Common use of No Liability for Third Parties Clause in Contracts

No Liability for Third Parties. The Custodian, provided that the Custodian shall have acted in good faith and used reasonable care in the selection and continued appointment of the third party and subject to clause iii below, is not responsible or liable for the acts, omissions, defaults, insolvency, negligence, gross negligence, misconduct or fraud of any third party selected by the Custodian to perform any of its duties or obligations under this Agreement, other than any Affiliated Agent. In addition, and subject to clause iii below, in no event shall the Custodian be liable for the acts, omissions, defaults, insolvency, negligence, gross negligence, misconduct or fraud of any other third party.

Appears in 3 contracts

Samples: Custodial Services Agreement (Fidelity Wise Origin Bitcoin Fund), Custodial Services Agreement (Fidelity Wise Origin Bitcoin Fund), Custodial Services Agreement (Fidelity Ethereum Fund)

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No Liability for Third Parties. The Custodian, provided that the Custodian shall will have acted in good faith and used reasonable care in the selection and continued appointment of the third party and subject to clause iii (c) below, is not responsible or liable for the acts, omissions, defaults, insolvency, negligence, gross negligence, misconduct or fraud of any third party selected by the Custodian to perform any of its duties or obligations under this Agreement, other than including any Affiliated Agentagent, depository, subcontractor or subcustodian. In addition, and subject to clause iii below, in no event shall will the Custodian be responsible or liable for the acts, omissions, defaultsdefault, insolvency, negligence, gross negligence, misconduct or fraud of any other third partyparty that is not an Affiliated Agent, including any exchange, liquidity provider, counterparty, or third-party vendor.

Appears in 1 contract

Samples: Custody Agreement (Jukebox Hits Vol. 1 LLC)

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