Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 23 contracts
Samples: Form of Agreement (Acp Continuum Return Fund Ii LLC), Custodian Services Agreement (Burnham Investors Trust), Custodian Services Agreement (Acp Funds Trust)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 15 contracts
Samples: Custodian Services Agreement (First Trust Value Line R 100 Fund), Custodian Services Agreement (First Trust/Fiduciary Asset Management Covered Call Fund), Custodian Services Agreement (First Trust Four Corners Senior Floating Rate Income Fund Ii)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 13 contracts
Samples: Custodian Services Agreement (Topiary Master Fund for Benefit Plan Investors (BPI) LLC), Custodian Services Agreement (Topiary Benefit Plan Investor Fund LLC), Custodian Services Agreement (Excelsior Venture Partners Fund Iii LLC)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and hereunder, to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages agrees to indemnify and hold harmless the Fund from Losses arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 11 contracts
Samples: Custodian Services Agreement (Ubs Pw Event & Equity Fund LLC), Custodian Services Agreement (Ubs Pw Credit & Recovery Fund LLC), Custodian Services Agreement (Pw Equity Opportunity Fund LLC)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise commercially reasonable care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 8 contracts
Samples: Custodian Services Agreement (First Trust Strategic High Income Fund Iii), Custodian Services Agreement (First Trust/Aberdeen Emerging Opportunity Fund), Custodian Services Agreement (First Trust Tax-Advantaged Preferred Income Fund)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement and only to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 8 contracts
Samples: Custodian Services Agreement (Firsthand Funds), Custodian Services Agreement (Allegiant Funds), Custodian Services Agreement (Black Pearl Funds)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio Company except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund Company in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement and only to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 7 contracts
Samples: Custodian Services Agreement (Grosvenor Registered Multi-Strategy Fund (Te), LLC), Custodian Services Agreement (Grosvenor Registered Multi-Strategy Fund (Ti 2), LLC), Custodian Services Agreement (Grosvenor Registered Multi-Strategy Fund (Ti 1), LLC)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement and only to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 6 contracts
Samples: Custodian Services Agreement (Asa Hedged Equity Fund LLC), Custodian Services Agreement (Asa Market Neutral Equity Fund LLC), Form of Custodian Services Agreement (Roxbury Funds)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as necessary to fulfill its duties and obligations as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages agrees to indemnify and hold harmless the Fund from Losses arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 6 contracts
Samples: Custodian Services Agreement (Highland Corporate Opportunities Fund), Custodian Services Agreement (Highland Institutional Floating Rate Income Fund), Custodian Services Agreement (Restoration Opportunities Fund)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's Trust failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's Trust willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 4 contracts
Samples: Custodian Services Agreement (Flaherty & Crumrine/Claymore Total Return Fund Inc), Custodian Services Agreement (Flaherty & Crumrine/Claymore Total Return Fund Inc), Custodian Services Agreement (F&c/Claymore Preferred Securities Income Fund Inc)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund Partnership or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund Partnership in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement and only to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 3 contracts
Samples: Custodian Services Agreement (Hatteras Master Fund, L.P.), Custodian Services Agreement (Hatteras Multi-Strategy Fund II, L.P.), Custodian Services Agreement (Hatteras Multi-Strategy Fund I, L.P.)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio Partnership except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund Partnership in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 3 contracts
Samples: Custodian Services Agreement (Gam Avalon Multi-Global Lp), Custodian Services Agreement (Gam Avalon Multi Technology Lp), Custodian Services Agreement (Gam Avalon Multi-Europe Lp)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's ’s failure to perform its duties under this Agreement and only to the extent such damages arise out of PFPC Trust's ’s willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 2 contracts
Samples: Custodian Services Agreement (AIG Strategic Hedge Fund of Funds), Custodian Services Agreement (Rivus Bond Fund)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio Company except as necessary to fulfill its duties and obligations as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and hereunder, to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 2 contracts
Samples: Custody Agreement (Stratigos Fund LLC), Administrative Services Agreement (Alyeska Fund LLC)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise reasonable care and diligence in the performance of its duties hereunder and hereunder, to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 2 contracts
Samples: Custodian Services Agreement (Harris Insight Funds Trust), Custodian Services Agreement (Harris Insight Funds Trust)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and hereunder, to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages agrees to indemnify and hold harmless the Fund from Losses arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 2 contracts
Samples: Custodian Services Agreement (Morgan J P Hedge Fund Series/Alpha LLC), Custodian Services Agreement (Morgan J P Hedge Fund Series/Core LLC)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund Trust or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 2 contracts
Samples: Custodian Services Agreement (Hambrecht & Quist Fund Trust), Custodian Services Agreement (Hambrecht & Quist Fund Trust)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Trust or a Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund Trust in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement and only to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 2 contracts
Samples: Custodian Services Agreement (Eip Investment Trust), Custodian Services Agreement (Eip Investment Trust)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 2 contracts
Samples: Custodian Services Agreement (New Alternatives Fund Inc), Custodian Services Agreement (First Defined Portfolio Management Fund LLC)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund Funds or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund Funds in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement and only to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 2 contracts
Samples: Custodian Services Agreement (CSFB Alternative Capital Multi-Strategy Fund, LLC), Custodian Services Agreement (CSFB Alternative Capital Tactical Trading Institutional Fund, LLC)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, fraud, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 2 contracts
Samples: Custodian Services Agreement (Jp Morgan Multi-Strategy Fund LLC), Custodian Services Agreement (J P Morgan Atlas Global Long / Short Equity Fund LLC)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio Series except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and hereunder, to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 2 contracts
Samples: Foreign Custodian Services Agreement (Wt Investment Trust I), Foreign Custodian Services Agreement (Wt Mutual Fund)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio Series except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement and only to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement or any material breach of this Agreement.
