Common use of Standard of Care/Limitations of Liability Clause in Contracts

Standard of Care/Limitations of Liability. (a) Subject to the terms of this Section 10, PFPC Trust shall be liable to the Funds (or any person or entity claiming through the Funds) for damages only to the extent caused by PFPC Trust’s own intentional misconduct, bad faith, negligence or reckless disregard of its duties under this Agreement (“Standard of Care”). (b) Notwithstanding anything in this Agreement to the contrary (other than as specifically provided in Section 12(h)(ii)(B)(4) and Section 12(h)(iii)(A) of this Agreement), the Funds shall be responsible for all filings, tax returns and reports on any transactions undertaken pursuant to this Agreement, or in respect of the Property or any collections undertaken pursuant to this Agreement, which may be requested by any relevant authority. In addition, the Funds shall be responsible for the payment of all taxes and similar items (including without limitation penalties and interest related thereto). (c) PFPC Trust shall not be liable for damages (including without limitation damages caused by delays, failure, errors, interruption or loss of data) occurring directly or indirectly by reason of circumstances beyond its reasonable control, including without limitation: acts of God; action or inaction of civil or military authority; national emergencies; public enemy; war; terrorism; riot; fire; flood; catastrophe; sabotage; epidemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; insurrection; elements of nature; non-performance by a third party; failure of the mails; or functions or malfunctions of the internet, firewalls, encryption systems or security devices caused by any of the above. Should an event beyond PFPC Trust’s reasonable control occur, PFPC Trust will follow applicable procedures in its disaster recovery and business continuity plan and use commercially reasonable efforts to mitigate and minimize any service interruptions to the Funds. (d) PFPC Trust shall not be under any duty or obligation to inquire into and shall not be liable for the validity or invalidity, authority or lack thereof, or truthfulness or accuracy or lack thereof, of any instruction, direction, notice, instrument or other information which PFPC Trust reasonably believes to be genuine. PFPC Trust shall not be liable for any damages that are caused by actions or omissions taken by PFPC Trust in accordance with Written Instructions or the reasonable advice of counsel. PFPC Trust shall not be liable for any damages arising out of any action or omission to act by any prior service provider of the Funds or for any failure to discover any such error or omission. PFPC Trust shall not have responsibility for any anti-money laundering requirements to which the Funds are subject under applicable laws or regulations or under the Subscription Documents with any Portfolio Fund in which the Funds have invested. (e) PFPC Trust shall have no liability for any action by the Funds or by any of the Portfolio Funds that prevents or limits the redemption or other liquidation of the Property (including without limitation any action taken by any Portfolio Fund to suspend or curtail redemptions or to make distributions in kind, including distributions of illiquid investments). (f) Neither PFPC Trust nor its affiliates shall be liable for any consequential, incidental, exemplary, punitive, special or indirect damages, whether or not the likelihood of such damages was known by PFPC Trust or its affiliates. (g) No party may assert a cause of action against PFPC Trust or any of its Affiliates that allegedly occurred more than 24 months immediately prior to the discovery of such cause of action. (h) Each party shall have a duty to reasonably mitigate damages for which the other party may become responsible. (i) This Section 10 shall survive termination of this Agreement.

