Common use of Limitation of Liability of the Market Agent Clause in Contracts

Limitation of Liability of the Market Agent. The Market Agent shall not be liable in contract, tort or otherwise to the Trust for any losses, costs or damages arising out of its performance of its obligations and duties hereunder except for willful misconduct or negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder.

Limitation of Liability of the Market Agent. The ------------------------------------------- Market Agent shall not be liable in contract, tort or otherwise to the Trust for any losses, costs or damages arising out of its performance of its obligations and duties hereunder except for willful misconduct misconduct, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder.

Limitation of Liability of the Market Agent. The Market Agent shall not be liable in contract, tort or otherwise to the Trust Custodian, the Owners, the Beneficial Owners, or the Company for any losses, costs or damages arising out of its performance of its obligations and duties hereunder under the Custody Agreement except for willful misconduct or negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunderunder the Custody Agreement.

Limitation of Liability of the Market Agent. The Market Agent shall not be liable in contract, tort or otherwise to the Trust for any losses, costs or damages arising out of its performance of its obligations and duties hereunder except for willful misconduct misconduct, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder.

Limitation of Liability of the Market Agent. The Market Agent shall not be liable in contract, tort or otherwise to the Trust or the Depositor for any losses, costs or damages arising out of its performance of its obligations and duties hereunder except for willful misconduct misconduct, bad faith or gross negligence in the performance of its duties, or by reason of reckless disregard of its obligations and duties hereunder.