Common use of Standard of Care; Indemnification Clause in Contracts

Standard of Care; Indemnification. (a) It is expressly understood and agreed that in exercising its rights and performing its obligations hereunder, BTC owes no fiduciary duty to the Fund. BTC shall not be liable for any costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees) incurred by the Fund, except to the extent those costs, expenses, damages, liabilities or claims result from BTC’s material breach of this Agreement or BTC’s negligence, willful misconduct, bad faith, or reckless disregard of its obligations and duties hereunder. Neither the Company nor BTC shall have any obligation hereunder for costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees), which are sustained or incurred by reason of any action or inaction by the Book-Entry System or any Depository or their respective successors or nominees. In no event shall either party be liable to the other for special, punitive or consequential damages, arising under or in connection with this Agreement, even if previously informed of the possibility of such damages.

Standard of Care; Indemnification. (a) It is expressly understood and agreed that in exercising its rights and performing its obligations hereunder, BTC BGI owes no fiduciary duty to the Fund. BTC BGI shall not be liable for any costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees) incurred by the Fund, except to the extent those costs, expenses, damages, liabilities or claims result from BTC’s BGI's material breach of this Agreement or BTC’s BGI's negligence, willful misconduct, bad faith, or reckless disregard of its obligations and duties hereunder. Neither the Company Trust nor BTC BGI shall have any obligation hereunder for costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees), which are sustained or incurred by reason of any action or inaction by the Book-Entry System or any Depository or their respective successors or nominees. In no event shall either party be liable to the other for special, punitive or consequential damages, arising under or in connection with this Agreement, even if previously informed of the possibility of such damages.

Standard of Care; Indemnification. (a) It is expressly understood and agreed that in exercising its rights and performing its obligations hereunder, BTC BGI owes no fiduciary duty to the Fund. BTC BGI shall not be liable for any costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees) incurred by the Fund, except to the extent those costs, expenses, damages, liabilities or claims result from BTCBGI’s material breach of this Agreement or BTCBGI’s negligence, willful misconduct, bad faith, or reckless disregard of its obligations and duties hereunder. Neither the Company nor BTC BGI shall have any obligation hereunder for costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees), which are sustained or incurred by reason of any action or inaction by the Book-Entry System or any Depository or their respective successors or nominees. In no event shall either party be liable to the other for special, punitive or consequential damages, arising under or in connection with this Agreement, even if previously informed of the possibility of such damages.

Standard of Care; Indemnification. (a) It is expressly understood and agreed that in exercising its rights and performing its obligations hereunder, BTC BGI owes no fiduciary duty to the Fund. BTC BGI shall not be liable for any costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees) incurred by the Fund, except to the extent those costs, expenses, damages, liabilities or claims result from BTC’s BGI's material breach of this Agreement or BTC’s BGI's negligence, willful misconduct, bad faith, or reckless disregard of its obligations and duties hereunder. Neither the Company nor BTC BGI shall have any obligation hereunder for costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees), which are sustained or incurred by reason of any action or inaction by the Book-Entry System or any Depository or their respective successors or nominees. In no event shall either party be liable to the other for special, punitive or consequential damages, arising under or in connection with this Agreement, even if previously informed of the possibility of such damages.

Standard of Care; Indemnification. (a) It is expressly understood and agreed that in exercising its rights and performing its obligations hereunder, BTC BGI owes no fiduciary duty to the FundLender. BTC BGI shall not be liable for any costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees) incurred by the FundLender, except to the extent those costs, expenses, damages, liabilities or claims result from BTCBGI’s material breach of this Agreement or BTCBGI’s negligence, willful misconduct, bad faith, or reckless disregard of its obligations and duties hereunder. Neither the Company Client nor BTC BGI shall have any obligation hereunder for costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees), which are sustained or incurred by reason of any action or inaction by the Book-Entry System or any Depository or their respective successors or nominees. In no event shall either party be liable to the other for special, punitive or consequential damages, arising under or in connection with this Agreement, even if previously informed of the possibility of such damages.

