Common use of CONCERNING BNY Clause in Contracts

CONCERNING BNY. 1. BNY 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 Funds except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the Funds, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsFund, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsFund, 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 Agreement.

CONCERNING BNY. 1. BNY shall not be liable under this Agreement for any costs, expenses, damages, liabilities or claims, including attorneys’ and accountants’ fees, sustained or incurred by, or asserted against, the Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsFund, 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 Agreement.

CONCERNING BNY. 11 . BNY 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 Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsFund, 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 Agreement.

CONCERNING BNY. 1. BNY shall not be liable under this Agreement for any costs, expenses, damages, liabilities or claims, including attorneys’ ' and accountants’ ' fees, sustained or incurred by, or asserted against, the Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsFund, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds Trust except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsTrust, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds Trust or any Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsTrust, any 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds Trust except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsTrust, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds Trusts except to the extent the same arises out of the BNY's failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsTrusts, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds Fund except to the extent the same arises out of the failure of BNY to exercise the reasonable care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsFund, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds a Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the Funds, 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 Agreement.

CONCERNING BNY. 1. BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys’ and accountants’ fees, claims sustained or incurred by, or asserted against, the Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereofhereof or a breach by BNY of its representations, warranties or covenants contained herein. In no event shall BNY be liable to the FundsFund, the Board, Board or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement.

CONCERNING BNY. 1. BNY 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 Funds any Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the Fundsany Fund, the such Fund’s Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement.

CONCERNING BNY. 1. BNY 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 Funds Trust except to the extent the same arises out of the failure of BNY to exercise the care, prudence prudence, and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsTrust, 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 Agreement.

CONCERNING BNY. 1. BNY shall not be liable under this Agreement for any costs, expenses, damages, liabilities or claims, including attorneys’ ' and accountants’ ' fees, sustained or incurred by, or asserted against, the Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event - 3 – shall BNY be liable to the FundsFund, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds Fund except to the extent the same arises out of the failure of o BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsFund, 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 Agreement.

CONCERNING BNY. Section 1. BNY 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 Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsFund, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds Fund in connection with or relating to this Agreement except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsFund, 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 Agreement.

CONCERNING BNY. 1. BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys’ and accountants’ feesfees (“Losses”), sustained or incurred by, or asserted against, the Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereofhereof (“Standard of Care”). In no event shall BNY be liable to the FundsFund, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds any Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. hereof In no event shall BNY be liable to the Fundsany Fund, the such Fund's Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement.

CONCERNING BNY. 1. BNY 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 Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsTrust, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds any Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the Fundsany Fund, the such Fund's Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement.

CONCERNING BNY. 1. BNY 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 Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II XII hereof. In no event shall BNY be liable to the FundsFund, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds each Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the Funds, 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 Agreement.

CONCERNING BNY. 1. 16.1 BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys’ and accountants’ feesfees (“Losses”), sustained or incurred by, or asserted against, the Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsFund, 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 Agreement.

CONCERNING BNY. 1. BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys’ and accountants’ fees, fees sustained or incurred by, . or asserted against, the Funds Trust except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsTrust, the Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, business arising in connection with this Agreement.

CONCERNING BNY. 1. BNY 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 Funds Fund except to the extent the same arises out of or the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsFund, the Board, or any third party for special, indirect or consequential damages, or for lost profits or loss toss of business, arising in connection with this Agreement.

CONCERNING BNY. 15. BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys’ ' and accountants’ ' fees, sustained or incurred by, or asserted against, against the Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsFund, 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 Agreement.

CONCERNING BNY. 1. BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys’ and accountants’ feesfees (“Losses”), sustained or incurred by, or asserted against, the Funds Trust except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsTrust, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsFund, the Board, or any third party for special, special indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement.

CONCERNING BNY. 1. BNY 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 Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be b liable to the FundsFund, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds Company except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsCompany, 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 Agreement.

CONCERNING BNY. 1. BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys’ and accountants’ feesfees (“Losses”), sustained or incurred by, or asserted against, the Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereofhereof (“Standard of Care”). In no event shall BNY be liable to the FundsFund, 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 Agreement.. EXECUTION COPY

CONCERNING BNY. 1. BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys’ and accountants’ fees, sustained or incurred by, or asserted against, a Fund or the Funds Trust except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to a Fund, the FundsTrust, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds Fund, except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsFund, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds Trust except to the extent the same arises out of the BNY's failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsTrust, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsFund, the Board, Board or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement.

CONCERNING BNY. 1. BNY 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 Funds Fund except to the extent the same arises out of the failure of o BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsFund, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. 11 hereof In no event shall BNY be liable to the FundsFund, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds Trust or any Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the FundsTrust, a Fund or 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds Trust, except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the Funds, 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 Agreement.

CONCERNING BNY. 1. BNY 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 Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. hereof In no event shall BNY be liable to the FundsFund, 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 Agreement.

CONCERNING BNY. 1. BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys’ ' and accountants’ fees' fee, sustained or incurred by, or asserted against, the Funds Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of the Article II hereof. In no event shall BNY be liable to the FundsFund, 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 Agreement.