Common use of General Standard of Care Clause in Contracts

General Standard of Care. The Custodian shall exercise reasonable care, prudence and diligence in carrying out all of its duties and obligations under this Agreement (or such higher standard, if any, under Rule 17f-4), and shall be liable to each Fund for all losses, damages and expenses suffered or incurred by such Fund or its Portfolio(s) resulting from the failure of the Custodian to exercise such reasonable care and diligence (or to comport with such higher standard of care under Rule 17f-4, if any).

Appears in 42 contracts

Samples: Custodian Agreement (Variable Insurance Products Fund VI), Custodian Agreement (Fidelity Private Credit Fund), Custodian Agreement (Fidelity Greenwood Street Trust)

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General Standard of Care. The Custodian shall exercise reasonable care, prudence and diligence in carrying out all of its duties and obligations under this Agreement (or such higher standard, if any, under Rule 17f-417f 4), and shall be liable to each Fund for all losses, damages and expenses suffered or incurred by such Fund or its Portfolio(s) resulting from the failure of the Custodian to exercise such reasonable care and diligence (or to comport with such higher standard of care under Rule 17f-4, if any).

Appears in 2 contracts

Samples: Custodian Agreement (Fidelity Rutland Square Trust II), Custodian Agreement (Fidelity Commonwealth Trust II)

General Standard of Care. The Custodian shall exercise reasonable care, prudence care and diligence in carrying out all of its duties and obligations under this Agreement (or such higher standard, if any, under Rule 17f-4)Agreement, and shall be liable to each a Fund for all losses, damages and reasonable costs and expenses (including but not limited to reasonable attorneys fees) suffered or incurred by such Fund or its Portfolio(s) resulting from the failure of the Custodian to exercise such reasonable care and diligence (or to comport with such higher standard of care under Rule 17f-4diligence; provided, if any)however, in no event shall the Custodian be liable for consequential damages.

Appears in 1 contract

Samples: Custody Agreement (Van Wagoner Funds Inc)

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General Standard of Care. The Custodian shall exercise reasonable carediligence, prudence and diligence reasonable care in carrying out all of its duties and obligations under this Agreement (or such higher standard, if any, under Rule 17f-4)Agreement, and shall be liable to each Fund for all losses, damages and expenses (including, but not limited to, attorneys' fees and costs) suffered or incurred by such Fund or its Portfolio(s) resulting from the failure of the Custodian to exercise such diligence, prudence and reasonable care and diligence (or to comport with such higher standard of care under Rule 17f-4, if any)care.

Appears in 1 contract

Samples: Custodian Agreement (MFS Series Trust Ii)

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