Common use of No Liability for Certain Losses Clause in Contracts

No Liability for Certain Losses. The Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by: 17.7.1 the Custodian acting upon any (i) instructions reasonably believed by the Custodian to be Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so; 17.7.2 a delay in processing or any failure to process any instructions reasonably believed by the Custodian to be Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable; 17.7.3 the failure of the Client or any person authorized by it to comply with the Client’s obligations under this Agreement; or 17.7.4 any other acts and omissions of the Client, any person authorized by it or any third party, including any Third Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.

Appears in 3 contracts

Samples: Custody Agreement (MassMutual Access Pine Point Fund), Custody Agreement (MassMutual Access Pine Point Fund), Custody Agreement (MassMutual Access Pine Point Fund)

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No Liability for Certain Losses. The Provided it has complied with the standard of care, the Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by: 17.7.1 the Custodian acting upon any (i) instructions reasonably believed by the Custodian to be Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so; 17.7.2 a delay in processing or any failure to process any instructions reasonably believed by the Custodian to be Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable; 17.7.3 the failure of the Client or any person authorized by it to comply with the Client’s obligations under this Agreement; or 17.7.4 any other acts and omissions of the Client, any person authorized by it or any third party, including any Third Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.

Appears in 1 contract

Samples: Custody Agreement (JPMorgan Private Markets Fund)

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