Common use of CONCERNING CUSTODIAN Clause in Contracts

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the Company, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company shall be security therefor. Custodian agrees to indemnify and hold harmless the Company from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the Company's own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. The Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust elects to terminate this Agreement prior to the first anniversary of this Agreement, the Trust agrees to reimburse the Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Trust agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it the Custodian or by its the Custodian's nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Company Trust for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the CompanyTrust, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Trust shall be security therefortherefore. The Custodian agrees to indemnify and hold harmless the Company Trust from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it the Trust in connection with the performance of this Agreement, except such as may arise from the CompanyTrust's own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. For its services hereunder the Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation at such times as may from time to time be agreed upon on in writing between by the two partiesparties hereto in a Custodian Fee Agreement. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. The Custodian shall not be liable for any action taken in good faith upon any certificate custodian order or facsimile herein described or certified copy of any resolution of the BoardBoard of Directors or of the Executive Committee of the Board of Directors of the Corporation, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Corporation agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its the Custodian's or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Corporation for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyCorporation, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise PAGE 7 from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Corporation shall be security therefor. The Custodian agrees shall maintain a standard of care equivalent to indemnify that which would be required of a bailee for hire and hold harmless shall not be liable for any loss or damage to the Company Corporation resulting from all chargesparticipation in a securities depository unless such loss or damage arises by reason of any negligence, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the Company's own bad faith, negligent action, negligent failure to actmisfeasance, or willful misconductmisconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any securities depository or from use of an agent, unless such loss or damage arises by reason of any negligence, misfeasance, or willful misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any agent.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Fund agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Fund for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyFund, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Fund shall be security therefortherefore. Custodian agrees to indemnify and hold harmless the Company Fund from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreementagreement, except such as may arise from the CompanyFund's own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the relevant Series of the Company for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the Company, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Series of the Company shall be security therefortherefore. Custodian agrees to indemnify and hold harmless the Company from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreementagreement, except such as may arise from the Company's own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. For its services hereunder the Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation at such times as may from time to time be agreed upon on in writing between by the two partiesparties hereto in a Custodian Fee Agreement. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. The Custodian shall not be liable for any action taken in good faith upon any certificate custodian order or facsimile herein described described, trade affirmation report, or certified copy of any resolution of the Board or of the Executive Committee of the Board, and may rely on the genuineness of any such document which it may may, in good faith faith, believe to have been validly prepared or executed. The Company Corporation, on behalf of the Funds, agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its the Custodian's or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Company Corporation for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the CompanyCorporation, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Fund shall be security therefortherefore. The Custodian agrees shall maintain a standard of care equivalent to indemnify that which would be required of a bailee for hire and hold harmless shall not be liable for any loss or damage to the Company Corporation resulting from all chargesparticipation in a securities depository unless such loss or damage arises by reason of any negligence, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the Company's own bad faith, negligent action, negligent failure to actmisfeasance, or willful misconductmisconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any securities depository or from use of an agent, unless such loss or damage arises by reason of any negligence, misfeasance, or willful misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any agent.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Funds agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Funds for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyFunds, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Funds shall be security therefortherefore. Custodian agrees to indemnify and hold harmless the Company Funds from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreementagreement, except such as may arise from the Company's Funds' own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Trust agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyTrust, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for . Assets in the account amount of the Company taxes, charges, expenses, assessments, claims, or liabilities shall be security thereforspecifically identified and segregated as collateral for these enumerated items as agreed upon by the Trust and Custodian. Custodian agrees to indemnify and hold harmless the Company Trust from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the CompanyTrust's own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. Such fees shall become effective and begin to accrue upon the first public offering and sale of the shares of the Fund. Custodian shall not be liable for any action taken for a proper corporate purpose in good faith upon any certificate herein described provided to the custodian by a duly authorized officer or agent of the Company or a certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company agrees to indemnify and hold harmless Custodian and its nominee from all taxes (other than income and similar taxes), charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconductmisconduct or refusal or failure to comply with the terms of this Agreement. Custodian is authorized to charge any account of the Company Fund for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the Company, or in the event that Custodian or its nominee shall incur or be assessed any taxes (other than income and similar taxes), charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconductmisconduct or refusal or failure to comply with the terms of this Agreement, any property at any time held for the account of the Company shall be security therefor. Custodian agrees to indemnify and hold harmless the Company, each controlling person of the Company and their respective directors, trustees and officers (each a "Firstar Indemnitee") from all charges, expenses, assessments, claims, demands, losses, expenses and claims/liabilities (whether with or without basis in fact or law) of any and every nature (including reasonable counsel attorneys' fees) incurred which such Firstar Indemnitee may sustain or assessed incur or which may be asserted against it such Firstar Indemnitee by any person as a result of the bad faith, negligence or willful misconduct of the Custodian (or any nominee of the Custodian or any subcustodian) or any refusal or failure of the Custodian (or any such nominee or subcustodian) to comply with the terms of this Agreement in connection with the performance of the Custodian's duties under this Agreement, except such as may arise from . The trustees and shareholders of the Company's own bad faith, negligent action, negligent failure to act, Company shall not be personally liable for any of the obligations of the Fund or willful misconductthe Company under this Agreement or in connection with any matter arising under or in connection with this Agreement.

