Standard of Care/Limitations of Liability. (a) Notwithstanding anything to the contrary contained in the Agreement or this Exhibit A, PFPC shall be liable for direct damages incurred by the Company and which arise out of PFPC's failure to perform its duties and obligations described in this Exhibit A to the extent such damages constitute willful misfeasance, bad faith, negligence or reckless disregard of its duties and obligations under this Exhibit A.
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Samples: Accounting Services Agreement (Sit Mutual Funds Trust), Sit U S Government Securities Fund Inc, Sit Mid Cap Growth Fund Inc
Standard of Care/Limitations of Liability. (a) Notwithstanding anything to the contrary contained in the Agreement or this Exhibit Aor any other part of the Agreement, PFPC Trust shall be liable for direct damages incurred by the Company and Fund which arise out of PFPC's Trust's failure to perform its duties and obligations described in accordance with this Exhibit A only to the extent such damages constitute failure constitutes willful misfeasance, fraud, bad faith, negligence or reckless disregard of its duties and obligations under this Exhibit A.disregard.
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Samples: Custodian Services Agreement (J P Morgan Atlas Global Long / Short Equity Fund LLC), Custodian Services Agreement (Jp Morgan Multi-Strategy Fund LLC)
Standard of Care/Limitations of Liability. (a) Notwithstanding anything to the contrary contained in the Agreement or this Exhibit Aor any other part of the Agreement, PFPC shall be liable only for direct damages incurred by the Company and Fund which arise out of PFPC's ’s failure to perform its duties and obligations described in this Exhibit A to the extent such damages constitute willful misfeasance, bad faith, gross negligence or reckless disregard of its duties and obligations under this Exhibit A.disregard.
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Standard of Care/Limitations of Liability. (a) Notwithstanding anything to the contrary contained in the Agreement or this Exhibit A, PFPC shall be liable for direct damages incurred by the Company Administrator and which arise arising out of PFPC's failure to perform its duties and obligations described in this Exhibit A to the extent such damages constitute willful misfeasance, bad faith, gross negligence or reckless disregard of its duties and obligations under this Exhibit A.
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Samples: Abn Amro Funds
Standard of Care/Limitations of Liability. (a) Notwithstanding anything to the contrary contained in the Agreement or this Exhibit Aor any other part of the Agreement, PFPC shall be liable for direct damages incurred by the Company and Trust or RSMC which arise out of PFPC's failure to perform its duties and obligations described in this Exhibit A to the extent such damages constitute willful misfeasance, bad faith, gross negligence or reckless disregard of its duties and obligations under this Exhibit A.disregard.
Appears in 1 contract
Samples: Administration and Accounting Services Agreement (Wt Mutual Fund)
Standard of Care/Limitations of Liability. (a) Notwithstanding anything to the contrary contained in the Agreement or this Exhibit Aor any other part of the Agreement, PFPC shall be liable for direct damages incurred by the Company and PHLVIC which arise out of PFPC's ’s failure to perform its duties and obligations described in this Exhibit A only to the extent such damages constitute willful misfeasance, bad faith, negligence or reckless disregard of its duties and obligations under this Exhibit A.disregard.
Appears in 1 contract
Samples: Administration and Accounting Services Agreement (PHL Variable Accumulation Account)
Standard of Care/Limitations of Liability. (a) Notwithstanding anything to the contrary contained in the Agreement or this Exhibit AB, PFPC shall be liable for direct damages incurred by the Company Fund and which arise arising out of PFPC's failure to perform its duties and obligations described in this Exhibit A B to the extent such damages constitute willful misfeasance, bad faith, gross negligence or reckless disregard of its duties and obligations under this Exhibit A.B.
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Standard of Care/Limitations of Liability. (a) Notwithstanding anything to the contrary contained in the Agreement or this Exhibit Aor any other part of the Agreement, PFPC shall be liable for direct damages incurred by the Company and Fund which arise out of PFPC's failure to perform its duties and obligations described in this Exhibit A to the extent such damages constitute willful misfeasance, bad faith, gross negligence or reckless disregard of its duties and obligations under this Exhibit A.disregard.
Appears in 1 contract
Samples: Administration and Accounting Services Agreement (Wt Mutual Fund)
Standard of Care/Limitations of Liability. (a) Notwithstanding anything to the contrary contained in the Agreement or this Exhibit Aor any other part of the Agreement, PFPC shall be liable for direct damages incurred by the Company and Fund which arise out of PFPC's failure to perform its duties and obligations described in this Exhibit A only to the extent such damages constitute willful misfeasance, bad faith, negligence or reckless disregard of its duties and obligations under this Exhibit A.disregard.
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