Common use of Responsibility of PFPC Trust Clause in Contracts

Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund 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. As set forth herein, and as may be agreed to in writing from time to time by PFPC Trust and the Fund with regard to such matters of liability, 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, negligence or reckless disregard of its duties under this Agreement.

Appears in 2 contracts

Samples: Custodian Services Agreement (First Trust Senior Floating Rate Income Fund Ii), Custodian Services Agreement (First Trust Active Dividend Income Fund)

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Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Investment Fund or the Adviser except as specifically set forth herein or hereinor as may be specifically agreed to by PFPC Trust and the Investment Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise commercially reasonable the degree of care and diligence expected of a professional custodian of an investment company regulated under the 1940 Act in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. As set forth herein, and as may be agreed to in writing from time to time by PFPC Trust and the Fund with regard to such matters of liability, PFPC Trust shall be liable only for any damages damages, losses or reasonable expenses arising out of the failure of PFPC Trust's failure Trust or any of its affiliates to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's or any affiliate's willful misfeasance, bad faith, negligence or reckless disregard of its duties under this Agreementsuch duties.

Appears in 1 contract

Samples: Custodian Services Agreement (Multi-Strategy Hedge Opportunities LLC)

Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Investment Fund or the Adviser except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Investment Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise commercially reasonable the degree of care and diligence expected of a professional custodian of an investment company regulated under the 1940 Act in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. As set forth herein, and as may be agreed to in writing from time to time by PFPC Trust and the Fund with regard to such matters of liability, PFPC Trust shall be liable only for any damages damages, losses or reasonable expenses arising out of the failure of PFPC Trust's failure Trust or any of its affiliates to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's or any affiliate's willful misfeasance, bad faith, negligence or reckless disregard of its duties under this Agreementsuch duties.

Appears in 1 contract

Samples: Custodian Services Agreement (Multi Strategy Hedge Advantage)

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, unless the failure to take any action would constitute willful misfeasance, bad faith, gross negligence or reckless disregard of its obligations on the part of PFPC Trust. 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. As set forth herein, and as may be agreed to in writing from time to time by PFPC Trust and the Fund with regard to such matters of liability, 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 (Sage Life Investment Trust)

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Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund except as specifically set forth herein or as are reasonably incidental to those 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 commercially 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. As set forth herein, and as may be agreed to in writing from time to time by PFPC Trust and the Fund with regard to such matters of liability, 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, negligence or reckless disregard of its duties under this Agreement.this

Appears in 1 contract

Samples: Custodian Services Agreement (Warburg Pincus Trust)

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