Common use of CONCERNING CUSTODIAN Clause in Contracts

CONCERNING CUSTODIAN. (a) Except as otherwise expressly provided herein, Custodian shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees (collectively, "Losses"), incurred by or asserted against a Fund, except those Losses arising out of Custodian's own negligence, bad faith or willful misconduct. Custodian shall have no liability whatsoever for the action or inaction of any Depositories, or, except to the extent such action or inaction is a direct result of the Custodian's failure to fulfill its duties hereunder, of any Foreign Depositories. With respect to any Losses incurred by the Fund as a result of the acts or any failures to act by any Depository, Foreign Depository or Subcustodian (other than a BNY Affiliate), Custodian shall take appropriate action to recover such Losses from such Subcustodian, Depository or Foreign Depository; and Custodian's sole responsibility and liability to the Fund shall be limited to amounts so received from such Subcustodian, Depository or Foreign Depository (exclusive of costs and expenses incurred by Custodian), except to the extent that (A) Custodian's negligence, bad faith or willful misconduct is the direct cause of such Subcustodian, Depository, or Foreign Depository's act or omission (it being agreed that Custodian's decision to use any Subcustodian, Depository or Foreign Depository shall not constitute negligence, bad faith or willful misconduct), or

CONCERNING CUSTODIAN. (a) Except as otherwise expressly provided herein, Custodian shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees (collectively, "Losses"), incurred by or asserted against a the Fund, except those Losses arising out of Custodian's own negligence, bad faith negligence or willful misconduct. Custodian shall have no liability whatsoever for the action or inaction of any Depositories, or, except to the extent such action or inaction is a direct result of the Custodian's failure to fulfill its duties hereunder, of any Foreign Depositories. With respect to any Losses incurred by the Fund as a result of the acts or any failures to act by any Depository, Foreign Depository or Subcustodian (other than a BNY Affiliate), Custodian shall take appropriate action to recover such Losses from such Subcustodian, Depository or Foreign Depository; and Custodian's sole responsibility and liability to the Fund shall be limited to amounts so received from such Subcustodian, Depository or Foreign Depository Subcustodian (exclusive of costs and expenses incurred by Custodian), except . In no event shall Custodian be liable to the extent that (A) Custodian's negligenceFund or any third party for special, bad faith indirect or willful misconduct is the direct cause of such Subcustodian, Depositoryconsequential damages, or Foreign Depository's act lost profits or omission loss of business, arising in connection with this Agreement, nor shall BNY or any Subcustodian be liable: (it being agreed that Custodian's decision I) for acting in accordance with any Certificate or Oral Instructions actually received by Custodian and reasonably believed by Custodian to use any Subcustodian, Depository or Foreign Depository shall not constitute negligence, bad faith or willful misconduct), orbe given by an Authorized Person; (II) for acting in accordance with Instructions without reviewing the same;

CONCERNING CUSTODIAN. (a) Except as otherwise expressly provided herein, Custodian shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees (collectively, "Losses"), incurred by or asserted against a the Fund, except those Losses arising out of Custodian's own negligence, bad faith negligence or willful misconduct. Custodian shall have no liability whatsoever for the action or inaction of any Depositories, or, except to the extent such action or inaction is a direct result of the Custodian's failure to fulfill its duties hereunder, of any Foreign Depositories. With respect to any Losses incurred by the Fund as a result of the acts or any failures to act by any Depository, Foreign Depository or Subcustodian (other than a BNY Affiliate), Custodian shall take appropriate action to recover such Losses from such Subcustodian, Depository or Foreign Depository; and Custodian's sole responsibility and liability to the Fund shall be limited to amounts so received from such Subcustodian, Depository or Foreign Depository Subcustodian (exclusive of costs and expenses incurred by Custodian), except . In no event shall Custodian be liable to the extent that (A) Custodian's negligenceFund or any third party for special, bad faith indirect or willful misconduct is the direct cause of such Subcustodian, Depositoryconsequential damages, or Foreign Depository's act lost profits or omission loss of business, arising in connection with this Agreement, nor shall BNY or any Subcustodian be liable: (it being agreed that Custodian's decision i) for acting in accordance with any Certificate or Oral Instructions actually received by Custodian and reasonably believed by Custodian to use any Subcustodian, Depository or Foreign Depository shall not constitute negligence, bad faith or willful misconduct), orbe given by an Authorized Person; (ii) for acting in accordance with Instructions without reviewing the same;

CONCERNING CUSTODIAN. (a) Except as otherwise expressly provided herein, Custodian shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees (collectively, "Losses"), incurred by or asserted against a the Fund, except those Losses arising out of Custodian's own negligence, bad faith negligence or willful misconduct. Custodian shall have no liability whatsoever for the action or inaction of any Depositories or of any Foreign Depositories, or, except in each case to the extent such action or inaction is a direct result of the Custodian's failure to fulfill its duties hereunder, of any Foreign Depositories. With respect to any Losses incurred by the Fund as a result of the acts or any failures to act by any Depository, Foreign Depository or Subcustodian (other than a BNY Affiliate), Custodian shall take appropriate action to recover such Losses from such Subcustodian, Depository or Foreign Depository; and Custodian's sole responsibility and liability to the Fund shall be limited to amounts so received from such Subcustodian, Depository or Foreign Depository Subcustodian (exclusive of costs and expenses incurred by Custodian), except . In no event shall Custodian be liable to the extent that (A) Custodian's negligenceFund or any third party for special, bad faith indirect or willful misconduct is the direct cause of such Subcustodian, Depositoryconsequential damages, or Foreign Depository's act lost profits or omission loss of business, arising in connection with this Agreement, nor shall BNY or any Subcustodian be liable: (it being agreed that Custodian's decision i) for acting in accordance with any Certificate or Oral Instructions actually received by Custodian and reasonably believed by Custodian to use any Subcustodian, Depository or Foreign Depository shall not constitute negligence, bad faith or willful misconduct), orbe given by an Authorized Person; (ii) for acting in accordance with Instructions without reviewing the same;