CONCERNING CUSTODIAN. For its services hereunder the Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation at such times as may from time to time be agreed upon on in writing between by the two partiesparties hereto in a Custodian Fee Agreement. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. The Custodian shall not be liable for any action taken in good faith upon any certificate custodian order or facsimile herein described or certified copy of any resolution of the BoardBoard of Directors or of the Executive Committee of the Board of Directors of the Corporation, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Corporation agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its the Custodian's or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Corporation for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyCorporation, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Corporation shall be security therefortherefore. The Custodian agrees shall maintain a standard of care equivalent to indemnify that which would be required of a bailee for hire and hold harmless shall not be liable for any loss or damage to the Company Corporation resulting from all chargesparticipation in a securities depository unless such loss or damage arises by reason of any negligence, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the Company's own bad faith, negligent action, negligent failure to actmisfeasance, or willful misconductmisconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any securities depository or from use of an agent, unless such loss or damage arises by reason of any negligence, misfeasance, or willful misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any agent.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. In addition, Firstar's conversion agreement outlines Tocqueville's consent to reimburse Firstar for any unpaid Fundamental invoices prior to the Fundamental shareholder proxy tabulation including but not limited to mutual fund services and conversion expenses. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Fund agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Funds for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyFunds, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Funds shall be security therefortherefore. Custodian agrees to indemnify and hold harmless the Company Funds from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreementagreement, except such as may arise from the Company's Funds' own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. Custodian shall use reasonable care in providing services to the Fund pursuant to this Agreement. The Company Fund agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Fund for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyFund, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Fund shall be security therefortherefore. Custodian agrees to indemnify and hold harmless the Company Fund or their nominees from all charges, expenses, assessments, claims and claims/liabilities (including reasonable counsel fees) incurred or assessed against it the fund or their nominees in connection with the performance of this Agreementagreement, except such as may arise from the Company's Fund's, or their nominees own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Fund agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Fund for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyFund, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Fund shall be security therefortherefore. Custodian agrees to indemnify and hold harmless the Company Fund from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the CompanyFund's own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two partiesCustodian and the Corporation. Until modified in writing, writing such compensation shall be as set forth in Exhibit A attached hereto. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the BoardBoard of Directors, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Corporation agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any the account of the Company any Fund for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyCorporation, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Corporation shall be security therefor. Custodian agrees to indemnify and hold harmless the Company from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the Company's own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Trust agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred by or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Trust for such items. In Custodian agrees to indemnify and hold harmless the event of any advance of cash for any purpose made by Custodian resulting Trust from orders or instructions of the Company, or in the event that Custodian or its nominee shall incur or be assessed any all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incured by or liabilities assessed against it or its nominee in connection with the performance of this Agreement, except as such as may arise from its the Trust's or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for . Custodian acknowledges that it has received notice of and accepts the account limitations upon the Trust's liability set forth in Article II of the Company shall be security thereforits Declaration of Trust. Custodian agrees that the Trust's obligations hereunder in any case shall be limited to indemnify the Trust and hold harmless its assets and that Custodian shall not seek satisfaction of any such obligation from any current or former shareholder of the Company Trust nor from all chargesany current or former Trustee, expensesofficer, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the Company's own bad faith, negligent action, negligent failure to actemployee, or willful misconductagent of the Trust.

