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 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 Fund, the Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement.

CONCERNING 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 Fund 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 FundTrust, the Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement.

CONCERNING 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 Fund 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 FundCompany, the Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement.

CONCERNING FIFTH THIRD. 11 . 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 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 Fund, the Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement.