Common use of CONCERNING FIFTH THIRD Clause in Contracts

CONCERNING FIFTH THIRD. 1. Fifth Third shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, sustained or incurred by, or asserted against, the Company except to the extent the same arises out of the failure of Fifth Third to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall Fifth Third be liable to the Company, the Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement. 2. The Company agrees to indemnify Fifth Third and holds it harmless from and against any and all costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, sustained or incurred by or asserted against Fifth Third by reason or as a result of any action or inaction, arising out of Fifth Third's performance hereunder, provided that the Company shall not indemnify Fifth Third to the extent any such costs, expenses, damages, liabilities or claims arise out of Fifth Third's failure to exercise the reasonable care, prudence and diligence required by Section 2 of Article II hereof. 3. Fifth Third shall only have such duties as are expressly set forth herein. Without limiting the generality of the foregoing, in no event shall Fifth Third be liable for any Country Risks associated with investments in a particular country.

CONCERNING FIFTH THIRD. 1. Fifth Third shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, sustained or incurred by, or asserted against, the Company Fund except to the extent the same arises out of the failure of Fifth Third to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall Fifth Third be liable to the CompanyFund, the Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement. 2. The Company Fund agrees to indemnify Fifth Third and holds it harmless from and against any and all costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, sustained or incurred by or asserted against Fifth Third by reason or as a result of any action or inaction, arising out of Fifth Third's performance hereunder, provided that the Company Fund shall not indemnify Fifth Third to the extent any such costs, expenses, damages, liabilities or claims arise out of Fifth Third's failure to exercise the reasonable care, prudence and diligence required by Section 2 of Article II hereof. 3. Fifth Third shall only have such duties as are expressly set forth herein. Without limiting the generality of the foregoing, in no event shall Fifth Third be liable for any Country Risks associated with investments in a particular country.

CONCERNING FIFTH THIRD. 1. Fifth Third shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, sustained or incurred by, or asserted against, the Company Fund except to the extent the same arises out of the failure of Fifth Third to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall Fifth Third be liable to the CompanyFund, the Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement. 2. The Company Fund agrees to indemnify Fifth Third and holds it harmless from and against any and all costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, sustained or incurred by or asserted against Fifth Third by reason or as a result of any action or inaction, arising out of Fifth Third's performance hereunder, provided that the Company Fund shall not indemnify Fifth Third to the extent any such costs, expenses, damages, liabilities or claims arise out of Fifth Third's failure to exercise the reasonable care, prudence and diligence required by Section 2 of Article II hereof. 3. Fifth Third shall only have such duties as are expressly set forth herein. Without limiting the generality of the foregoing, in no event shall Fifth Third be liable for any Country Risks risks associated with investments in a particular country, but shall only be liable for the risks associated in placing assets of the Fund with a particular Eligible Foreign custodian selected by Fifth Third.

CONCERNING FIFTH THIRD. 1. Fifth Third shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, sustained or incurred by, or asserted against, the Company Trust except to the extent the same arises out of the failure of Fifth Third to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall Fifth Third be liable to the CompanyTrust, the Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement. 2. The Company Trust agrees to indemnify Fifth Third and holds it harmless from and against any and all costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, sustained or incurred by or asserted against Fifth Third by reason or as a result of any action or inaction, arising out of Fifth Third's performance hereunder, provided that the Company Trust shall not indemnify Fifth Third to the extent any such costs, expenses, damages, liabilities or claims arise out of Fifth Third's failure to exercise the reasonable care, prudence and diligence required by Section 2 of Article II hereof. 3. Fifth Third shall only have such duties as are expressly set forth herein. Without limiting the generality of the foregoing, in no event shall Fifth Third be liable for any Country Risks risks associated with investments in a particular country, but shall only be liable for the risks associated in placing assets of the Trust with a particular Eligible Foreign custodian selected by Fifth Third.