CONCERNING CUSTODIAN. For its services hereunder the Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation at such times as may from time to time be agreed upon on in writing between by the two partiesparties hereto in a Custodian Fee Agreement. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. The Custodian shall not be liable for any action taken in good faith upon any certificate custodian order or facsimile herein described or certified copy of any resolution of the Board or of the Executive Committee of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Trust agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its the Custodian's or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Trust for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyTrust, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Trust shall be security therefor. The Custodian agrees shall maintain a standard of care equivalent to indemnify that which would be required of a bailee for hire and hold harmless shall not be liable for any loss or damage to the Company Trust resulting from all chargesparticipation in a securities depository unless such loss or damage arises by reason of any negligence, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the Company's own bad faith, negligent action, negligent failure to actmisfeasance, or willful misconductmisconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against PAGE 8 any securities depository or from use of an agent, unless such loss or damage arises by reason of any negligence, misfeasance, or willful misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any agent.

CONCERNING CUSTODIAN. For its services hereunder the Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation at such times as may from time to time be agreed upon on in writing between by the two partiesparties hereto in a Custodian Fee Agreement. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. The Custodian shall not be liable for any action taken in good faith upon any certificate custodian order or facsimile herein described or certified copy of any resolution of the Board or of the Executive Committee of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Fund agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its the Custodian's or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Fund for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyFund, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Fund shall be security therefor. The Custodian agrees shall maintain a standard of care equivalent to indemnify that which would be required of a bailee for hire and hold harmless shall not be liable for any loss or damage to the Company Fund resulting from all chargesparticipation in a securities depository unless such loss or damage arises by reason of any negligence, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the Company's own bad faith, negligent action, negligent failure to actmisfeasance, or willful misconductmisconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any securities depository or from use of an agent, unless such loss or damage arises by reason of any negligence, misfeasance, or willful misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any agent.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. Notwithstanding anything to the contrary, amounts owed by the Trust to the Bank shall only be paid out of the assets and property of the particular Fund involved. Custodian shall not be liable for any action taken in good faith and without negligence and willful misconduct upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Trust agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the Company, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconductTrust, any property at any time held for the account of the Company Trust shall be security therefor. Custodian agrees to indemnify and hold harmless the Company Trust from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the CompanyFund's own bad faith, negligent action, negligent failure to act, or willful misconduct. The Bank is hereby expressly put on notice of the limitation of shareholder liability as set forth in the Trust Instrument of the Trust and agrees that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of such series. The Bank further agrees that it shall not seek satisfaction of any such obligation from the shareholder or any individual shareholder of a series of the Trust, nor from the Trustees or any individual Trustee of the Trust.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Trust terminates this Agreement prior to the second anniversary of this Agreement, the Trust agrees to reimburse Custodian for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Trust agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or by its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Trust for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyTrust, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Trust shall be security therefortherefore. Custodian agrees to indemnify and hold harmless the Company Trust from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreementagreement, except such as may arise from the CompanyTrust's own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. For its services hereunder the Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation at such times as may from time to time be agreed upon on in writing between by the two partiesparties hereto in a Custodian Fee Agreement. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. The Custodian shall not be liable for any action taken in good faith upon any certificate custodian order or facsimile herein described or certified copy of any resolution of the BoardBoard of Directors or of the Executive Committee of the Board of Directors of the Corporation, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Corporation agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its the Custodian's or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Corporation for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyCorporation, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Corporation shall be security therefor. The Custodian agrees shall maintain a standard of care equivalent to indemnify that which would be required of a bailee for hire and hold harmless shall not be liable for any loss or damage to the Company Corporation resulting from all chargesparticipation in a securities depository unless such loss or damage arises by reason of any negligence, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the Company's own bad faith, negligent action, negligent failure to actmisfeasance, or willful misconduct.misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any securities depository or from use of an agent, unless such loss

