Common use of Limitations on Liability of Custodian Clause in Contracts

Limitations on Liability of Custodian. Except as otherwise provided herein, the Custodian shall not be liable for any loss or damage, including counsel fees, resulting from its action or omission to act or otherwise, except for any such loss or damage arising out of its negligence or willful misconduct. The Trust, on behalf of the applicable Fund and only from assets of the applicable Fund (or insurance purchased by the Trust with respect to its liabilities on behalf of a Fund hereunder), shall defend, indemnify and hold harmless the Custodian and its directors, officers, employees and agents with respect to any loss, claim, liability or cost (including reasonable attorneys’ fees) arising or alleged to arise from or relating to the Trust’s duties hereunder or any other action or inaction of the Trust or its Trustees, officers, employees or agents, except such as may arise from the negligent action, negligent omission, willful misconduct or any breach of this Agreement by the Custodian, its directors, officers, employees or agents, provided, however, the Trust and any applicable Fund shall not in any event be liable for any special, incidental, consequential, or punitive damages.

Appears in 1 contract

Samples: Custody Agreement (Endurance Series Trust)

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Limitations on Liability of Custodian. Except as otherwise -------------------------------------- provided herein, the Custodian shall not be liable for any loss or damage, including counsel fees, resulting from its action or omission to act or otherwise, except for any such loss or damage arising out of its negligence or willful misconduct. The Trust, on behalf of the applicable Fund and only from assets of the applicable Fund (or insurance purchased by the Trust with respect to its liabilities on behalf of a the Fund hereunder), shall defend, indemnify and hold harmless the Custodian and its directors, officers, employees and agents with respect to any loss, claim, liability or cost (including reasonable attorneys' fees) arising or alleged to arise from or relating to the Trust’s 's duties hereunder or any other action or inaction of the Trust or its Trustees, officers, employees or agents, except such as may arise from the negligent action, negligent omission, willful misconduct or any breach of this Agreement by the Custodian, its directors, officers, employees or agents, provided, however, the Trust and any applicable Fund shall not in any event be liable for any special, incidental, consequential, or punitive damages.,

Appears in 1 contract

Samples: Custody Agreement (Access Variable Insurance Trust)

Limitations on Liability of Custodian. Except as otherwise provided herein, the Custodian shall not be liable for any loss or damage, including counsel fees, resulting from its action or omission to act or otherwise, except for any such loss or damage arising out of its negligence or willful misconduct. The Trust, on behalf of the applicable Fund and only from assets of the applicable Fund (or insurance purchased by the Trust with respect to its liabilities on behalf of a the Fund hereunder), shall defend, indemnify and hold harmless the Custodian and its directors, officers, employees and agents with respect to any loss, claim, liability or cost (including reasonable attorneys' fees) arising or alleged to arise from or relating to the Trust’s 's duties hereunder or any other action or inaction of the Trust or its Trustees, officers, employees or agents, except such as may arise from the negligent action, negligent omission, willful misconduct or any breach of this Agreement by the Custodian, its directors, officers, employees or agents, provided, however, the Trust and any applicable Fund shall not in any event be liable for any special, incidental, consequential, or punitive damages... The

Appears in 1 contract

Samples: Custody Agreement (Fairmont Fund Trust)

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Limitations on Liability of Custodian. Except as otherwise -------------------------------------- provided herein, the Custodian shall not be liable for any loss or damage, including counsel fees, resulting from its action or omission to act or otherwise, except for any such loss or damage arising out of its negligence or willful misconduct. The Trust, on behalf of the applicable Fund and only from assets of the applicable Fund (or insurance purchased by the Trust with respect to its liabilities on behalf of a the Fund hereunder), shall defend, indemnify and hold harmless the Custodian and its directors, officers, employees and agents with respect to any loss, claim, liability or cost (including reasonable attorneys' fees) arising or alleged to arise from or relating to the Trust’s 's duties hereunder or any other action or inaction of the Trust or its TrusteesDirectors, officers, employees or agents, except such as may arise from the negligent action, negligent omission, willful misconduct or any breach of this Agreement by the Custodian, its directors, officers, employees or agents. The Custodian shall defend, provided, however, indemnify and hold harmless the Trust and its directors, officers, employees or agents with respect to any applicable Fund shall not in any event be liable for any specialloss, incidentalclaim, consequential, or punitive damages.liability or

Appears in 1 contract

Samples: Custody Agreement (Tanaka Funds Inc)

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