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

Standard of Care and Performance of Duties. (a) The Bank agrees to use reasonable care with regard to its obligations under this Agreement and the safekeeping of property of the Funds. In performing its duties hereunder and any other duties listed on the Schedules hereto, the Bank will be entitled to receive and act upon the advice of independent counsel of its own selection, which may be counsel for the Company, and the Bank will be without liability for any action taken or thing done, or omitted to be done, so long as the Bank's actions or inactions are without negligence and in accordance with this Agreement in good faith in conformity with such advice. The Bank shall be liable to, and shall indemnify and hold harmless the Company from and against any loss which shall occur as the result of the failure of the Bank or a sub-custodian (other than a foreign securities depository or clearing agency and except as provided in subsections 6.8, 13.2 and 13.3(i) hereof) to exercise reasonable care with respect to their respective obligations under this Agreement and the safekeeping of such property. Subject to the foregoing, the Bank will not be responsible for any act, omission, default or for the solvency of any foreign securities depository or clearing agency utilized in connection with the provision of services under this Agreement.

Appears in 3 contracts

Samples: Custody Agreement (Masterworks Funds Inc), Custody Agreement (Masterworks Funds Inc), And Fund Accounting Agreement (Stagecoach Trust)

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Standard of Care and Performance of Duties. (a) The Bank agrees to use reasonable care with regard to its obligations under this Agreement and the safekeeping of property of the FundsMaster Portfolios. In performing its duties hereunder and any other duties listed on the Schedules hereto, the Bank will be entitled to receive and act upon the advice of independent counsel of its own selection, which may be counsel for the CompanyTrust, and the Bank will be without liability for any action taken or thing done, or omitted to be done, so long as the Bank's actions or inactions are without negligence and in accordance with this Agreement in good faith in conformity with such advice. The Bank shall be liable to, and shall indemnify and hold harmless the Company Trust from and against any loss which shall occur as the result of the failure of the Bank or a sub-custodian (other than a foreign securities depository or clearing agency and except as provided in subsections 6.8, 13.2 and 13.3(i) hereof) to exercise reasonable care with respect to their respective obligations under this Agreement and the safekeeping of such property. Subject to the foregoing, the Bank will not be responsible for any act, omission, default or for the solvency of any foreign securities depository or clearing agency utilized in connection with the provision of services under this Agreement.

Appears in 3 contracts

Samples: Custody Agreement (Master Investment Portfolio), Custody Agreement (Managed Series Investment Trust), Custody Agreement (Master Investment Portfolio)

Standard of Care and Performance of Duties. (a) The Bank agrees to use reasonable care with regard to its obligations under this Agreement and the safekeeping of property of the FundsPortfolios. In performing its duties hereunder and any other duties listed on the Schedules schedules hereto, the Bank will be entitled to receive and act upon the advice of independent counsel of its own selection, which may be counsel for the CompanyTrust, and the Bank will be without liability for any action taken or thing done, or omitted to be done, so long as the Bank's actions or inactions are without negligence and are in accordance with this Agreement and are in good faith in conformity with such advice. The Bank shall be liable to, and shall indemnify and hold harmless the Company Trust from and against any loss which shall occur as the result of the failure of the Bank or a sub-custodian (other than a foreign securities depository or clearing agency and except as provided in subsections Subsections 6.8, 13.2 and 13.3(i) or 13.3 hereof) to exercise reasonable care with respect to their respective obligations under this Agreement and the safekeeping of such property. Subject to the foregoing, the Bank will not be responsible for any act, omission, default or for the solvency of any foreign securities depository or clearing agency utilized in connection with the provision of services under this Agreement.

Appears in 1 contract

Samples: Custody Agreement (Barclays Foundry Investment Trust)

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Standard of Care and Performance of Duties. (a) The Bank agrees to use reasonable care with regard to its obligations under this Agreement and the safekeeping of property of the FundsFund. In performing its duties hereunder and any other duties listed on the Schedules hereto, the Bank will be entitled to receive and act upon the advice of independent counsel of its own selection, which may be counsel for the Company, and the Bank will be without liability for any action taken or thing done, or omitted to be done, so long as the Bank's actions or inactions are without negligence and in accordance with this Agreement in good faith in conformity with such advice. The Bank shall be liable to, and shall indemnify and hold harmless the Company from and against any loss which shall occur as the result of the failure of the Bank or a sub-custodian (other than a foreign securities depository or clearing agency and except as provided in subsections 6.8, 13.2 and 13.3(i) hereof) to exercise reasonable care with respect to their respective obligations under this Agreement and the safekeeping of such property. Subject to the foregoing, the Bank will not be responsible for any act, omission, default or for the solvency of any foreign securities depository or clearing agency utilized in connection with the provision of services under this Agreement.

Appears in 1 contract

Samples: Custody Agreement (Stagecoach Funds Inc /Ak/)

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