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. Notwithstanding anything to the contrary, amounts owed by the Trust to Custodian shall only be paid out of the assets and property of the particular Fund involved. Custodian shall not be liable for any action taken in good faith and without negligence and willful misconduct upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Trust agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the Company, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconductTrust, any property at any time held for the account of the Company Trust shall be security therefor. Custodian agrees to indemnify and hold harmless the Company Trust from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the CompanyFund's own bad faith, negligent action, negligent failure to act, or willful misconduct. Custodian is hereby expressly put on notice of the limitation of shareholder liability as set forth in the Trust Instrument of the Trust and agrees that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of such series. Custodian further agrees that it shall not seek satisfaction of any such obligation from the shareholder or any individual shareholder of a series of the Trust, nor from the Trustees or any individual Trustee of the Trust.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. Notwithstanding anything to the contrary, amounts owed by the Trust to Custodian shall only be paid out of the assets and property of the particular Fund involved. Custodian shall not be liable for any action taken in good faith and without negligence and willful misconduct upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Trust agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the Company, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconductTrust, any property at any time held for the account of the Company Trust shall be security therefor. Custodian agrees to indemnify and hold harmless the Company Trust from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the CompanyFund's own bad faith, negligent action, negligent failure to act, or willful misconduct. Custodian is hereby expressly put on notice of the limitation of shareholder liability as set forth in the Trust Instrument of the Trust and agrees that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of such series. Custodian further agrees that it shall not seek satisfaction of any such obligation from the shareholder or any individual shareholder of a series of the Trust, nor from the Trust or any individual Trus of the Trust.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Fund agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faithnegligent action, negligent failure to act or willful misconduct. The Custodian agrees to indemnify and hold harmless the Fund from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from its own negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Fund for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyFund, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Fund shall be security therefor. Custodian agrees to indemnify and hold harmless the Company from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the Company's own bad faith, negligent action, negligent failure to act, or willful misconducttherefore.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. Notwithstanding anything to the contrary, amounts owed by the Trust to Custodian shall only be paid out of the assets and property of the particular Fund involved. Custodian shall not be liable for any action taken in good faith and without negligence and willful misconduct upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Trust agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the Company, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconductTrust, any property at any time held for the account of the Company Trust shall be security therefor. Custodian agrees to indemnify and hold harmless the Company Trust from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the CompanyFund's own bad faith, negligent action, negligent failure to act, or willful misconduct. Custodian is hereby expressly put on notice of the limitation of shareholder liability as set forth in the Trust Instrument of the Trust and agrees that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of such series. Custodian further agrees that it shall not seek satisfaction of any such obligation from the shareholder or any individual shareholder of a series of the Trust, nor from the Trust or any individual Trust of the Trust.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company agrees Funds agree to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Funds for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyFunds, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Funds shall be security therefortherefore. Custodian agrees to indemnify and hold harmless the Company Funds from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the Company's Funds' own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. For its services hereunder the Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation at such times as may from time to time be agreed upon on in writing between by the two partiesparties hereto in a Custodian Fee Agreement. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. The Custodian shall not be liable for any action taken in good faith upon any certificate custodian order or facsimile herein described or certified copy of any resolution of the Boardboard or of the Executive Committee of the board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. PAGE 7 The Company agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its the Custodian's or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the Company, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company shall be security therefor. The Custodian agrees shall maintain a standard of care equivalent to indemnify that which would be required of a bailee for hire and hold harmless shall not be liable for any loss or damage to the Company resulting from all chargesparticipation in a securities depository unless such loss or damage arises by reason of any negligence, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the Company's own bad faith, negligent action, negligent failure to actmisfeasance, or willful misconductmisconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any securities depository or from use of an agent, unless such loss or damage arises by reason of any negligence, misfeasance, or willful misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any agent.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writinga written agreement, executed by both parties and approved by the Board of Directors of the Fund, such compensation shall be as set forth in Exhibit A B attached hereto. The Custodian shall be entitled to charge against any money held by it for the account of the Fund the amount of any loss, damage, liability or expense, including counsel fees, for which it shall be entitled to reimbursement under the provisions of this Agreement as determined by agreement of the Custodian and the Fund or by the final order of any court or arbitrator having jurisdiction and as to which all rights to appeal have expired. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. Custodian shall be liable for no loss or damage, including counsel fees, resulting from its action or omission to act, or otherwise, except for any such loss or damage arising out of its own negligence or willful misconduct. The Company Fund agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, losses, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Fund for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyFund, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's nominees own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Fund shall be security therefortherefore. The Custodian agrees may, with respect to indemnify questions of law, apply for and hold harmless obtain the Company from all chargesadvice and opinion of counsel to the Fund at the expense of the Fund, expenses, assessments, or of its own counsel at its own expense and claims/liabilities (including reasonable counsel fees) incurred shall be fully protected with respect to anything done or assessed against omitted by it in connection good faith in conformity with advice or opinion of its counsel, unless counsel to the performance Fund shall, within a reasonable time after notification, have a differing opinion of this Agreement, except such as may arise from the Company's own bad faith, negligent action, negligent failure to act, or willful misconductquestion of law.

