Common use of LIMITATION OF LIABILITY OF STATE STREET Clause in Contracts

LIMITATION OF LIABILITY OF STATE STREET. A. State Street shall at all times use reasonable care and due diligence and act in good faith in performing its duties under this Agreement. PIMCO and each Fund is not responsible or liable for, and State Street will indemnify and hold PIMCO and each Fund harmless from and against, any and all costs, expenses, losses, damages, charges, counsel fees, payments and liabilities which may be asserted against or incurred by PIMCO or any Fund or for which PIMCO or any Fund may be held to be liable, arising out of or attributable to State Street’s failure to comply with the terms of this Agreement or arising out of State Street’s (or its agents’ or delegees’) negligence, willful misconduct, or bad faith.

Appears in 9 contracts

Samples: Investment Accounting Agreement (PIMCO California Flexible Municipal Income Fund), Investment Accounting Agreement (PIMCO Access Income Fund), Investment Accounting Agreement (PIMCO Flexible Emerging Markets Income Fund)

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LIMITATION OF LIABILITY OF STATE STREET. A. State Street shall at all times use reasonable care and due diligence and act in good faith in performing its duties under this Agreement. Neither PIMCO and each nor Fund is not responsible or liable for, and State Street will indemnify and hold PIMCO and each Fund harmless from and against, any and all costs, expenses, losses, damages, charges, counsel fees, payments and liabilities which may be asserted against or incurred by PIMCO or any Fund or for which PIMCO or any Fund may be held to be liable, arising out of or attributable to State Street’s 's failure to comply with the terms of this Agreement or arising out of State Street’s 's (or its agents' or delegees') negligence, willful misconduct, or bad faith.

Appears in 2 contracts

Samples: Custody and Investment Accounting Agreement (Pimco Fixed Income Shares), Custody and Investment Accounting Agreement (Pimco Fixed Income Shares)

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LIMITATION OF LIABILITY OF STATE STREET. A. State Street shall at all times use reasonable care and due diligence and act in good faith in performing its duties under this Agreement. PIMCO and each Fund is not responsible or liable for, and State Street will indemnify and hold PIMCO and each Fund harmless from and against, any and all costs, expenses, losses, damages, charges, counsel fees, payments and liabilities which may be asserted against or incurred by PIMCO or any Fund or for which PIMCO or any Fund may be held to be liable, arising out of or attributable to State Street’s 's failure to comply with the terms of this Agreement or arising out of State Street’s 's (or its agents' or delegees') negligence, willful misconduct, or bad faith.

Appears in 1 contract

Samples: Investment Accounting Agreement (Pimco Funds Multi Manager Series)

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