Standard of Care/Limitations of Liability. (a) Subject to the terms of this Section 10, PFPC Trust A. Distributor shall not be liable to for any loss suffered by the Funds (or Intermediary in connection with the performance of any person or entity claiming through the Funds) for damages only to the extent caused by PFPC Trust’s own intentional misconduct, bad faith, negligence or reckless disregard of its obligations and duties under this Agreement except to the extent that the loss resulted from Distributor’s own willful misfeasance, bad faith or gross negligence in the performance of such obligations and duties, or by the Distributor’s reckless disregard thereof (“Standard of Care”). B. Intermediary may not assert any cause of action against the Distributor under this Agreement that accrued more than two years prior to the filing of the suit (bor commencement of arbitration proceedings) alleging such cause of action. C. Intermediary shall have the duty to mitigate damages for which the Distributor may become responsible. D. Notwithstanding anything in this Agreement to the contrary (other than as specifically provided contrary, in Section 12(h)(ii)(B)(4) and Section 12(h)(iii)(A) of this Agreement)no event shall Distributor, its affiliates, the Funds shall Trust or any of its affiliates or their directors, trustees, officers, employees agents or subcontractors be responsible liable to the Intermediary under any theory of tort, contract, strict liability or other legal or equitable theory for all filingslost profits, tax returns and reports on any transactions undertaken pursuant to this Agreementexemplary, punitive, special, incidental, indirect or in respect consequential damages, each of which is hereby excluded by agreement of the Property parties regardless of whether such damages were foreseeable or whether Distributor or any collections undertaken pursuant to this Agreement, which may be requested by any relevant authority. In addition, entity has been advised of the Funds shall be responsible for the payment possibility of all taxes and similar items (including without limitation penalties and interest related thereto)such damages. (c) PFPC Trust E. Notwithstanding anything in this Agreement to the contrary, Distributor shall not be liable for damages (including without limitation damages caused by delays, failure, errors, interruption interruptions or loss losses of data) occurring directly or indirectly by reason of circumstances beyond its reasonable control, including without limitation, the following events: acts of God; action or inaction of civil or military authority; national emergencies; public enemy; war; terrorism; riot; fire; flood; catastrophe; sabotage; epidemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; insurrection; elements of nature; non-performance by a third party; failure of the mails; or functions or malfunctions of the internet, firewalls, encryption systems or security devices caused by any of the above. Should an event beyond PFPC Trust’s reasonable control occur, PFPC Trust will follow applicable procedures in its disaster recovery and business continuity plan and use commercially reasonable efforts to mitigate and minimize any service interruptions to the Funds. (d) PFPC Trust shall not be under any duty or obligation to inquire into and shall not be liable for the validity or invalidity, authority or lack thereof, or truthfulness or accuracy or lack thereof, of any instruction, direction, notice, instrument or other information which PFPC Trust reasonably believes to be genuine. PFPC Trust shall not be liable for any damages that are caused by actions or omissions taken by PFPC Trust in accordance with Written Instructions or the reasonable advice of counsel. PFPC Trust shall not be liable for any damages arising out of any action or omission to act by any prior service provider of the Funds or for any failure to discover any such error or omission. PFPC Trust shall not have responsibility for any anti-money laundering requirements to which the Funds are subject under applicable laws or regulations or under the Subscription Documents with any Portfolio Fund in which the Funds have invested. (e) PFPC Trust shall have no liability for any action by the Funds or by any of the Portfolio Funds that prevents or limits the redemption or other liquidation of the Property (including without limitation any action taken by any Portfolio Fund to suspend or curtail redemptions or to make distributions in kind, including distributions of illiquid investments). (f) Neither PFPC Trust nor its affiliates shall be liable for any consequential, incidental, exemplary, punitive, special or indirect damages, whether or not the likelihood of such damages was known by PFPC Trust or its affiliates. (g) No party may assert a cause of action against PFPC Trust or any of its Affiliates that allegedly occurred more than 24 months immediately prior to the discovery of such cause of action. (h) Each party shall have a duty to reasonably mitigate damages for which the other party may become responsible. (i) This Section 10 shall survive termination of this Agreement.