CONCERNING CUSTODIAN. For its services hereunder the Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation at such times as may from time to time be agreed upon on in writing between by the two partiesparties hereto in a Custodian Fee Agreement. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. The Custodian shall not be liable for any action taken in good faith upon any certificate custodian order or facsimile herein described or certified copy of any resolution of the Boardboard or of the Executive Committee of the board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its the Custodian's or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the Company, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company shall be security therefor. The Custodian agrees shall maintain a standard of care equivalent to indemnify that which would be required of a bailee for hire and hold harmless shall not be liable for any loss or damage to the Company resulting from all chargesparticipation in a securities depository unless such loss or damage arises by reason of any negligence, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the Company's own bad faith, negligent action, negligent failure to actmisfeasance, or willful misconductPAGE 8 misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any securities depository or from use of an agent, unless such loss or damage arises by reason of any negligence, misfeasance, or willful misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any agent.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Fund elects to terminate this Agreement prior to the anniversary of this Agrement, the Fund agrees to reimburse Agent for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Funds agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Funds for such itemssuchitems. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyFunds, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Funds shall be security therefortherefore. Custodian agrees to indemnify and hold harmless the Company Funds from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreementagreement, except such as may arise from the Company's Funds' own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Fund elects to terminate this Agreement prior to the first anniversary of this Agreement, the Fund agrees to reimburse Agent for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company agrees Funds agree to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Funds for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyFunds, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Funds shall be security therefortherefore. It is understood, however, that assets of one portfolio shall not be security for the obligations of another portfolio. Custodian agrees to indemnify and hold harmless the Company Funds from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreementagreement, except such as may arise from the Company's Funds' own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writinga written agreement, executed by both parties and approved by the Board, such compensation shall be as set forth in Exhibit A B attached hereto. The Custodian shall be entitled to charge against any money held by it for the account of the Funds the amount of any loss, damage, liability or expense, including counsel fees, for which it shall be entitled to reimbursement under the provisions of this Agreement as determined by agreement of the Custodian and the Funds or by the final order of any court or arbitrator having jurisdiction and as to which all rights to appeal have expired. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith and reasonably believe to have been validly executed. Custodian shall be liable for any loss or damage, including counsel fees, resulting from its action or omission to act, or otherwise, where any such loss or damage arises out of its own negligence, willful misconduct or reckless disregard of its duties. The Company agrees Funds agree to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, losses, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyFunds, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Funds shall be security therefor. The Custodian agrees may, with respect to indemnify questions of law, apply for and hold harmless obtain the Company from all chargesadvice and opinion of counsel to the Funds at the expense of the Funds, expenses, assessments, or of its own counsel at its own expense and claims/liabilities (including reasonable counsel fees) incurred shall be fully protected with respect to anything done or assessed against omitted by it in connection good faith in conformity with advice or opinion of its counsel, unless counsel to the performance of this AgreementFunds shall, except such as may arise from the Company's own bad faithwithin a reasonable time after notification, negligent action, negligent failure to act, or willful misconduct.have

CONCERNING CUSTODIAN. For its services hereunder the Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation at such times as may from time to time be agreed upon on in writing between by the two partiesparties hereto in a Custodian Fee Agreement. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. The Custodian shall not be liable for any action taken in good faith upon any certificate custodian order or facsimile herein described described, trade affirmation report, or certified copy of any resolution of the Board or of the Executive Committee of the Board, and may rely on the genuineness of any such document which it may may, in good faith faith, believe to have been validly prepared or executed. The Company Corporation, on behalf of the Fund, agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its the Custodian's or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Company Corporation for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the CompanyCorporation, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Funds shall be security therefortherefore. The Custodian agrees shall maintain a standard of care equivalent to indemnify that which would be required of a bailee for hire and hold harmless shall not be liable for any loss or damage to the Company Corporation resulting from all chargesparticipation in a securities depository unless such loss or damage arises by reason of any negligence, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the Company's own bad faith, negligent action, negligent failure to actmisfeasance, or willful misconductmisconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any securities depository or from use of an agent, unless such loss or damage arises by reason of any negligence, misfeasance, or willful misconduct of officers or employees of the Custodian, or from its failure to enforce effectively such rights as it may have against any agent.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. If the Fund elects to terminate this Agreement prior to the first anniversary of this Agreement, the Fund agrees to reimburse Agent for the difference between the standard fee schedule and the discounted fee schedule agreed to between the parties. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company agrees Funds agree to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Funds for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyFunds, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Funds shall be security therefortherefore. Custodian agrees to indemnify and hold harmless the Company Funds from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreementagreement, except such as may arise from the Company's Funds' own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between among the two partiesparties hereto. Until modified in writing, writing such compensation shall be as set forth in Exhibit A B attached hereto. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the BoardBoard of Trustees, and may rely on the genuineness of any such document which it may in good faith believe believe-to have been validly executed. The Company Fund agrees to indemnify reimburse and hold harmless make Custodian and its nominee whole from all taxes, charges, expenses, assessments, claims claims, and liabilities (including reasonable counsel attorney's fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its Custodian's or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyFund, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, Agreement (except such as may arise from its Custodian or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, and excluding any compensation payable by the Fund to Custodian hereunder), any property at any time held for the account of the Company Fund shall be security therefor. Custodian agrees to shall reimburse, indemnify and hold harmless make the Company from all chargesFund whole for any actual loss or damages, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance fees and expenses of this Agreementcounsel, except such as may arise arising from the CompanyCustodian's own bad faith, negligent action, negligent failure to act, act or its willful misconduct.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such The Custodian’s compensation shall be as set forth agreed in Exhibit A attached heretowriting from time to time. In addition, the Custodian shall will be entitled to receive from the Trust on demand reimbursement for cash disbursements, costs and expenses in connection with the miscellaneous charges such as postage, insurance and transfer taxes incurred in the transfer of securities. The Custodian may not charge such disbursements, costs and expenses against any money held in the name of the Trust. The IBD and the Custodian will not be liable for any action taken in good faith upon any proper instruction, certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such instruction or document which it or they may in good faith believe to have been validly executed. The Company Trust agrees to indemnify and hold harmless the IBD, Custodian and its nominee nominee, and their respective employees, agents, officers and directors from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it the IBD, Custodian or by its the Custodian’s nominee in connection with the performance of this Agreement, except such as may arise from its the IBD’s or Custodian’s or its nominee's ’s, or their respective employee’s, agent’s, officer’s or director’s own bad faith, grossly negligent action, grossly negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Company Trust for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of the CompanyTrust, or in the event that the Custodian or its nominee shall incur incurs or be is assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's ’s own bad faith, grossly negligent action, grossly negligent failure to act or willful misconduct, any property at any time held for the account of the Company shall Trust will be security therefortherefore. Custodian agrees shall not be obligated to indemnify and hold harmless the Company from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the Company's own bad faith, negligent action, negligent failure to act, or willful misconductmake any advance hereunder.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. Custodian shall not be liable for any action taken in good faith and without negligence and willful misconduct upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the relevant Series of the Company for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the Company, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company shall be security therefor. Custodian agrees to indemnify and hold harmless the Company from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the CompanyFund's own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. Notwithstanding anything to the contrary, amounts owed by the Company to FBM shall only be paid out of the assets and property of the particular Fund involved. Custodian shall not be liable for any action taken in good faith and without negligence and willful misconduct upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the Company, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company shall be security therefor. Custodian agrees to indemnify and hold harmless the Company from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreement, except such as may arise from the CompanyFund's own bad faith, negligent action, negligent failure to act, or willful misconduct. FBM is hereby expressly put on notice of the limitation of shareholder liability as set forth in the Company Instrument of the Company and agrees that obligations assumed by the Company pursuant to this Agreement shall be limited in all cases to the Company and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of such series. FBM further agrees that it shall not seek satisfaction of any such obligation from the shareholder or any individual shareholder of a series of the Company, nor from the Company or any individual Company of the Company.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company Trust agrees to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Fund for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyTrust, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Trust shall be security therefor to the extent therefor, and should the Fund fail to repay the Custodian promptly, the Custodian shall be entitled to utilize available cash and to dispose of the Fund's assets to the extent necessary to obtain reimbursement. Custodian agrees to indemnify and hold harmless the Company Trust from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the its performance of this Agreement, except such as may arise from the CompanyTrust's own bad faith, negligent action, negligent failure to act, or willful misconduct.

CONCERNING CUSTODIAN. Custodian shall be paid as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. . Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. The Company agrees Funds agree to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including reasonable counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Company Funds for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of the CompanyFunds, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own bad faith, negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the Company Funds shall be security therefortherefore. Custodian agrees to indemnify and hold harmless each of the Company Funds from all charges, expenses, assessments, and claims/liabilities (including reasonable counsel fees) incurred or assessed against it in connection with the performance of this Agreementagreement, except such as may arise from the Company's Funds' own bad faith, negligent action, negligent failure to act, or willful misconduct.