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

Performance of Duties and Standard of Care. In performing its duties hereunder and any other duties listed on any Schedule hereto, if any, the Bank will be entitled to receive and reasonably act upon the reasonable advice of independent counsel of its own selection, which may be counsel for the Trust, 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. In the performance of its duties hereunder, the Bank will be protected and not be liable, and will be indemnified and held harmless for any action taken or omitted to be taken by it in good faith reliance upon the terms of this Agreement, any Officers' Certificate, Proper Instructions, resolution of the Board, telegram, notice, request, certificate or other instrument reasonably believed by the Bank to be genuine and for any other loss to the Trust except in the case of its ** negligence, willful misfeasance or bad faith in the performance of its duties 25 or reckless disregard of its obligations and duties hereunder, except that as to those duties contemplated under Sections 11 and 12 which relate to fund accounting, the Bank will be held to a standard of gross negligence, willful misfeasance or bad faith in the performance of its duties or reckless disregard of its obligations and duties hereunder. 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. In performing its duties hereunder and any other duties listed on any Schedule hereto, if any, the Bank will be entitled to receive and reasonably act upon the reasonable advice of independent counsel of its own selection, which may be counsel for the TrustFund, 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. In the performance of its duties hereunder, the Bank will be protected and not be liable, and will be indemnified and held harmless for any action taken or omitted to be taken by it in good faith reliance upon the terms of this Agreement, any Officers' Certificate, Proper Instructions, resolution of the Board, telegram, notice, request, certificate or other instrument reasonably believed by the Bank to be genuine and for any other loss to the Trust genuine, except in the case of its ** gross negligence, willful misfeasance or bad faith in the performance of its duties 25 or reckless disregard of its obligations and duties hereunder, and for any other loss to the Fund, except that as to those duties contemplated under Sections 11 and 12 which relate to fund accountingin the case of its negligence, the Bank will be held to a standard of gross negligence, willful misfeasance or bad faith in the performance of its duties or reckless disregard of its obligations and duties hereunder. 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. In performing its duties hereunder and any other duties listed on any Schedule hereto, if any, the Bank will be entitled to receive and reasonably act upon the reasonable advice of independent counsel of its own selection, which may be counsel for the TrustFund, 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. In Except as otherwise expressly provided in Section 12, in the performance of its duties hereunder, the Bank will be protected and not be liable, and will be indemnified and held harmless for any action taken or omitted to be taken by it in good faith reliance upon the terms of this Agreement, any Officers' Certificate, Proper Instructions, resolution of the Board, telegram, notice, request, certificate or other instrument reasonably believed by the Bank to be genuine and for any other loss to the Trust Fund except in the case of its ** negligence, willful misfeasance or bad faith in the performance of its duties 25 or reckless disregard of its obligations and duties hereunder, except that as to those duties contemplated under Sections 11 and 12 which relate to fund accounting, the Bank will be held to a standard of gross negligence, willful misfeasance or bad faith in the performance of its duties or reckless disregard of its obligations and duties hereunder. 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. In performing FSC shall not be liable for any error of judgment or mistake of law or for any act or omission in the performance of its duties hereunder hereunder, except for willful misfeasance, bad faith or gross negligence in the performance of its duties, or by reason of its reckless disregard of its obligations and any other duties listed on any Schedule hereto, if any, the Bank hereunder. FSC will be entitled to receive and reasonably act upon the reasonable advice of independent counsel of its own selection, which may be counsel for the TrustFund, 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. In the performance of its duties hereunder, the Bank FSC will be protected and not be liable, and will be indemnified and held harmless by the Fund for any action taken or omitted to be taken by it in good faith reliance upon the terms of this Agreement, any Officers' Certificate, Proper Instructions, resolution of the Board, telegram, notice, request, certificate or other instrument reasonably believed by the Bank FSC to be genuine and for any other loss to the Trust Fund except in the case of its ** negligence, willful misfeasance or bad faith in the performance of its duties 25 or reckless disregard of its obligations and duties hereunder, except that as to those duties contemplated under Sections 11 and 12 which relate to fund accounting, the Bank will be held to a standard of FSC's gross negligence, willful misfeasance or bad faith in the performance of its duties or reckless disregard of its obligations and duties hereunder. The Bank FSC will be under no duty or obligation to inquire into and will not be liable for:

Performance of Duties and Standard of Care. In performing its duties hereunder and any other duties listed on any Schedule hereto, if any, the Bank will be entitled to receive and reasonably act upon the reasonable advice of independent counsel of its own selection, which may be counsel for the TrustFund, 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. The Bank shall at all times use reasonable care, due diligence and act in good faith in carrying out its duties under this Agreement. In the performance of its duties hereunder, the Bank will be protected and not be liable, and will be indemnified and held harmless for any action taken or omitted to be taken by it in good faith reliance upon the terms of this Agreement, any Officers' Certificate, Proper Instructions, resolution of the Board, telegram, notice, request, certificate or other instrument reasonably believed by the Bank to be genuine and for any other loss to the Trust Fund except in the case of its ** negligence, willful misfeasance or bad faith in the performance of its duties 25 or reckless disregard of its obligations and duties hereunder, except that as to those duties contemplated under Sections 11 and 12 which relate to fund accounting, the Bank will be held to a standard of gross negligence, willful misfeasance or bad faith in the performance of its duties or reckless disregard of its obligations and duties hereunder. The Bank will be under no duty or obligation to inquire into and will not be liable for: