this Contract and, regardless of whether assets are maintained in the custody of a foreign banking institution, a foreign securities depository or a branch of a U.S. bank as contemplated by paragraph 3.13 hereof, the Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from nationalization, expropriation, currency restrictions, or acts of war or terrorism or any loss where the sub-custodian has otherwise exercised reasonable care. Notwithstanding the foregoing provisions of this paragraph 3.10, in delegating custody duties to State Street London Ltd., or other branches or subsidiaries of the Custodian, the Custodian shall not be relieved of any responsibility to the Fund for any loss due to such delegation, except such loss as may result from (a) political risk (including, but not limited to, exchange control restrictions, confiscation, expropriation, nationalization, insurrection, civil strife or armed hostilities) or (b) other losses (excluding a bankruptcy or insolvency of State Street London Ltd. not caused by political risk) due to Acts of God, nuclear incident or other losses under circumstances where the Custodian and State Street London Ltd. have exercised the standard of care set forth in Article 13 hereof.

Liability of Custodian. Except as provided in paragraph 3.9 hereof with respect to a branch or subsidiary of the Custodian, the The Custodian shall be liable for the acts or omissions of a foreign banking institution to the same extent as set forth with respect to sub-custodians generally in this Contract and, regardless of whether assets are maintained in the custody of a foreign banking institution, a foreign securities depository or a branch of a U.S. bank as contemplated by paragraph Section 3.13 hereof, the Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from nationalization, expropriation, currency restrictions, or acts of war or terrorism or any loss where the sub-custodian has otherwise exercised reasonable carethe standard of care that a professional custodian engaged in the banking or trust company industry and having professional expertise in financial and securities processing transactions and custody would observe. Notwithstanding the foregoing provisions of this paragraph Section 3.10, in delegating custody duties to State Street London Ltd., or other branches or subsidiaries of the Custodian, the Custodian shall not be relieved of any responsibility to the Fund for any loss due to such delegation, except such loss as may result from (a) political risk (including, but not limited to, exchange control restrictions, confiscation, expropriation, nationalization, insurrection, civil strife or armed hostilities) or (b) other losses (excluding a bankruptcy or insolvency of State Street London Ltd. not caused by political risk) due to Acts of God, nuclear incident or other losses under circumstances where the Custodian and State Street London Ltd. have exercised the standard of care set forth in Article 13 hereofreasonable care.

Liability of Custodian. Except as provided in paragraph 3.9 hereof with respect to a branch or subsidiary of the Custodian, the The Custodian shall be liable for the acts or omissions of a foreign banking institution to the same extent as set forth with respect to sub-custodians generally in this the Custodian Contract and, regardless of whether assets are maintained in the custody of a foreign banking institution, a foreign securities depository or a branch of a U.S. bank as contemplated by paragraph 3.13 13 hereof, the Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from nationalization, expropriation, currency restrictions, or acts of war or terrorism or any loss where the sub-custodian has otherwise exercised reasonable care. Notwithstanding the foregoing provisions of this paragraph 3.1010, in delegating custody duties to State Street London Ltd., Ltd. or to any other branches or subsidiaries affiliate of the Custodian, the Custodian shall not be relieved of any responsibility to the Fund for any loss loss, damage, cost, expense, liability or claim due to such delegation, except such loss loss, damage, cost, expense, liability or claim as may result from (a) political risk (including, but not limited to, exchange control restrictions, confiscation, expropriation, nationalization, insurrection, civil strife or armed hostilities) or (b) other losses (excluding a bankruptcy or insolvency of State Street London Ltd. or any such other affiliate not caused by political risk) due to Acts of God, nuclear incident or other losses under circumstances where the Custodian and State Street London Ltd. or any such other affiliate have exercised the standard of care set forth in Article 13 hereofreasonable care.

Liability of Custodian. Except as provided in paragraph 3.9 hereof with respect to a branch or subsidiary of the Custodian, the The Custodian shall be liable for the acts or omissions of a foreign banking institution to the same extent as set forth with respect to sub-custodians generally in this Contract and, regardless of whether assets are maintained in the custody of a foreign banking institution, a foreign securities depository or a branch of a U.S. bank Bank as contemplated by paragraph 3.13 3.12 hereof, the Custodian shall not be liable for any loss, damage, cost, expense, liability or claim respecting a Fund's foreign securities and cash and cash equivalents held by a foreign sub-custodian pursuant to Section 3.2 hereof resulting from nationalization, expropriation, currency restrictions, or acts of war or terrorism or any loss where the sub-custodian has otherwise exercised reasonable care. Notwithstanding the foregoing provisions of this paragraph 3.10, in delegating custody duties to State Street London Ltd., or other branches or subsidiaries of the Custodian, the Custodian shall not be relieved of any responsibility to the a Fund for any loss due to such delegation, except such loss as may result from (a) political risk (including, but not limited to, exchange control restrictions, confiscation, expropriation, nationalization, insurrection, civil strife or armed hostilities) or (b) other losses (excluding a bankruptcy or insolvency of State Street London Ltd. not caused by political risk) due to Acts of God, nuclear incident or other losses under circumstances where the Custodian and State Street London Ltd. have exercised the standard of care set forth in Article 13 hereofreasonable care.

