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 a Fund, except those costs, expenses, damages, liabilities or claims arising out of the Bank's own gross negligence or willful misconduct or, with respect to Shareholder Drafts, its negligence in failing to follow its then-current signature verification procedures for mutual fund shareholder drafts. The Bank will be liable to a Fund for direct money damages arising out of the Bank's failure to act in accordance with such applicable standard of care. All claims against the Bank hereunder (including with respect to Shareholder Drafts) shall be made by the respective Fund as promptly as practicable, and in any event within six (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.