Common use of Protection of Fifth Third Clause in Contracts

Protection of Fifth Third. Fifth Third shall be protected in any action it takes or does not take in reliance upon directions, advice or Oral or Written Instructions it receives from Bennington, the Fund or counsel and which Fifth Third believes, in good faith, to be consistent with those directions, advice or Oral or Written Instructions. Nothing in this section shall be construed so as to impose an obligation upon Fifth Third (i) to seek such directions, advice or Oral or Written Instructions, or (ii) to act in accordance with such directions, advice or Oral or Written Instructions. Nothing in this subsection shall excuse Fifth Third when an action or omission on the part of Fifth Third constitutes willful misfeasance, lack of good faith, negligence or reckless disregard by Fifth Third of any duties, obligation or responsibilities set forth in this Agreement.

Protection of Fifth Third. Fifth Third shall be protected in any action it takes or does not take in reliance upon directions, advice or Oral or Written Instructions it receives from BenningtonAdministrator, the Fund or counsel and which Fifth Third believes, in good faith, to be consistent with those directions, advice or Oral or Written Instructions. Nothing in this section shall be construed so as to impose an obligation upon Fifth Third (i) to seek such directions, advice or Oral or Written Instructions, or (ii) to act in accordance with such directions, advice or Oral or Written InstructionsInstructions unless, under the terms of other provisions of this Agreement. Nothing in this subsection shall excuse Fifth Third when an action or omission on the part of Fifth Third constitutes willful misfeasance, lack of good faith, negligence or reckless disregard by Fifth Third of any its duties, obligation or responsibilities set forth in this Agreement.

Protection of Fifth Third. Fifth Third shall be protected in any action it takes or does not take in reliance upon directions, advice or Oral or Written Instructions it receives from Bennington, the Fund or counsel and which Fifth Third believes, in good faith, to be consistent with those directions, advice or Oral or Written Instructions. Nothing in this section shall be construed so as to impose an obligation upon Fifth Third (i) to seek such directions, advice or Oral or Written Instructions, or (ii) to act in accordance with such directions, advice or Oral or Written InstructionsInstructions unless, under the terms of other provisions of this Agreement. Nothing in this subsection shall excuse Fifth Third when an action or omission on the part of Fifth Third constitutes willful misfeasance, lack of good faith, negligence or reckless disregard by Fifth Third of any its duties, obligation or responsibilities set forth in this Agreement.

Protection of Fifth Third. Fifth Third shall be protected in any action it takes or does not take in reliance upon directions, advice or Oral or Written Instructions it receives from Benningtonthe Trust, the Fund CAMCO or counsel and which Fifth Third believes, in good faith, to be consistent with those directions, advice or Oral or Written Instructions. Nothing in this section shall be construed so as to impose an obligation upon Fifth Third (i) to seek such directions, advice or Oral or Written Instructions, or (ii) to act in accordance with such directions, advice or Oral or Written InstructionsInstructions unless such obligation is imposed under the terms of other provisions of this Agreement. Nothing in this subsection shall excuse Fifth Third when an action or omission on the part of Fifth Third constitutes willful misfeasance, lack of good faith, negligence or reckless disregard by Fifth Third of any its duties, obligation or responsibilities set forth in this Agreement.

Protection of Fifth Third. Fifth Third shall be protected in any action it takes or does not take in reliance upon directions, advice or Oral or Written Instructions it receives from Bennington, the Fund Trust or counsel and which Fifth Third believes, in good faith, to be consistent with those directions, advice or Oral or Written Instructions. Nothing in this section shall be construed so as to impose an obligation upon Fifth Third (i) to seek such directions, advice or Oral or Written Instructions, or (ii) to act in accordance with such directions, advice or Oral or Written InstructionsInstructions unless, under the terms of other provisions of this Agreement. Nothing in this subsection shall excuse Fifth Third when an action or omission on the part of Fifth Third constitutes willful misfeasance, lack of good faith, negligence or reckless disregard by Fifth Third of any its duties, obligation or responsibilities set forth in this Agreement.

Protection of Fifth Third. Fifth Third shall be protected in ------------------------- any action it takes or does not take in reliance upon directions, advice or Oral or Written Instructions it receives from Bennington, the Fund or counsel and which Fifth Third believes, in good faith, to be consistent with those directions, advice or Oral or Written Instructions. Nothing in this section shall be construed so as to impose an obligation upon Fifth Third (i) to seek such directions, advice or Oral or Written Instructions, or (ii) to act in accordance with such directions, advice or Oral or Written InstructionsInstructions unless, under the terms of other provisions of this Agreement. Nothing in this subsection shall excuse Fifth Third when an action or omission on the part of Fifth Third constitutes willful misfeasance, lack of good faith, negligence or reckless disregard by Fifth Third of any its duties, obligation or responsibilities set forth in this Agreement.