Appears in 2 contracts
Samples: Custodian Services Agreement (CRM Mutual Fund Trust), Custodian Services Agreement (CRM Mutual Fund Trust)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and hereunder, to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages agrees to indemnify and hold harmless the Fund from Losses arising out of PFPC Trust's ’s failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's ’s willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 2 contracts
Samples: Custodian Services Agreement (Pw Cypress Fund LLC), Custodian Services Agreement (Ubs Pw Technology Partners LLC)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and hereunder, to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Sub Custodian Services Agreement (Wilmington Low Volatility Fund of Funds)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund Trust or any Portfolio Series except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund Trust in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement and only to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (BHR Institutional Funds)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as necessary to fulfill its duties and obligations as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages agrees to indemnify and hold harmless the Fund from Losses arising out of PFPC Trust's ’s failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's ’s willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Form of Custodian Services Agreement (Highland Special Situations Fund II)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund Trust or any Portfolio Series except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund Trust in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement and only to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (BHR Institutional Funds)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as necessary to fulfill its duties and obligations as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages agrees to indemnify and hold harmless the Fund from Losses arising out of PFPC Trust's ’s failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's ’s willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreementsuch duties.
Appears in 1 contract
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio Company except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund Company in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's ’s failure to perform its duties under this Agreement and only to the extent such damages arise out of PFPC Trust's ’s willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (UST Global Private Markets Fund, LLC)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio Company except as necessary to fulfill its duties and obligations as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and hereunder, to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (Lazard Diversified Strategies Fund LLC)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's ’s failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's ’s willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and hereunder, to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (Hilliard Lyons Investment Trust)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the a Fund or any Portfolio of its Portfolios except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the such Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder with respect to a particular Fund and to act in good faith in performing services with respect to a particular Fund provided for under this Agreement. PFPC Trust shall be liable to a Fund only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement with respect to such Fund and only to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.PFPC
Appears in 1 contract
Samples: Custodian Services Agreement (Target Portfolio Trust)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund Partnership or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and hereunder, to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages agrees to indemnify and hold harmless the Partnership from Losses arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (Pw Technology Partners Lp)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio Company except as necessary to fulfill its duties and obligations as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages agrees to indemnify and hold harmless the Company from Losses arising out of PFPC Trust's ’s failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's ’s willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (Highland Distressed Opportunities Fund, Inc.)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's negligence, willful misfeasance, bad faith, gross negligence faith or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (Monument Series Fund Inc)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement and only to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (Mezzacappa Partners, LLC)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise due care and diligence in the performance of its duties hereunder and hereunder, to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement Agreement, and shall indemnify the Fund for such damages, to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (Hillview Investment Trust Ii)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of Custodian or the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and hereunder, to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund Trust or any Portfolio Fund except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund Trust in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable to the Trust and the Funds only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as necessary to fulfill its duties and obligations as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages agrees to indemnify and hold harmless the Fund from Losses arising out of PFPC Trust's ’s failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's ’s willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (Highland Credit Strategies Fund)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio Trust except as necessary to fulfill its duties and obligations as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's ’s failure to perform its duties under this Agreement and only to the extent such damages arise out of PFPC Trust's ’s willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this AgreementAgreement (“Standard of Care”).
Appears in 1 contract
Samples: Custodian Services Agreement (Highland Capital Multi-Strategy Fund)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of Custodian or the Fund or any Portfolio Series except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and hereunder, to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Sub Custodian Services Agreement (Wt Investment Trust I)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's ’s failure to perform its duties under this Agreement and only to the extent such damages arise out of PFPC Trust's ’s willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (Wilshire Variable Insurance Trust)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as necessary to fulfill its duties and obligations as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (Advantage Advisers Multi - Sector Fund I)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and hereunder, to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (Berwyn Income Fund Inc)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio Trust except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund Trust in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement and only to the extent such damages arise out of PFPC Trust's negligence, willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreementfraud.
Appears in 1 contract
Samples: Custodian Services Agreement (Afl Cio Housing Investment Trust)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and hereunder, to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (Robertson Stephens Investment Trust)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith and use its best efforts in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, willful misconduct, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith and to use its best efforts within reasonable limits in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (Kalmar Pooled Investment Trust)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio Series except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise due care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's the willful misfeasance, willful misconduct, bad faith, gross negligence or reckless disregard of PFPC Trust or any of its Affiliates (including their respective officers, directors, agents and employees) in carrying out PFPC Trust's duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (Citigroup Alternative Investments Multi Adv Hedge Fu Por LLC)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and hereunder, to act in good faith and to use commercially reasonable efforts in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Amended and Restated Custodian Services Agreement (Eii Realty Securities Trust)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its ’s duties under this Agreement and only to the extent such damages arise out of PFPC Trust's willful misfeasance’s intentional misconduct, bad faith, gross negligence or reckless disregard of its duties under this AgreementAgreement (“Standard of Care”).
Appears in 1 contract
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's ’s failure to perform its duties under this Agreement and only to the extent such damages arise out of PFPC Trust's ’s willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (Mount Yale Opportunity Fund, LLC)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio Series except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment heretowriting. PFPC Trust shall be obligated to exercise due care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's ’s failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's the willful misfeasance, willful misconduct, bad faith, gross negligence or reckless disregard of PFPC Trust or any of its Affiliates (including their respective officers, directors and employees) in carrying out PFPC Trust’s duties under this Agreement.
Appears in 1 contract
Samples: Custodian Services Agreement (Citigroup Alternative Investments Multi Adv Hedge Fu Por LLC)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's ’s failure to perform its duties under this Agreement and only to the extent such damages arise out of PFPC Trust's ’s willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
