Scope of Custodian’s Liability. The Custodian shall not be liable for any loss of any kind that may result from any action taken by the Custodian in accordance with the directions of the Participant or his or her designated agent or attorney in fact or from any failure to act because of the absence of any such directions. The Custodian shall not be responsible for determining whether any contribution or rollover contribution satisfies the requirements of the Code. The Custodian shall not be liable for any taxes (or interest thereon) or penalties incurred by the Participant in connection with any Account or in connection with any contribution to or distribution from the Account. The Custodian is entitled to act upon any instrument, certificate, or form the Custodian believes is genuine and believes is executed or presented by the proper person or persons, and the Custodian need not investigate or inquire as to any statement contained in such document but may accept it as true and accurate. The Custodian is not liable for any losses directly or indirectly caused by acts of war, acts of terrorism, labor disputes, exchange, or market decisions, including the suspension of trading, market volatility, trade volume, or by government restriction. The Participant shall duly indemnify and hold harmless the Custodian from any liability, which may arise hereunder, except liability arising from the gross negligence or willful misconduct of the Custodian.
Scope of Custodian’s Liability. Xxxxxx Xxxxx shall not be liable for any loss of any kind that may result from any action taken by Xxxxxx Xxxxx in accordance with my directions or from any failure to act because of the absence of any such directions or resulting from my control (whether by action or inaction) over my Account. Xxxxxx Xxxxx shall not be liable for any taxes (or interest thereon) or penalties incurred by me in connection with my Account or in connection with any transaction of my Account. Xxxxxx Xxxxx is entitled to act upon any instrument, certificate or form it believes is genuine and believes is executed or presented by the proper person or persons, and Xxxxxx Xxxxx need not investigate or inquire as to any statement contained in such document but may accept it as true and accurate. I agree Xxxxxx Xxxxx is not liable for any loss to me caused directly or indirectly by war, terrorism, civil unrest, natural disaster, extraordinary weather conditions, government restrictions, interruptions of communications, exchange or market rulings, labor unrest or strikes, or other conditions beyond the control of Xxxxxx Xxxxx (each a “Force Majeure” event). I shall indemnify and hold harmless Xxxxxx Xxxxx from any liability that may arise hereunder except liability arising from the gross negligence or willful misconduct of Xxxxxx Xxxxx.
Scope of Custodian’s Liability. The Custodian shall not be liable for any loss of any kind that may result from any action taken by the Custodian in accordance with the directions of the Participant, the Participant's Beneficiary or Beneficiaries, or his or her designated agent or attorney in fact or from any failure to act because of the absence of any such directions. The Custodian shall not be responsible for determining whether any contribution or rollover contribution satisfies the requirements of the Code. The Custodian shall not be liable for any taxes (or interest thereon) or penalties incurred by the Participant, or the Participant's Beneficiary or Beneficiaries in connection with the Account or in connection with any contribution to or distribution from the Account. The Custodian is entitled to act upon any instrument, certificate, or form the Custodian believes is genuine and believes is executed or presented by the proper person or persons, and the Custodian need not investigate or inquire as to any statement contained in such document but may accept it as true and accurate. The Custodian is not liable for any losses directly or indirectly caused by acts of war, acts of terrorism, labor disputes, exchange, or market decisions, including the suspension of trading, market volatility, trade volume, or by government restriction. The Participant shall duly indemnify and hold harmless the Custodian from any liability, which may arise hereunder except liability arising from the gross negligence or willful misconduct of the Custodian.
Scope of Custodian’s Liability. The Custodian shall not be liable for any loss of any kind which may result from any action taken by it in accordance with the directions of the Depositor or his or her designated agent or attorney-in-fact or from any failure to act because of the absence of any such directions. The Custodian shall not be responsible for determining whether any contribution or rollover deposit satisfies the requirements of the Code. The Custodian shall not be liable for any taxes (or interest thereon) or penalties incurred by the Depositor in connection with the Custodial Account or in connection with any contribution to or distribution from the Custodial Account. The Custodian shall not be liable for any loss of any kind which may result from the valuation of any asset the value of which is not readily ascertainable on either an established exchange or a generally recognized market. The Custodian and Sponsor are entitled to act upon any instrument, certificate, or form each believes is genuine and believes is signed or presented by the proper person or persons, and the Custodian and Sponsor need not investigate or inquire as to any statement contained in such document but may accept it as true and accurate. The Custodian and Sponsor may request any document, form, instrument, or certificate that each reasonably believes is necessary in order to fulfill the terms of this Custodial Agreement.