Standard of Care; Indemnification. (a) It is expressly understood and agreed that in exercising its rights and performing its obligations hereunder, BTC owes no fiduciary duty to the Fund. BTC shall not be liable for any costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees) incurred by the Fund, except to the extent those costs, expenses, damages, liabilities or claims result from BTC’s material breach of this Agreement or BTC’s negligence, willful misconduct, bad faith, or reckless disregard of its obligations and duties hereunder. Neither the Company Trust nor BTC shall have any obligation hereunder for costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees), which are sustained or incurred by reason of any action or inaction by the Book-Entry System or any Depository or their respective successors or nominees. In no event shall either party be liable to the other for special, punitive or consequential damages, arising under or in connection with this Agreement, even if previously informed of the possibility of such damages.

Standard of Care; Indemnification. (a) It is expressly understood and agreed that in exercising its rights and performing its obligations hereunder, BTC BOI owes no fiduciary duty to the FundLender. BTC BGI shall not be liable for any costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees) incurred by the FundLender, except to the extent those costs, expenses, damages, liabilities or claims result from BTCBGI’s material breach of this Agreement or BTCBGI’s negligence, willful misconduct, bad faith, or reckless disregard of its obligations and duties hereunder. Neither the Company Client nor BTC BGI shall have any obligation hereunder for costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees), which are sustained or incurred by reason of any action or inaction by the Book-Entry System or any Depository or their respective successors or nominees. In no event shall either party be liable to the other for special, punitive or consequential damages, arising under or in connection with this Agreement, even if previously informed of the possibility of such damages.

Standard of Care; Indemnification. (a) It is expressly understood and agreed that in exercising its rights and performing its obligations hereunder, BTC the Bank owes no fiduciary duty to the FundLender. BTC The Bank shall not be liable for any costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees) incurred by the FundLender, except to the extent those costs, expenses, damages, liabilities or claims result from BTC’s the Bank's material breach of this Agreement or BTC’s the Bank's negligence, willful misconduct, bad faith, or reckless disregard of its obligations and duties hereunder. Neither the Company Client nor BTC the Bank shall have any obligation hereunder for costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees), which are sustained or incurred by reason of any action or inaction by the Book-Entry System or any Depository or their respective successors or nominees. In no event shall either party be liable to the other for special, punitive or consequential damages, arising under or in connection with this Agreement, even if previously informed of the possibility of such damages.

Standard of Care; Indemnification. (a) It is expressly understood and agreed that in exercising its rights and performing its obligations hereunder, BTC BGI owes no fiduciary duty to the FundLender. BTC BGI shall not be liable for any costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees) incurred by the FundLender, except to the extent those costs, expenses, damages, liabilities or claims result from BTC’s BGI's material breach of this Agreement or BTC’s BGI's negligence, willful misconduct, bad faith, or reckless disregard of its obligations and duties hereunder. Neither the Company Client nor BTC BGI shall have any obligation hereunder for costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees), which are sustained or incurred by reason of any action or inaction by the Book-Entry System or any Depository or their respective successors or nominees. In no event shall either party be liable to the other for special, punitive or consequential damages, arising under or in connection with this Agreement, even if previously informed of the possibility of such damages.

Standard of Care; Indemnification. (a) It is expressly understood and agreed that in exercising its rights and performing its obligations hereunder, BTC owes no fiduciary duty to the Fund. BTC shall not be liable for any costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees) incurred by the Fund, except to the extent those costs, expenses, damages, liabilities or claims result from BTC’s 's material breach of this Agreement or BTC’s 's negligence, willful misconduct, bad faith, or reckless disregard of its obligations and duties hereunder. Neither the Company nor BTC shall have any obligation hereunder for costs, expenses, damages, liabilities or claims (including reasonable attorneys and accountants fees), which are sustained or incurred by reason of any action or inaction by the Book-Entry System or any Depository or their respective successors or nominees. In no event shall either party be liable to the other for special, punitive or consequential damages, arising under or in connection with this Agreement, even if previously informed of the possibility of such damages.