Common use of Custodian Limitation on Liability Clause in Contracts

Custodian Limitation on Liability. The Custodian’s duties shall be limited to those expressly stated under this agreement or as imposed by the Code or other applica- ble law. The Custodian acts in a nondiscretionary capacity and has no fiduciary capacity or authority with respect to any matter involv- ing the Account or the Account assets, including but not acts in a non-discretionary capacity and has no fiduciary capacity or author- ity with respect to any matter involving the Plan or the Plan assets, including but not limited to 1) the appointment and retention of the Financial Representative; 2) the selection and retention of Plan investments; and 3) the selection of Plan assets in order to make distributions from the Plan whether in cash or in kind. The Custo- dian shall not be liable for the acts or omissions of the Participant or his agent or of the sponsor of any investment. The Custodian shall not have any responsibility nor any liability for any loss of income or of capital, nor for any expense which the Custodian may incur, relating to any investment, or to the sale or exchange of any asset which the Participant or his authorized agent directs the Custodian to make. The Custodian will not act as an investment advisor to a Participant and shall not have any duty to question the Partici- pant’s or his authorized agent’s directions regarding the purchase, retention or sale of any asset or appointment of agent. The Custo- dian shall not incur any liability by reason of any action taken or not taken by the Participant or his authorized agent resulting from the Custodian transmitting or not transmitting to the Participant or his authorized agent any information of any kind and from wher- ever derived concerning the authorized agent or concerning any investment. The Custodian shall not assume or incur any liability by reason of, or have any duty or responsibility to inquire into, or take action with respect to, any acts performed or not performed by the former Trustee/Custodian of any plan which has transferred all or any portion of its assets to the Custodian of this Account. The Custodian shall render no tax, legal, investment or other advice (and no statement, communication or other act by the Custodian or any of its employees or agents shall be deemed to constitute or may be relied upon as any such advice) with respect to any invest- ment or transaction involving the Account. PENSCO’s “custodial duties” are limited to receiving the Partici- pant’s funds for investment from Participant or their Designated Representative or Financial Representative, following the Partici- pant’s, Designated Representative’s or Financial Representative’s reasonable written instructions and carrying out the ministerial duties set forth in the Custodial Agreement. PENSCO Trust shall be authorized, and shall have the responsibility only to follow the written instructions of the Participant and/or the Participant’s Desig- nated Representative or Financial Representative as expressly provided in this Custodial Agreement. Participant acknowledges that it is the Participant’s duty and responsibility to ensure that any documents relating to any invest- ment are signed, recorded, genuine, legally enforceable and/or sufficient to give rise to a legal interest. Participant acknowledges that PENSCO shall have no duty or responsibility for such actions.

Custodian Limitation on Liability. The Custodian’s duties shall be limited to those expressly stated under this agreement or as imposed by the Code or other applica- ble appli- cable law. The Custodian acts in a nondiscretionary capacity and has no fiduciary capacity or authority with respect to any matter involv- ing involving the Account or the Account assets, including but not acts in a non-discretionary capacity and has no fiduciary capacity or author- ity authority with respect to any matter involving the Plan or the Plan assets, including but not limited to 1) the appointment and retention reten- tion of the Financial Representative; 2) the selection and retention reten- tion of Plan investments; and 3) the selection of Plan assets in order to make distributions from the Plan whether in cash or in kind. The Custo- dian Custodian shall not be liable for the acts or omissions of the Participant Responsible Individual or his agent or of the sponsor of any investmentinvest- ment. The Custodian shall not have any responsibility nor any liability liabil- ity for any loss of income or of capital, nor for any expense which the Custodian may incur, relating to any investment, or to the sale or exchange of any asset which the Participant Responsible Individual or his authorized agent directs the Custodian to make. The Custodian will not act as an investment advisor to a Participant Responsible Individual and shall not have any duty to question the Partici- pantResponsible Individual’s or his authorized agent’s directions regarding the purchase, retention or sale of any asset or appointment of agent. The Custo- dian Custodian shall not incur any liability by reason of any action taken or not taken by the Participant Responsible Individual or his authorized agent resulting from the Custodian transmitting or not transmitting to the Participant Respon- sible Individual or his authorized agent any information of any kind and from wher- ever wherever derived concerning the authorized agent or concerning any investment. The Custodian shall not assume or incur any liability by reason of, or have any duty or responsibility to inquire into, or take action with respect to, any acts performed or not performed by the former Trustee/Custodian of any plan which has transferred all or any portion of its assets to the Custodian of this Account. The Custodian shall render no tax, legal, investment or other advice (and no statement, communication or other act by the Custodian or any of its employees or agents shall be deemed to constitute or may be relied upon as any such advice) with respect to any invest- ment or transaction involving the Account. PENSCOXXXXXX’s “custodial duties” are limited to receiving the Partici- pantDeposi- tor’s funds for investment from Participant Depositor or their Designated Representative or Financial Representativea Responsible Indi- vidual, following the Partici- pant’s, Designated Representative’s or Financial Representative’s reasonable written instructions and carrying out the ministerial duties set forth in the Custodial Agreement. PENSCO Trust shall be authorized, and shall have the responsibility responsibil- ity only to follow the written instructions of the Participant and/or the Participant’s Desig- nated Representative Depositor or Financial Representative Respon- sible Individual, as expressly provided in this Custodial Agreement. Participant Depositor acknowledges that it is the ParticipantDepositor’s duty and responsibility respon- sibility to ensure that any documents relating to any invest- ment investment are signed, recorded, genuine, legally enforceable and/or sufficient to give rise to a legal interest. Participant Depositor acknowledges that PENSCO shall have no duty or responsibility for such actions.

