Responsibility of PFPC Trust. PFPC Trust shall be under no duty to take any action hereunder on behalf of the Partnership except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Partnership in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
Appears in 1 contract
Sources: Custodian Services Agreement (Oppenheimer Tremont Market Neutral Fund LLC)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Partnership Fund except as specifically set forth herein or as are reasonably incidental to those set forth herein or as may be specifically agreed to by PFPC Trust and the Partnership in a written amendment heretowriting. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and hereunder, to act in good faith and to use its best efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.this
Appears in 1 contract
Sources: Custodian Services Agreement (Warburg Pincus Trust)
Responsibility of PFPC Trust. (a) PFPC Trust shall be under no duty to take any action hereunder on behalf of the Partnership Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC Trust and the Partnership Fund in a written amendment hereto. PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder and to act in good faith in performing services provided for under this Agreement. PFPC Trust shall be liable only for any damages arising out of PFPC Trust's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC Trust's willful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement.
(b) Without limiting the generality of the foregoing or of any other provision of this Agreement, (i) PFPC Trust shall not be liable for losses beyond its control,
Appears in 1 contract
Sources: Custodian Services Agreement (Trainer Wortham Funds)