Common use of Responsibility of PFPC Trust Clause in Contracts

Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for and shall be required to indemnify, defend and hold harmless the Fund (including its officers, directors and employees) only from any taxes, charges, expenses, assessments, claims and liabilities (including, without limitation, reasonable attorneys' fees and disbursements) arising out of PFPC Trust's failure to perform its duties under this Agreement and only to the extent such taxes, charges, expenses, assessments, claims and liabilities (including, without limitation, reasonable attorneys' fees and disbursements) arise out of PFPC Trust's bad faith, negligence or reckless disregard of its duties under this Agreement. (b) Notwithstanding anything in this Agreement to the contrary, (i) PFPC Trust shall not be liable for losses, delays, failure, errors, interruption or loss of data occurring directly or indirectly by reason of circumstances beyond its reasonable control, including without limitation acts of God; action or inaction of civil or military authority; public enemy;

Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for and shall be required to indemnify, defend and hold harmless the Fund (including its officers, directors and employees) only from any taxes, charges, expenses, assessments, claims and liabilities (including, without limitation, reasonable attorneys' fees and disbursements) arising out of PFPC Trust's failure to perform its duties under this Agreement and only to the extent such taxes, charges, expenses, assessments, claims and liabilities (including, without limitation, reasonable attorneys' fees and disbursements) arise out of PFPC Trust's bad faith, negligence or reckless disregard of its duties under this Agreement. (b) Notwithstanding anything in this Agreement to the contrary, (i) PFPC Trust shall not be liable for losses, delays, failure, errors, interruption or loss of data occurring directly or indirectly by reason of circumstances beyond its reasonable control, including without limitation acts of God; action or inaction of civil or military authority; public enemy; war; terrorism; riot; fire; flood;

Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for and shall be required to indemnify, defend and hold harmless the Fund (including its officers, directors and employees) only from any taxes, charges, expenses, assessments, claims and liabilities (including, without limitation, reasonable attorneys' fees and disbursements) damages arising out of PFPC Trust's failure to perform its duties under this Agreement and only to the extent such taxes, charges, expenses, assessments, claims and liabilities (including, without limitation, reasonable attorneys' fees and disbursements) damages arise out of PFPC Trust's negligence, willful misfeasance, bad faith, negligence faith or reckless disregard of its duties under this Agreement. (b) Notwithstanding anything in Without limiting the generality of the foregoing or of any other provision of this Agreement to the contraryAgreement, (i) PFPC Trust shall not be liable for losseslosses beyond its control, delaysincluding without limitation (subject to Section 11), failure, errors, interruption delays or errors or loss of data occurring directly or indirectly by reason of circumstances beyond its reasonable PFPC Trust's control, including without limitation acts of Godprovided that PFPC Trust has acted in accordance with the standard set forth in Section 14(a) above; action and (ii) PFPC Trust shall not be under any duty or inaction of civil obligation to inquire into and shall not be liable for the validity or military authority; public enemy;invalidity or authority or lack