Custodian Limitation on Liability. The Custodian’s duties shall be limited to those expressly stated under this agreement or as imposed by the Code or other applica- ble applicable law. The Custodian acts in a nondiscretionary capacity and has no fiduciary capacity or authority with respect to any matter involv- ing the Account or the Account assets, including but not acts in a non-discretionary capacity and has no fiduciary capacity or author- ity authority with respect to any matter involving the Plan or the Plan assets, including but not limited to 1) the appointment and retention of the Designated Representative or Financial Representative; 2) the selection and retention of Plan investments; and 3) the selection of Plan assets in order to make distributions from the Plan whether in cash or in kind. The Custo- dian Custodian shall not be liable for the acts or omissions of the Participant or his agent or of the sponsor of any investment. The Custodian shall not have any responsibility nor any liability for any loss of income or of capital, nor for any expense which the Custodian may incur, relating to any investment, or to the sale or exchange of any asset which the Participant or his authorized agent directs the Custodian to make. The Custodian will not act as an investment advisor to a Participant and shall not have any duty to question the Partici- pantParticipant’s or his authorized agent’s directions regarding the purchase, retention or sale of any asset or appointment of agent. The Custo- dian Custodian shall not incur any liability by reason of any action taken or not taken by the Participant or his authorized agent resulting from the Custodian transmitting or not transmitting to the Participant or his authorized agent any information of any kind and from wher- ever wherever derived concerning the authorized agent or concerning any investment. The Custodian shall not assume or incur any liability by reason of, or have any duty or responsibility to inquire into, or take action with respect to, any acts performed or not performed by the former Trustee/Custodian of any plan which has transferred all or any portion of its assets to the Custodian of this Account. The Custodian shall render no tax, legal, legal investment or other advice (and no statement, communication or other act by the Custodian or any of its employees or agents shall be deemed to constitute or may be relied upon as any such advice) with respect to any invest- ment investment or transaction involving the Account. PENSCOThe Custodian’s “custodial duties” are limited to receiving the Partici- pantParticipant’s funds for or investment from Participant or their Designated Representative or Financial Representative, following the Partici- pant’s, Participant’s or their Designated Representative’s Representative or Financial Representative’s reasonable written instructions and carrying out the ministerial duties set forth in the this Custodial Agreement. PENSCO Trust The Custodian shall be authorized, and shall have the responsibility responsibility, only to follow the written instructions of the Participant and/or the Participant’s Desig- nated Designated Representative or Financial Representative or as expressly provided in this Custodial Agreement. Participant acknowledges that it is the Participant’s duty and responsibility to ensure that any documents relating to any invest- ment investment are signed, recorded, genuine, legally enforceable and/or sufficient to give rise to a legal interest, including but not limited to title or a security interest. Participant acknowledges that PENSCO the Custodian shall have no duty or responsibility for to take such actions.

Custodian Limitation on Liability. The Custodian’s duties shall be limited to those expressly stated under this agreement or as imposed by the Code or other applica- ble appli- cable law. The Custodian acts in a nondiscretionary capacity and has no fiduciary capacity or authority with respect to any matter involv- ing the Account or the Account assets, including but not acts in a non-discretionary capacity and has no fiduciary capacity or author- ity with respect to any matter involving the Plan or the Plan assets, including but not limited to 1) the appointment and retention of the Financial Representative; 2) the selection and retention of Plan investments; and 3) the selection selec- tion of Plan assets in order to make distributions from the Plan whether in cash or in kind. The Custo- dian Custodian not be shall not be liable for the acts or omissions of the Participant or his agent or of the sponsor spon- sor of any investment. The Custodian shall not have any responsibility respon- sibility nor any liability for any loss of income or of capital, nor for any expense which the Custodian may incur, relating to any investmentinvest- ment, or to the sale or exchange of any asset which the Participant or his authorized agent directs the Custodian to make. The Custodian Custo- dian will not act as an investment advisor to a Participant and shall not have any duty to question the Partici- pantParticipant’s or his authorized agent’s directions regarding the purchase, retention or sale of any asset or appointment of agent. The Custo- dian Custodian shall not incur any liability by reason of any action taken or not taken by the Participant Partici- pant or his authorized agent resulting from the Custodian transmitting transmit- ting or not transmitting to the Participant or his authorized agent any information of any kind and from wher- ever wherever derived concerning the authorized agent or concerning any investment. The Custodian shall not assume or incur any liability by reason of, or have any duty or responsibility to inquire into, or take action with respect to, any acts performed or not performed by the former Trustee/Custodian of any plan which has transferred all or any portion of its assets to the Custodian of this Account. The Custodian shall render no tax, legal, legal investment or other advice (and no statement, communication communica- tion or other act by the Custodian or any of its employees or agents shall be deemed to constitute or may be relied upon as any such advice) with respect to any invest- ment investment or transaction involving the Account. PENSCO’s “custodial duties” are limited to receiving the Partici- pant’s funds for investment from Participant or their Designated Representative or Financial Representative, following the Partici- pant’s, Designated Representative’s or Financial Representative’s reasonable written instructions and carrying out the ministerial duties set forth in the Custodial Agreement. PENSCO Trust shall be authorized, and shall have the responsibility only to follow the written instructions of the Participant and/or the Participant’s Desig- nated Representative or Financial Representative as expressly provided in this Custodial Agreement. Participant acknowledges that it is the Participant’s duty and responsibility to ensure that any documents relating to any invest- ment are signed, recorded, genuine, legally enforceable and/or sufficient to give rise to a legal interest. Participant acknowledges that PENSCO shall have no duty or responsibility for such actions.