Common use of LIMITATION OF LIABILITY OF CUSTODIAN Clause in Contracts

LIMITATION OF LIABILITY OF CUSTODIAN. A. Custodian shall at all times use reasonable care and due diligence and act in good faith in performing its duties under this Agreement. Custodian shall hold harmless and indemnify Fund from and against any loss or liability arising out of Custodian's negligence, willful misconduct, or bad faith. Custodian shall not be responsible for, and the Fund shall indemnify and hold Custodian harmless from and against, any loss or liability arising out of actions taken by Custodian pursuant to this Agreement or any instructions provided to it hereunder, provided that Custodian has acted in good faith and with due diligence and reasonable care. Neither party shall be liable to the other for consequential, special or punitive damages. Custodian may request and obtain the advice and opinion of counsel for Fund, or of its own counsel with respect to questions or matters of law, and it shall be without liability to Fund for any action taken or omitted by it in good faith, in conformity with such advice or opinion. If Custodian reasonably believes that it could not prudently act according to the instructions of the Fund or the Fund's counsel, it may in its discretion, with notice to the Fund, not act according to such instructions.