Standard of Care/Limitations of Liability. (a) 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. Subject to the terms of this Section 1011 and Section 12, PFPC Trust shall be liable to the Funds a Fund (or any person or entity claiming through the FundsFund) and such Fund Indemnified Parties (as defined below) for damages only to the extent caused by PFPC Trust’s own intentional willful misconduct, bad faith, negligence or reckless disregard of its duties under this Agreement (“Standard of Care”). (b) Notwithstanding anything in this Agreement to the contrary (other than as specifically provided in Section 12(h)(ii)(B)(413(h)(ii)(B)(4) and Section 12(h)(iii)(A13(h)(iii)(A) of this Agreement), the Funds shall be responsible for all filings, tax returns and reports on any transactions undertaken pursuant to this Agreement, or in respect of the Property or any collections undertaken pursuant to this Agreement, which may be requested by any relevant authority. In addition, the Funds shall be responsible for the payment of all taxes and similar items (including without limitation penalties and interest related thereto). (c) PFPC Trust shall not be liable for damages (including without limitation damages caused by delays, failure, errors, interruption or loss of data) occurring directly or indirectly by reason of circumstances beyond its reasonable control, including without limitation: limitation acts of God; action or inaction of civil or military authority; national emergencies; public enemy; war; terrorism; riot; fire; flood; catastrophe; sabotage; epidemics; labor disputes; civil commotion; interruption, loss or malfunction of public utilities, public transportation, computer or communications capabilities; insurrection; elements of nature; or non-performance by a third party; failure of the mails; or functions or malfunctions of the internet, firewalls, encryption systems or security devices caused by . In any of the above. Should an event beyond PFPC Trust’s reasonable control occursuch event, PFPC Trust will follow applicable procedures in its disaster recovery shall give commercially reasonable notice to the Funds, and business continuity plan and shall use commercially reasonable efforts to mitigate and minimize any service interruptions interruption of services hereunder. If the event continues to prevent or delay performance for thirty (30) days after the Fundsnotice is given, the Funds may immediately terminate this Agreement by written notice to PFPC Trust. This Section shall not relieve PFPC Trust of its obligations under Section 9 (Disaster Recovery). (d) PFPC Trust shall not be under any duty or obligation to inquire into and shall not be liable for the validity or invalidity, authority or lack thereof, or truthfulness or accuracy or lack thereof, of any instruction, direction, notice, instrument or other information which conforms to the applicable requirements of this Agreement and which PFPC Trust reasonably believes to be genuine. PFPC Trust shall not be liable for any damages that are caused by actions or omissions taken by PFPC Trust in accordance with reasonable reliance upon Oral Instructions or Written Instructions or the reasonable advice of counselcounsel obtained in accordance with this Agreement. PFPC Trust shall not be liable for any damages arising out of any action or omission to act by any prior service provider of the Funds Fund or for any failure to discover any such error or omission. PFPC Trust shall not have responsibility for any anti-money laundering requirements to which the Funds are subject under applicable laws or regulations or under the Subscription Documents with any Portfolio Fund in which the Funds have invested. (e) PFPC Trust shall have no liability for any action by the Funds or by any of the Portfolio Funds that prevents or limits the redemption or other liquidation of the Property (including without limitation any action taken by any Portfolio Fund to suspend or curtail redemptions or to make distributions in kind, including distributions of illiquid investments). (f) Neither PFPC Trust nor its affiliates shall be liable for any consequential, incidental, exemplary, punitive, special or indirect damages, whether or not the likelihood of such damages was known by PFPC Trust or its affiliates. (g) No party may assert a cause of action against PFPC Trust or any of its Affiliates that allegedly occurred more than 24 months immediately prior to the discovery of such cause of action. (h) Each party shall have a duty to reasonably use commercially reasonable efforts to mitigate damages for which the other party may become responsible. (ih) This The provisions of this Section 10 11 shall survive termination of this Agreement.

Standard of Care/Limitations of Liability. (a) A. Distributor shall be under no duty to take any action hereunder on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by Distributor and the Fund in a written amendment hereto. B. Subject to the terms of this Section 10XI, PFPC Trust Distributor shall be liable to the Funds Fund (or any person or entity claiming through the FundsFund) for damages only to the extent caused by PFPC Trust(i) Distributor’s own intentional misconductwillful misfeasance, bad faithfaith or gross negligence in the performance of its obligations or duties under this Agreement or in its compliance or failure to comply with the laws, negligence rules and regulations applicable to it in connection with its activities hereunder, or (ii) Distributor’s reckless disregard of its obligations or duties under this Agreement (collectively, the “Standard of Care”). (b) Notwithstanding anything in this Agreement C. Distributor’s liability to the contrary Fund or any person or entity claiming through the Fund for any losses, claims, suits, controversies, breaches or damages of any nature whatsoever (other than as specifically provided in Section 12(h)(ii)(B)(4) and Section 12(h)(iii)(A) including but not limited to those arising out of this Agreement), the Funds shall be responsible for all filings, tax returns and reports on any transactions undertaken pursuant or related to this Agreement, or in respect ) and regardless of the Property form of action or any collections undertaken pursuant legal theory (each a “Loss”) shall not exceed the fees received by Distributor for services provided hereunder during the eighteen months immediately prior to this Agreement, which