Liability of Custodian. Except as provided in paragraph 3.9 hereof with respect to a branch or subsidiary of the Custodian, the The Custodian shall be liable for the acts or omissions of a foreign banking institution to the same extent as set forth with respect to sub-custodians generally in this the Custodian Contract and, regardless of whether assets are maintained in the custody of a foreign banking institution, a foreign securities depository or a branch of a U.S. bank as contemplated by paragraph 3.13 13 hereof, the Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from nationalization, expropriation, currency restrictions, or acts of or war or terrorism or otherwise resulting from any loss where action or omission by a foreign banking institution or a foreign securities depository provided that any such act or omission shall not have resulted from or constitute the sub-custodian has otherwise exercised failure to exercise reasonable carecare by such institution or depository. Notwithstanding the foregoing provisions of this paragraph 3.1010, in delegating custody duties to State Street London Ltd., or other branches or subsidiaries of the Custodian, the Custodian shall not be relieved of any responsibility to the Fund for any loss due to such delegationdelegations, except such loss as may result from (a) political risk (including, but not limited to, exchange control restrictions, confiscation, expropriation, nationalization, insurrection, civil strife or armed hostilities) or (b) other losses risk of loss (excluding a bankruptcy or insolvency of State Street London Ltd. not caused by political risk) for which neither the Custodian nor State Street London Ltd. would be liable (including, but not limited to, losses due to Acts of God, nuclear incident or other losses under circumstances where the Custodian and State Street London Ltd. have exercised the standard of care set forth in Article 13 hereofreasonable care).

Liability of Custodian. Except as provided in paragraph 3.9 hereof with respect to a branch or subsidiary of the Custodian, the The Custodian shall be liable for the acts or ---------------------- omissions of a foreign banking institution to the same extent as set forth with respect to sub-custodians generally in this Contract Agreement and, regardless of whether assets are maintained in the custody of a foreign banking institution, a foreign securities depository or a branch of a U.S. bank as contemplated by paragraph 3.13 hereofSection 7-M of Article II, the Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from nationalization, expropriation, currency restrictions, restrictions or acts of war xxxx or terrorism or any loss where the sub-sub- custodian has otherwise exercised reasonable carethe standard of care that a professional custodian engaged in the banking or trust company industry and having professional expertise in financial and securities processing transactions and custody would observe. Notwithstanding the foregoing provisions of this paragraph 3.10Section 7-J, in delegating custody duties to State Street London London, Ltd., or other branches or subsidiaries of the Custodian, the Custodian shall not be relieved of any responsibility to the Fund for any loss due to such delegation, except such loss as may result from (a9a) political risk (including, but not limited toto , exchange control restrictions, confiscation, expropriation, nationalization, insurrection, civil strife or armed hostilitieshostilles) or (( b) other losses (excluding a bankruptcy or insolvency of State Street London Ltd. not caused by political risk) due risk)due to Acts acts of Godgod, nuclear incident or other losses under circumstances where the Custodian and State Street London Ltd. have exercised the standard of care set forth in Article 13 hereofreasonable care.

Liability of Custodian. Except as provided in paragraph 3.9 hereof with respect to a branch or subsidiary of the Custodian, the The Custodian shall be liable for the acts or omissions of a foreign banking institution to the same extent standard of care as set forth with respect to sub-custodians generally in this Contract Exhibit 1 and, regardless of whether assets are maintained in the custody of a foreign banking institution, a foreign securities depository or a branch of a U.S. bank as contemplated by paragraph 3.13 hereof, the . The Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from nationalization, expropriation, currency restrictions, or acts of war or terrorism or any loss where the sub-custodian has otherwise exercised reasonable care. Notwithstanding the foregoing provisions of this paragraph 3.10, in delegating custody duties to State Street London Ltd., or other branches or subsidiaries of the Custodian, the Custodian shall not be relieved of any responsibility to the Fund for any loss due to such delegation, except such loss as may result from (a) political risk (including, but not limited to, exchange control restrictions, confiscation, expropriation, nationalization, insurrection, civil strife or armed hostilities) or (b) other losses (excluding a bankruptcy or insolvency of State Street London Ltd. not caused by political risk) due to Acts of God, nuclear incident or other losses under circumstances where the Custodian and State Street London Ltd. have exercised the standard of care set forth in Article 13 hereofreasonable care.

