Common use of Responsibility of the Custodian Clause in Contracts

Responsibility of the Custodian. In performing its duties and obligations hereunder, the Custodian shall use reasonable care under the facts and circumstances prevailing in the market where performance is effected. Subject to the specific provisions of this Section, the Custodian shall be liable to the Trust for any damage incurred by the Trust or a Fund in consequence of the Custodian’s (or its employees’, officers’ or other agents’) negligence, bad faith or willful misconduct. In no event shall the Custodian be liable hereunder for any special, indirect, punitive or consequential damages arising out of, pursuant to or in connection with this Agreement even if advised of the possibility of such damages. It is agreed that the Custodian shall have no duty to assess the risks inherent in the Trust’s Investments or to provide investment advice with respect to Investments and that the Trust and its Funds as principal shall bear any risks attendant to particular Investments such as failure of counterparty or issuer.

Responsibility of the Custodian. In performing its duties and obligations hereunder, the Custodian shall use reasonable care under the facts and circumstances prevailing in the market where performance is effected. Subject to the specific provisions of this Section, the Custodian shall be liable to the Trust Fund for any damage incurred by the Trust Fund or a Fund Portfolio in consequence of the Custodian’s 's (or its employees’, officers’ or other agents’) negligence, bad faith or willful misconduct. In no event shall the Custodian be liable hereunder for any special, indirect, punitive or consequential damages arising out of, pursuant to or in connection with this Agreement even if advised of the possibility of such damages. It is agreed that the Custodian shall have no duty to assess the risks inherent in the TrustFund’s Investments or to provide investment advice with respect to Investments and that the Trust Fund and its Funds Portfolios as principal shall bear any risks attendant to particular Investments such as failure of counterparty or issuer.

Responsibility of the Custodian. In performing its duties and obligations hereunder, the Custodian shall use reasonable care under the facts and circumstances prevailing in the market where performance is effected. Subject to the specific provisions of this Section, the Custodian shall be liable to the Trust for any damage incurred by the Trust or a Fund in consequence of the Custodian’s (or its employees’, officers’ or other agents’) negligence, bad faith or willful misconduct, including that caused by a Subcustodian as set forth is Section 8 hereof. In no event shall the Custodian be liable hereunder for any special, indirect, punitive or consequential damages arising out of, pursuant to or in connection with this Agreement even if the Custodian has been advised of the possibility of such damages. It is agreed that the Custodian shall have no duty to assess the risks inherent in the TrustFund’s Investments or to provide investment advice with respect to such Investments and that the Trust and its Funds Fund as principal shall bear any risks attendant to particular Investments such as failure of counterparty or issuer.

Responsibility of the Custodian. In performing its duties and obligations hereunder, the Custodian shall use reasonable care under the facts and circumstances prevailing in the market where performance is effected. .. Subject to the specific provisions of this Section, the Custodian shall be liable to the Trust Fund for any damage incurred by the Trust Fund or a Fund Portfolio in consequence of the Custodian’s 's (or its employees’, officers’ or other agents’) negligence, bad faith or willful misconduct. In no event shall the Custodian either party be liable hereunder for any special, indirect, punitive or consequential damages arising out of, pursuant to or in connection with this Agreement even if advised of the possibility of such damages. It is agreed that the Custodian shall have no duty to assess the risks inherent in the TrustFund’s Investments or to provide investment advice with respect to Investments and that the Trust Fund and its Funds Portfolios as principal shall bear any risks attendant to particular Investments such as failure of counterparty or issuer.

Responsibility of the Custodian. In performing its duties and obligations hereunder, the Custodian shall use commercially reasonable care under the facts and circumstances prevailing in the market where performance is effected. Subject to the specific provisions of this Section, the Custodian shall be liable to the Trust for any direct damage incurred by the Trust or a Fund in consequence of the Custodian’s (or its employees’, officers’ or other agents’) negligence, bad faith faith, willful misconduct or willful misconductreckless disregard of its responsibilities hereunder. In no event shall the Custodian be liable hereunder for any special, indirect, punitive or consequential damages arising out of, pursuant to or in connection with this Agreement even if the Custodian has been advised of the possibility of such damages. It is agreed that the Custodian shall have no duty to assess the risks inherent in the TrustFund’s Investments or to provide investment advice with respect to such Investments and that the Trust and its Funds Fund as principal shall bear any risks attendant to particular Investments such as failure of counterparty or issuer.

Responsibility of the Custodian. In performing its duties and obligations hereunder, the Custodian shall use reasonable care under the facts and circumstances prevailing in the market where performance is effectedoccurs. Subject to the specific provisions of this Section, the Custodian shall be liable to the Trust Fund for any damage incurred by the Trust Fund or a Fund Portfolio in consequence of the Custodian’s (or its employees’, officers’ or other agents’) negligence, bad faith or willful misconduct. In no event shall the Custodian be liable hereunder for any special, indirect, punitive or consequential damages arising out of, pursuant to or in connection with this Agreement even if advised of the possibility of such damages. It is agreed that the Custodian shall have no duty to assess the risks inherent in the TrustFund’s Investments or to provide investment advice with respect to Investments and that the Trust Fund and its Funds Portfolios as principal shall bear any risks attendant to particular Investments such as failure of counterparty or issuer.

Responsibility of the Custodian. In performing its duties and obligations hereunder, the Custodian shall use reasonable care under the facts and circumstances prevailing in the market where performance is effected. Subject to the specific provisions of this Section, the Custodian shall be liable to the Trust Fund for any direct damage incurred by the Trust Fund or a Fund Portfolio in consequence of the Custodian’s 's (or its employees’, officers’ or other agents’) negligence, bad faith or willful misconduct. In no event shall the Custodian be liable hereunder for any special, indirect, punitive or consequential damages arising out of, pursuant to or in connection with this Agreement even if advised of the possibility of such damages. It is agreed that the Custodian shall have no duty to assess the risks inherent in the TrustFund’s Investments or to provide investment advice with respect to Investments and that the Trust Fund and its Funds Portfolios as principal shall bear any risks attendant to particular Investments such as failure of counterparty or issuer.