Common use of Standard of Care; Liability; Indemnification Clause in Contracts

Standard of Care; Liability; Indemnification. The Subcustodian shall be held to the exercise of reasonable care and diligence in carrying out the provisions of this Agreement, and shall be liable to the Custodian and the relevant Fund for all loss, damage and expense suffered or incurred by the Custodian or the Fund resulting from the failure of the Subcustodian to exercise such reasonable care and diligence; provided that the Subcustodian shall not thereby be required to take any action which is in contravention of any applicable law, rule or regulation or any order or judgment of any court of competent jurisdiction. The Custodian and each Fund agree to indemnify and hold harmless the Subcustodian and its nominees from all claims and liabilities (including counsel fees) incurred or assessed against it or its nominees in connection with the performance of this Agreement, except such as may arise from the Subcustodian or its nominee's breach of the relevant standard of conduct set forth in this Agreement. Notwithstanding the above, no Fund shall be liable to indemnify the Subcustodian for any claims and liabilities other than those arising from services provided to that particular Fund. Without limiting the