Liability of Custodian. Except as provided in paragraph 3.9 hereof with respect to a branch or subsidiary of the Custodian, the The Custodian shall be liable for the acts or omissions of a foreign banking institution or foreign trust company to the same extent as set forth with respect to sub-custodians generally in this Contract the Custodian Agreement and, regardless of or whether assets are maintained in the custody of a foreign banking institution, a foreign trust company, a foreign securities depository depository, a foreign clearing agency or a branch of a U.S. bank as contemplated by paragraph 3.13 13 hereof, the Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from nationalization, expropriation, currency restrictions, or acts of war or terrorism or any loss where the sub-custodian has otherwise exercised reasonable care. Notwithstanding the foregoing provisions of this paragraph 3.1010, in delegating custody duties to State Street London Ltd., or other branches or subsidiaries of the Custodian, the Custodian shall not be relieved of any responsibility to the Fund for any loss due to such delegation, except such loss as may result from (a) political risk (including, but not limited to, exchange control restrictions, confiscation, expropriation, nationalization, insurrection, civil strife or armed hostilities) or (b) other losses (excluding a bankruptcy or insolvency of State Street London Ltd. not caused by political risk) due to Acts of God, nuclear incident or other losses the like under circumstances where the Custodian and State Street London Ltd. have exercised the standard of care set forth in Article 13 hereofreasonable care.

Liability of Custodian. Except as provided in paragraph 3.9 hereof with respect to a branch or subsidiary of the Custodian, the The Custodian shall be liable for the acts or omissions of a foreign banking institution appointed pursuant to the provisions of Article 3 to the same extent as set forth in Article 1 hereof with respect to sub-custodians generally located in this Contract and, the United States and regardless of whether assets are maintained in the custody of a foreign banking institution, a foreign securities depository or a branch of a U.S. bank as contemplated by paragraph 3.13 3.11 hereof, the Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from or caused by the direction of or authorization by the Fund to maintain custody of any foreign securities or cash of the Fund in a foreign country including but not limited to, losses resulting from nationalization, expropriation, currency restrictions, or acts of war or terrorism or any loss where the sub-custodian has otherwise exercised reasonable careterrorism. Notwithstanding the foregoing provisions of this paragraph 3.103.9, in delegating custody duties to State Street London Ltd.Lxxxxx Xxx., or other branches or subsidiaries of the Custodian, the Custodian shall not be relieved of any responsibility xxx Xxxxxxxxx xxxxx xxx xx xxxxxxxx xx xxx xxxxxxxxxxxxxx to the Fund for any loss due to such delegation, except such loss as may result from (a) political risk (including, but not limited to, exchange control restrictions, confiscation, expropriation, nationalization, insurrection, civil strife or armed hostilities) or (b) other losses (excluding a bankruptcy or insolvency of State Street London Ltd. not caused by political risk) due to Acts of God, nuclear incident or other losses under circumstances where the Custodian and State Street London Ltd. have exercised the standard of care set forth in Article 13 hereofreasonable care.

Liability of Custodian. Except as provided in paragraph 3.9 hereof with respect to a branch or subsidiary of the Custodian, the The Custodian shall be liable for the acts or ---------------------- omissions of a foreign banking institution to the same extent as set forth with respect to sub-custodians generally in this Contract and, regardless of whether assets are maintained in the custody of a foreign banking institution, a foreign securities depository or a branch of a U.S. bank as contemplated by paragraph 3.13 hereof, the Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from nationalization, expropriation, currency restrictions, or acts of war or terrorism or any loss where the sub-custodian has otherwise exercised reasonable care. In all such respects, however, the Corporation shall have rights of subrogation or assignment as more fully described in Section 3.9 above. Notwithstanding the foregoing provisions of this paragraph 3.10, in delegating custody duties to State Street London Ltd., or other branches or subsidiaries of the Custodian, the Custodian shall not be relieved of any responsibility to the Fund Corporation for any loss due to such delegation, except such loss as may result from (a) political risk (including, but not limited to, exchange control restrictions, confiscation, expropriation, nationalization, insurrection, civil strife or armed hostilities) or (b) other losses (excluding a bankruptcy or insolvency of State Street London Ltd. not caused by political risk) due to Acts of God, nuclear incident or other losses under circumstances where the Custodian and State Street London Ltd. have exercised the standard of care set forth in Article 13 hereofreasonable care.

