Common use of Standard of Care; Presentment of Claims Clause in Contracts

Standard of Care; Presentment of Claims. Except as otherwise provided herein, the Bank shall not be liable for any costs, expenses, damages, liabilities or claims (including attorney's fees) incurred by the Group or a Fund, except those costs, expenses, damages, liabilities or claims arising out of the Bank's own negligence, bad faith or willful misconduct. Notwithstanding the foregoing or anything contained in the Schedules hereto, the Bank shall not be liable for any loss or damage, including attorney's fees, resulting from the Bank paying any redemption draft containing a forged drawer signature, unless such loss or damage arises out of the Bank's gross negligence, bad faith or willful misconduct. All claims against the Bank hereunder shall be made by the Group on behalf of the affected Fund as promptly as practicable, and in any event within 6 months from the date of the action or inaction on which such claim is based, and shall include reasonable documentation evidencing such claim and loss.

Standard of Care; Presentment of Claims. Except as otherwise provided herein, the Bank shall not be liable for any costs, expenses, damages, liabilities or claims (including attorney's fees) incurred by the Group Trust or a Fund, except those costs, expenses, damages, liabilities or claims arising out of the Bank's own negligence, bad faith or willful misconduct. Notwithstanding the foregoing or anything contained in the Schedules hereto, the Bank shall not be liable for any loss or damage, including attorney's fees, resulting from the Bank paying any redemption draft containing a forged drawer signature, unless such loss or damage arises out of the Bank's gross negligence, bad faith or willful misconduct. All claims against the Bank hereunder shall be made by the Group Trust on behalf of the affected Fund as promptly as practicable, and in any event within 6 months from the date of the action or inaction on which such claim is based, and shall include reasonable documentation evidencing such claim and loss.