Custodian’s Liability. In no event shall the Custodian be liable for failure to perform its duties hereunder if such failure is a direct or proximate result of another party’s failure to perform its obligations hereunder.
Custodian’s Liability. If the mode of payment for securities to be delivered by the Custodian is not specified in the written order from the Fund directing such delivery, the Custodian shall make delivery of such securities against receipt by it of cash, a postal money order or a check drawn by a bank, trust company, or other banking institution, or by a broker named in such written order from the Fund, for the amount the Custodian is directed to receive. The Custodian shall be liable for the proceeds of any delivery of securities made pursuant to this Article, but provided that it has complied with the provisions of this Article, only to the extent that such proceeds are actually received.
Custodian’s Liability. The custodian will not be liable for any loss or damage unless it is caused by a violation of an express provision of this agreement, or by a lack of good faith in acting in compliance with this agreement.
Custodian’s Liability. (a) The Custodian shall not be liable for any loss or damage caused to Project Co or the City either jointly or severally except to the extent that such loss or damage is caused by the negligent acts or omissions of or a breach of any contractual duty by the Custodian, its employees, agents or sub- contractors, and in such event, the Custodian’s total liability in respect of all claims arising under or by virtue of this Custody Agreement shall not (except in the case of claims for personal injury or death) exceed the sum of $[REDACTED] (index-linked).
Custodian’s Liability. (a) The Custodian shall not be liable for any loss or damage caused to Project Co or the City either jointly or severally except to the extent that such loss or damage is caused by the negligent acts or omissions of or a breach of any contractual duty by the Custodian, its employees, agents or sub-contractors.
Custodian’s Liability. In taking any action called for by this Agreement, the Custodian shall be entitled in good faith to rely upon the officers' certificate (or, in the case of Sections 3A. (a) and 5(a), Authorized Instructions) and other evidence specifically called for by the appropriate section of this Agreement. The Trust, its successors and assigns shall at all times fully indemnify and save harmless the Custodian, its successors and assigns, from any and all liability whatsoever which may arise out of the obligation of the Custodian to perform the things to be done by it under this Agreement. Nothing herein shall exempt the Custodian from liability due to its own negligence or willful misconduct or the negligence or willful misconduct of a Foreign Custodian or DTC. The Custodian is not under any duty under this Agreement to provide the Trust with investment advice or to supervise (in an advisory capacity) its investments.
Custodian’s Liability. The Custodian shall have no liability whatsoever by reason of any error of judgment for any act done or step taken or omitted by it, or for any mistake of fact or law for anything which it may do or refrain from doing in connection herewith, unless caused by or arising out of its own gross negligence or willful misconduct. Furthermore, the Program Agent, SFC and Sirrom each agree to hold the Custodian harmless from any and all losses, expenses, damages and costs (including, without limitation, attorneys fees) incurred by either as a result of their execution of, or performance of their respective obligations under, this Agreement, unless however, such losses, expenses, damages and costs are caused by or arise out of the Custodian's gross negligence or willful misconduct. The provisions of this Section 2.09 shall be continuing and shall survive the termination of this Agreement.
Custodian’s Liability. The Custodian shall not be liable for the acts or omissions of its successor(s).
Custodian’s Liability. The Custodian shall have no liability whatsoever by reason of any error of judgment for any act done or step taken or omitted by it, or for any mistake of fact or law for anything which it may do or refrain from doing in connection herewith, unless caused by or arising out of its own negligence or willful misconduct. Furthermore, the LLC agrees to hold the Custodian harmless from any and all losses, expenses, damages and costs (including, without limitation, attorneys fees) incurred by either as a result of its execution of, or performance of its obligations under, this Agreement, unless however, such loss, expense, damage or cost is caused by the negligence or willful misconduct of Custodian or its employees or agents. In the event of loss, damage or destruction of a contract deposited with Custodian due to Custodian's negligence or willful misconduct, the Custodian's liability shall be limited to $1.00 per contract lost, damaged or improperly destroyed. The Custodian:
Custodian’s Liability. The Custodian shall have no liability whatsoever by reason of any error of judgment for any act done or step taken or omitted by it, or for any mistake of fact or law for anything which it may do or refrain from doing in connection herewith, unless caused by or arising out of its own negligence or willful misconduct.
