Common use of Standard of Care; Liability Clause in Contracts

Standard of Care; Liability. Notwithstanding anything to the contrary in this Contract, the Custodian shall not be liable to the Trust for any loss, damage, cost, expense, liability or claim arising out of or in connection with the maintenance of custody of the Trust's foreign securities by Chase or by any other banking institution or securities depository employed pursuant to the terms of the Subcustody Contract, except that the Custodian shall be liable for any such loss, damage, cost, expense, liability or claim directly resulting from the failure of the Custodian to exercise reasonable care in the performance of its duties hereunder. At the election of the Trust, the Trust shall be entitled to be subrogated to the rights of the Custodian under the Subcustody Contract with respect to any claim arising hereunder against Chase or any other banking institution or securities depository employed by Chase if and to the extent that the Trust has not been made whole therefor.

Standard of Care; Liability. Notwithstanding anything to the contrary in this Contract, the Custodian shall not be liable to the Trust Fund for any loss, damage, cost, expense, liability or claim arising out of or in connection with the maintenance of custody of the TrustFund's foreign securities by Chase or by any other banking institution or securities depository employed pursuant to the terms of the Subcustody Contract, except that the Custodian shall be liable for any such loss, damage, cost, expense, liability or claim directly resulting from the failure of the Custodian to exercise reasonable care in the performance of its duties hereunder. At the election of the TrustFund, the Trust Fund shall be entitled to be subrogated to the rights of the Custodian under the Subcustody Contract with respect to any claim arising hereunder against Chase or any other banking institution or securities depository employed by Chase if and to the extent that the Trust Fund has not been made whole therefor.

Standard of Care; Liability. Notwithstanding anything to the contrary in this Contract, the Custodian shall not be liable to the Trust Fund for any loss, damage, cost, expense, liability or claim arising out of or in connection with the maintenance of custody of the TrustFund's foreign securities by Chase or by any other banking institution or securities depository employed pursuant to the terms of the Subcustody Contract, except that the Custodian shall be liable for any such loss, damage, cost, expense, liability or claim directly resulting from the failure of the Custodian to exercise reasonable care in the performance of its duties hereunder. At the election of the TrustFund, the Trust Fund shall be entitled to be subrogated to the rights of the Custodian under the Subcustody Contract with respect to any claim arising hereunder against Chase or any other banking institution or securities depository employed by Chase if and to the extent that the Trust Fund has not been bee made whole therefor.

Standard of Care; Liability. Notwithstanding anything to the contrary in this Contract, the Custodian shall not be liable to the Trust for any loss, damage, cost, expense, liability or claim arising out of or in connection with the maintenance of custody of the Trust's foreign securities by Chase or by any other banking institution or securities depository employed pursuant to the terms of the Subcustody Contract, except that the Custodian shall be liable for any such loss, damage, cost, expense, liability or claim directly resulting from the failure of the Custodian to exercise reasonable care in the performance of its duties hereunder. At the election of the Trust, the Trust shall be entitled to be subrogated to the rights of the Custodian under the Subcustody Contract contract with respect to any claim arising hereunder against Chase or any other banking institution or securities depository employed by Chase if and to the extent that the Trust has not been made whole therefor.

Standard of Care; Liability. Notwithstanding anything to the contrary in this Contract, the Custodian shall not be liable to the Trust for any loss, damage, cost, expenseexpenses, liability or claim arising out of or in connection with the maintenance of custody of the Trust's foreign securities by Chase or by any other banking institution or securities depository employed pursuant to the terms of the Subcustody Contract, except that the Custodian shall be liable for any such loss, damage, cost, expense, liability or claim directly resulting from the failure of the Custodian to exercise reasonable care in the performance of its duties hereunderthereunder. At the election of o the Trust, the Trust shall be entitled to be subrogated surrogated to the rights of the Custodian under the Subcustody Contract contract with respect to any claim arising hereunder thereunder against Chase or any other banking institution instructions or securities depository employed by Chase if and to the extent that the Trust has not been made whole therefor.