Liability of Custodian. Except as otherwise provided in paragraph 3.9 hereof with respect to a branch or subsidiary of the Custodianthis Section, the Custodian shall be liable for the acts or omissions of a foreign banking institution to the same extent as set forth with respect to sub-custodians generally in this Contract and, regardless of whether assets are maintained in the custody of a foreign banking institution, a foreign securities depository or a branch of a U.S. bank as contemplated by paragraph 3.13 3.12 hereof, provided, however, that the Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from nationalization, expropriation, currency restrictions, or acts of war or terrorism or any loss where similar act or event beyond the sub-custodian has otherwise exercised reasonable careCustodian's control. Notwithstanding the foregoing provisions of this paragraph 3.103.9, (i) with respect to the use by the Custodian of any foreign sub-custodian, the Custodian shall be liable to the Fund for any loss, damage, cost, expense, liability or claim resulting from such use if and to the extent caused by any negligence, misfeasance or misconduct of the Custodian or any of its agents or any its or their employees, or from any failure of the Custodian or any such agent to enforce effectively such rights as it may have against the foreign sub-custodian, (ii) in delegating custody duties to State Street London Ltd., or other branches or subsidiaries of the Custodian, the Custodian shall not be relieved of any responsibility to the Fund for any loss due to such delegation, except such loss as may result from (a) political risk (including, but not limited to, exchange control restrictions, confiscation, expropriation, nationalization, insurrection, civil strife or armed hostilities) or (b) other losses (excluding a bankruptcy or insolvency of State Street London Ltd. not caused by political risk) due to Acts of God, nuclear incident or other losses under circumstances where the Custodian and State Street London Ltd. have exercised the standard of care set forth in Article 13 hereofreasonable care.

Liability of Custodian. Except as provided in paragraph 3.9 hereof with respect to a branch or subsidiary of the Custodian, the The Custodian shall be liable for the acts or omissions of a foreign banking institution to the same extent standard of care as set forth with respect to sub-custodians generally in this Contract Exhibit 1 and, regardless of whether assets are maintained in the custody of a foreign banking institution, a foreign securities depository or a branch of a U.S. bank as contemplated by paragraph 3.13 hereof, the . The Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from nationalization, expropriation, currency restrictions, or acts of war or terrorism or any loss where the sub-custodian has otherwise exercised reasonable care. Notwithstanding the foregoing provisions of this paragraph 3.10, in delegating custody duties to State Street London Ltd., or other branches or subsidiaries of the Custodian, the Custodian shall not be relieved relieved, of any responsibility to the Fund for any loss due to such delegation, except such loss as may result from (a) political risk (including, but not limited to, exchange control restrictions, confiscation, expropriation, nationalization, insurrection, civil strife or armed hostilities) or (b) other losses (excluding a bankruptcy or insolvency of State Street London Ltd. not caused by political risk) due to Acts of God, nuclear incident or other losses under circumstances where the Custodian and State Street London Ltd. have exercised the standard of care set forth in Article 13 hereofreasonable care.

Liability of Custodian. Except as provided in paragraph 3.9 hereof with respect to a branch or subsidiary of the Custodian, the The Custodian shall be liable for the acts or omissions of a foreign banking institution to the same extent as set forth with respect to sub-custodians generally in this Contract and, regardless of whether assets are maintained in the custody of a foreign banking institution, a foreign securities depository or a branch of a U.S. bank as contemplated by paragraph 3.13 hereof, the Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from nationalization, expropriation, currency restrictions, or acts of war or terrorism or any loss where the sub-sub- custodian has otherwise exercised reasonable care. Nothing contained in any contract between the Custodian and any sub-custodian, foreign banking institution, foreign securities depository, branch of a U.S. bank or other agent shall diminish or otherwise alter the liability of the Custodian to the Fund. Notwithstanding the foregoing provisions of this paragraph 3.10, in delegating custody duties to State Street London Xxxxx Xxxxxx Xxxxxx Ltd., or other branches or subsidiaries of the Custodian, the Custodian shall not be relieved of any responsibility to the Fund for any loss due to such delegation, except such loss 1055 as may result from (a) political risk (including, but not limited to, exchange control restrictions, confiscation, expropriation, nationalization, insurrection, civil strife or armed hostilities) or (b) other losses (excluding a bankruptcy or insolvency of State Street London Ltd. not caused by political risk) due to Acts of God, nuclear incident or other losses under circumstances where the Custodian and State Street London Ltd. have exercised the standard of care set forth in Article 13 hereof.or