Common use of Liability in General Clause in Contracts

Liability in General. Except as otherwise provided in this Agreement, the Custodian shall be responsible for loss or damage which the Fund may incur by reason of the Custodian's failure to meet the standard of care set forth herein, provided always that such loss or damage shall be limited to direct damages incurred by the Fund without taking into account special circumstances, and provided further that the Custodian shall in no event be liable for losses arising from indirect or consequential damages or from loss of goodwill, even if the Custodian has been advised of the likelihood of such loss or damage and regardless of the form of action.

Liability in General. Except as otherwise provided in this Agreement, the Custodian shall be responsible for loss or damage which the Fund Portfolio may incur by reason of the Custodian's ’s failure to meet the standard of care set forth herein, provided always that such loss or damage shall be limited to direct damages incurred by the Fund Portfolio without taking into account special circumstances, and provided further that the Custodian shall in no event be liable for losses arising from indirect or consequential damages or from loss of goodwill, even if the Custodian has been advised of the likelihood of such loss or damage and regardless of the form of action.