Scope of Custodian’s Liability. We shall not be liable for any loss of any kind that may result from any action taken by us in accordance with your directions, or directions from your Beneficiary or Beneficiaries. We shall not be responsible for determining whether any contribution or rollover contribution satisfies the requirements of the Code. We shall not be liable for any taxes (or interest thereon) or penalties incurred by you, or your Beneficiary or Beneficiaries in connection with the Account or in connection with any contribution to or distribution from the Account. We are not liable for any losses directly or indirectly caused by force majeure, exchange or market decisions, including the suspension of trading, market volatility, trade volume, or by government restriction. You shall duly indemnify and hold us harmless from any liability, which may arise hereunder, except liability arising from our gross negligence or willful misconduct.
Scope of Custodian’s Liability. The Custodian shall not be liable for the proper application of any part of the Agreement if distributions are made in accordance with the written directions of the Participant as herein provided, nor shall the Custodian be responsible for the adequacy of the Custodial Account to meet and discharge any and all distributions and liabilities.
Scope of Custodian’s Liability. The Custodian shall be fully protected in acting upon any instrument, certificate, or paper believed by it to be genuine and to be signed or presented by the proper person or persons, and the Custodian shall be under no duty to make any investigation or inquiry as to any statement contained in any such writing but may accept the same as conclusive evidence of the truth and accuracy of the statements therein contained. The Custodian shall be under no duty to (a) question any direction of a Participant or the Participant's agent with respect to investments, (b) review any securities or other property held in the Custodial Account or (c) make suggestions to the Participant or the Participant's agent with respect to investments, and the Custodian shall not be liable for any loss which may result by reason of investments made by it in accordance with the directions of a Participant or the Participant's agent.
Scope of Custodian’s Liability. The Custodian shall not be liable for any loss of any kind which may result from any action taken by it in accordance with the directions of the Depositor or his or her designated agent or attorney-in-fact or from any failure to act because of the absence of any such directions. The Custodian shall not be responsible for determining whether any contribution or rollover deposit satisfies the requirements of the Code. The Custodian shall not be liable for any taxes (or interest thereon) or penalties incurred by the Depositor in connection with the Custodial Account or in connection with any contribution to or distribution from the Custodial Account. The Custodian and Sponsor are entitled to act upon any instrument, certificate, or form each believes is genuine
Scope of Custodian’s Liability. The Custodian shall not be liable for losses of any kind which may result (i) by reason of any action taken by it in accordance with the directions or instructions of the Plan Administrator or a Participant (including any investment Manager) or as otherwise required to be taken in accordance with the Plan, the Adoption Agreement or the Custodial Account Agreement, or (ii) by reason of any failure to act due to the absence of such directions or instructions. The Custodian shall not in any way be liable for any inadequacy of funds to pay benefits under the Plan. Except as required by ERISA, the Custodian shall not be required to give bond or security for the performance of its duties. The Employer and, where the Custodian is following the instructions of another party (a Participant, the Plan Administrator or au Investment manager), such other Party to the instructions (as the case may be) shall at all times fully indemnify and save harmless theCustodian from any liability which may arise in connection with this Custodial Account, except liability arising from the gross negligence or willful misconduct of the Custodian. For purposes of this Section
Scope of Custodian’s Liability. The Custodian shall not be liable for any loss of any kind which may result from any action taken by it in accordance with the directions of the Depositor or his or her designated agent or attorney-in-fact or from any failure to act because of the absence of any such directions. The Custodian shall not be responsible for determining whether any contribution or rollover deposit satisfies the requirements of the Code. The Custodian shall not be liable for any taxes (or interest thereon) or penalties incurred by the Depositor in connection with the Custodial Account or in connection with any contribution to or distribution from the Custodial Account. The Custodian and Sponsor are entitled to act upon any instrument, certificate, or form each believes is genuine and believes is signed or presented by the proper person or persons, and the Custodian and Sponsor need not investigate or inquire as to any statement contained in such document but may accept it as true and accurate. The Custodian and Sponsor may request any document, form, instrument, or certificate that each reasonably believes is necessary in order to fulfill the terms of this Custodial Agreement.
