Actions Prohibited by Applicable Law, Etc. In no event shall the Custodian incur liability hereunder if any Person is prevented, forbidden or delayed from performing, or omits to perform, any act that this Agreement provides shall be performed or omitted to be performed, by reason of: (i) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, or of any foreign country, or political subdivision thereof or of any court of competent jurisdiction; or (ii) any act of God or war or other similar circumstance beyond the control of the Custodian, unless and to the extent that, in each case, such delay or nonperformance is caused by (1) the negligence, fraud, willful default or willful misconduct of the applicable Person, or (2) a malfunction or failure of equipment operated or used by the applicable Person other than a malfunction or failure beyond such Person’s control that could not reasonably be anticipated and/or prevented by such Person.
Appears in 21 contracts
Samples: Investment Management Agreement (BlackRock Multi-Sector Opportunities Trust II), Agreement Between State Street Bank and Trust Company and Investment Companies (Blackrock Muniyield New Jersey Fund, Inc.), Investment Management Agreement (BlackRock Fixed Income Value Opportunities II)
Actions Prohibited by Applicable Law, Etc. In no event shall the Custodian incur liability hereunder if any Person is prevented, forbidden or delayed from performing, or omits to perform, any act that this Agreement provides shall be performed or omitted to be performed, by reason of: (i) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, or of any foreign country, or political subdivision thereof or of any court of competent jurisdiction; or (ii) any act of God or war or other similar circumstance beyond the control of the Custodian, unless and to the extent that, in each case, such delay or nonperformance is caused by (1) the negligence, fraud, willful default or willful misconduct of the applicable Person, or (2) a malfunction or failure of equipment operated or used by the applicable Person other than a malfunction or failure beyond such Person’s 's control that could not reasonably be anticipated and/or prevented by such Person.
Appears in 18 contracts
Samples: Agreement Between State Street Bank and Trust Company and Investment Companies (Blackrock Municipal Income Investment Trust), Agreement Between State Street Bank and Trust Company and Each of the Investment Companies (Blackrock Muniyield Michigan Quality Fund, Inc.), Agreement Between State Street Bank and Trust Company and Investment Companies (Blackrock Muniholdings New Jersey Quality Fund, Inc.)
