Common use of Standard of Care; Liability Clause in Contracts

Standard of Care; Liability. (a) ABIS will use reasonable care in performing its obligations under this Agreement. ABIS will not be responsible for any loss or damage suffered by the Fund with respect to any matter as to which ABIS has satisfied its obligation of reasonable care unless the same results from an act of negligence, fraud or willful misconduct on the part of ABIS. (b) ABIS will be liable and will indemnify the Fund, its directors, officers, employees and controlling persons, for the Fund’s direct Liabilities to the extent they result from ABIS’s fraud, negligence, or willful misconduct in performing its duties as set out in this Agreement. (c) The Fund will indemnify ABIS and its directors, officers, employees and controlling persons against, and hold them harmless from, any Liabilities that may be imposed on, incurred by or asserted against such persons directly arising out of ABIS’s performance under this Agreement, provided ABIS has not acted with negligence or engaged in fraud or willful misconduct in connection with the Liabilities in question. (d) Nevertheless, under no circumstances will either party be liable for any indirect, incidental, consequential or special damages (including, without limitation, lost profits or business) of any form incurred by any person or entity, whether or not foreseeable and regardless of the type of action in which such a claim may be brought, resulting from either party’s performance under this Agreement.

Standard of Care; Liability. (a) ABIS will use reasonable care in performing its obligations under this Agreement. ABIS will not be responsible for any loss or damage suffered by the Fund with respect to any matter as to which ABIS has satisfied its obligation of reasonable care unless the same results from an act of negligence, fraud or willful misconduct on the part of ABIS. (b) ABIS will be liable and will indemnify the Fund, its directors, officers, employees and controlling persons, for the Fund’s direct Liabilities to the extent they result from ABIS’s fraud, negligence, or willful misconduct in performing its duties as set out in this Agreement. (c) The Fund will indemnify ABIS and its directors, officers, employees and controlling persons against, and hold them harmless from, any Liabilities that may be imposed on, incurred by or asserted against such persons directly arising out of ABIS’s performance under this Agreement, provided ABIS XXXX has not acted with negligence or engaged in fraud or willful misconduct in connection with the Liabilities in question. (d) Nevertheless, under no circumstances will either party be liable for any indirect, incidental, consequential or special damages (including, without limitation, lost profits or business) of any form incurred by any person or entity, whether or not foreseeable and regardless of the type of action in which such a claim may be brought, resulting from either party’s performance under this Agreement.

Standard of Care; Liability. (a) ABIS Bank will use reasonable care in performing its obligations under this Agreement. ABIS Unless otherwise provided herein, Bank will not be responsible for any loss or damage suffered by the Fund in violation of this Agreement with respect to any matter as to which ABIS it has satisfied its obligation of reasonable care unless the same results from an act of negligence, fraud or willful misconduct on the part of ABIScare. (b) ABIS Bank will be liable and will indemnify the Fund, its directors, officers, employees and controlling persons, for the FundCustomer’s direct Liabilities damages to the extent they result from ABISBank’s fraud, negligence, negligence or willful wilful misconduct in performing its duties as set out in this Agreement. (c) The Fund will indemnify ABIS Agreement and its directors, officers, employees and controlling persons against, and hold them harmless from, any Liabilities that may be imposed on, incurred by or asserted against such persons directly arising out of ABIS’s performance under this Agreement, to the extent provided ABIS has not acted with negligence or engaged in fraud or willful misconduct in connection with the Liabilities in question. (d) Section 5.2(a). Nevertheless, under no circumstances will either party Bank be liable for any indirect, incidental, consequential or special damages (including, without limitation, lost profits or business(except for lost profits that directly result from direct damages)) of any form incurred by any person or entity, whether or not foreseeable and regardless of the type of action in which such a claim may be brought, resulting from either partywith respect to the Accounts, Bank’s performance under this Agreement, or Bank’s role as custodian. (c) The Customer will indemnify Bank Indemnitees against, and hold them harmless from, any Liabilities that may be imposed on, incurred by or asserted against any of Bank Indemnitees in connection with or arising (i) out of Bank’s performance under this Agreement, provided Bank Indemnitees have not acted with negligence or engaged in fraud or wilful misconduct in connection with the Liabilities in question or (ii) solely out of any Bank Indemnitee’s status as a holder of record of Customer’s Financial Assets, provided that, to the extent practicable, Bank uses reasonable care to provide prompt notice to Customer of the circumstances and all pertinent facts related to the claim for

Standard of Care; Liability. (a) ABIS The Administrative Agent will use reasonable care in performing its obligations under this Agreement. ABIS The Administrative Agent will not be responsible for any loss or damage suffered by the Fund Trust or the Sponsor with respect to any matter as to which ABIS the Administrative Agent has satisfied its obligation of reasonable care unless the same results from an act of negligence, fraud or willful misconduct on the part of ABISthe Administrative Agent. (b) ABIS The Administrative Agent will be liable and will indemnify the Fund, its directors, officers, employees and controlling persons, for the FundTrust’s direct Liabilities and the Sponsor’s Damages to the extent they such Damages result from ABISthe Administrative Agent’s fraud, negligence, fraud or willful misconduct in performing its duties as set out in this Agreement. (c) The Fund will indemnify ABIS and its directors, officers, employees and controlling persons against, and hold them harmless from, any Liabilities that may be imposed on, incurred by or asserted against such persons directly arising out of ABIS’s performance under this Agreement, provided ABIS has not acted with negligence or engaged in fraud or willful misconduct in connection with the Liabilities in question. (d) . Nevertheless, under no circumstances will either party the Administrative Agent be liable for any indirect, incidental, consequential or special damages (including, without limitation, lost profits or business) of any form incurred by any person or entity, whether or not foreseeable and regardless of (i) the type of action in which such a claim may be brought, resulting from either party(ii) the Administrative Agent’s performance under this Agreement, or (iii) the Administrative Agent’s role as a service provider to the Trust. (c) The Trust will indemnify the Administrative Agent Indemnitees against, and hold them harmless from, any Damages that may be imposed on, incurred by or asserted against any of the Administrative Agent Indemnitees in connection with or arising out of the Administrative Agent’s performance under this Agreement, provided that the Administrative Agent Indemnitees have not acted with negligence or engaged in fraud or willful misconduct in connection with the Damages in question.