Common use of Performance of Duties and Standard of Care Clause in Contracts

Performance of Duties and Standard of Care. In performing its duties hereunder and any other duties listed on any Schedule or Appendix hereto, the Bank shall be held to the exercise of reasonable care, shall act in good faith and shall act without negligence or willful misfeasance. In performing its duties hereunder and any other duties listed on any Schedule or Appendix hereto, if any, the Bank will be entitled to receive and act upon the advice of independent counsel of national standing of its own selection, which may be counsel for the Fund, and will be without liability for any action taken or thing done or omitted to be done in accordance with this Agreement in good faith in conformity with such advice. The Bank will be under no duty or obligation to inquire into and will not be liable for:

Performance of Duties and Standard of Care. In performing its ------------------------------------------ duties hereunder and any other duties listed on any Schedule or Appendix hereto, the Bank shall be held to the exercise of reasonable care, shall act in good faith and shall act without negligence or willful misfeasance. In performing its duties hereunder and any other duties listed on any Schedule or Appendix hereto, if any, the Bank will be entitled to receive and act upon the advice of independent counsel of national standing of its own selection, which may be counsel for the Fund, and will be without liability for any action taken or thing done or omitted to be done in accordance with this Agreement in good faith in conformity with such advice. The Bank will be under no duty or obligation to inquire into and will not be liable for: