Common use of LIABILITY OF THE CUSTODIAN Clause in Contracts

LIABILITY OF THE CUSTODIAN. 1. The Custodian shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, sustained or incurred by, or asserted against, the Fund except to the extent the same arises out of the failure of the Custodian to exercise the care, prudence and diligence required of the Custodian under this Foreign Custody Manager Agreement. In no event shall the Custodian be liable to the 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 Foreign Custody Manager Agreement.

LIABILITY OF THE CUSTODIAN. 1. The Custodian shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' attorneys and accountants' ’ fees, sustained or incurred by, or asserted against, the Fund except to the extent the same arises out of the failure of the Custodian to exercise the care, prudence and diligence required of the Custodian under this Foreign Custody Manager Agreement. In no event shall the Custodian be liable to the Fund, 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 the Foreign Custody Manager Agreement.