Common use of Liability of the Custodian with Respect to Proper Instructions; Evidence of Authority, Etc Clause in Contracts

Liability of the Custodian with Respect to Proper Instructions; Evidence of Authority, Etc. The Custodian shall not be liable for, and shall be indemnified by the Fund for losses or damages incurred or assessed against the Custodian as a result of, any action taken or omitted in reliance upon Proper Instructions or upon any other written notice, request, direction, instruction, certificate or other instrument believed by it to be genuine. The Custodian shall be entitled, at the expense of the Fund, to receive and act upon advice of (a) its own counsel or counsel which it selects, (b) counsel for the Fund, or (c) such other counsel as the Fund and the Custodian may agree upon, with respect to all matters. The Custodian shall be without liability for any action taken or omitted pursuant to such advice.

Liability of the Custodian with Respect to Proper Instructions; Evidence of Authority, Etc. The Custodian shall not be liable for, and shall be indemnified by the Fund Portfolio for losses or damages incurred or assessed against the Custodian as a result of, any action taken or omitted in reliance upon Proper Instructions or upon any other written notice, request, direction, instruction, certificate or other instrument believed by it to be genuine. The Custodian shall be entitled, at the expense of the FundPortfolio, to receive and act upon advice of (a) its own counsel or counsel which it selects, (b) counsel for the FundPortfolio, or (c) such other counsel as the Fund Portfolio and the Custodian may agree upon, with respect to all matters. The Custodian shall be without liability for any action taken or omitted pursuant to such advice.