may be requested by any relevant authority. In addition, the Funds shall be responsible for the payment date of all taxes and similar items (including without limitation penalties and interest related thereto)such Loss. (c) PFPC Trust D. Distributor shall not be liable for damages (including without limitation damages caused by delays, failure, errors, interruption interruptions or loss losses of data) occurring directly or indirectly by reason of circumstances beyond its reasonable control, including without limitation: limitation acts of God; action or inaction of civil or military authority; national emergencies; public enemy; war; terrorism; riot; fire; flood; catastrophe; sabotage; epidemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; insurrection; elements of nature; non-performance by a third party; failure of the mails; or functions or malfunctions of the internet, firewalls, encryption systems or security devices caused by any of the above. Should an event beyond PFPC Trust’s reasonable control occur, PFPC Trust will follow applicable procedures in its disaster recovery and business continuity plan and use commercially reasonable efforts to mitigate and minimize any service interruptions to the Funds. (d) PFPC Trust E. Distributor shall not be under any duty or obligation to inquire into and shall not be liable for the validity or invalidity, authority or lack thereof, or truthfulness or accuracy or lack thereof, of any instruction, direction, notice, instrument or other information which PFPC Trust Distributor reasonably believes to be genuinegenuine and authorized by the Advisor. PFPC Trust Distributor shall not be liable for any damages that are caused by actions or omissions taken by PFPC Trust Distributor in accordance with Written Instructions, Oral Instructions or the reasonable advice of counsel. PFPC Trust Distributor shall not be liable for any damages to the extent arising out of any action or omission to act by any prior service provider of the Funds Fund or for any failure to discover any such error action or omission. PFPC Trust shall not have responsibility for any anti-money laundering requirements to which the Funds are subject under applicable laws or regulations or under the Subscription Documents with any Portfolio Fund in which the Funds have invested. (e) PFPC Trust shall have no liability for any action by the Funds or by any of the Portfolio Funds that prevents or limits the redemption or other liquidation of the Property (including without limitation any action taken by any Portfolio Fund to suspend or curtail redemptions or to make distributions in kind, including distributions of illiquid investments). (f) F. Neither PFPC Trust Distributor nor its affiliates Affiliates shall be liable for any consequential, incidental, exemplary, punitive, special or indirect damages, whether or not the likelihood of such damages was known by PFPC Trust Distributor or its affiliatesAffiliates. G. Any claims (gincluding the filing of a suit or, if applicable, commencement of arbitration proceedings) No party may assert a cause of action must be asserted by the Fund against PFPC Trust Distributor or any of its Affiliates within eighteen months after the Fund becomes aware of the claim or is informed of specific facts that allegedly occurred more than 24 months immediately prior to the discovery of should alert it that a basis for such cause of actiona claim might exist. (h) H. Each party shall have a duty to reasonably mitigate damages for which the other party may become responsible. (i) I. This Section 10 XI shall survive termination of this Agreement.

Standard of Care/Limitations of Liability. (a) Subject to the terms of this Section 10, PFPC Trust shall be liable to the Funds Fund (or any person or entity claiming through the FundsFund) for damages only to the extent caused by PFPC Trust’s 's own intentional misconduct, bad faith, faith or negligence or reckless disregard of with respect to its duties under this Agreement (“"Standard of Care”"). (b) Notwithstanding anything contained in this Agreement to the contrary (other than as specifically provided in Section 12(h)(ii)(B)(412(h)(2)(B)(iv) and Section 12(h)(iii)(A12(h)(3)(A) of this Agreement), the Funds Fund shall be responsible for all filings, tax returns and reports on any transactions undertaken pursuant to in connection with this Agreement, or in respect of the Property or any collections undertaken pursuant to in connection with this Agreement, which may be requested by any relevant authority. In addition, the Funds Fund shall be responsible for the payment of all taxes and similar items (including without limitation penalties and interest related thereto). (c) PFPC Trust shall not be liable for damages (including without limitation damages caused by delays, failure, errors, interruption or loss of data) occurring directly or indirectly by reason of circumstances beyond its reasonable control, including without limitation: limitation acts of God; action or inaction of civil or military authority; national emergencies; public enemy; war; terrorism; riot; fire; flood; catastrophe; sabotage; epidemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; insurrection; elements of nature; non-performance by a third party; failure of the mails; or functions or malfunctions of the internet, firewalls, encryption systems or security devices caused by any of the above. Should an event beyond PFPC Trust’s reasonable control occur, PFPC Trust will follow applicable procedures in its disaster recovery and business continuity plan and use commercially reasonable efforts to mitigate and minimize any service interruptions to the Funds. (d) PFPC Trust shall not be under any duty or obligation to inquire into and shall not be liable for the validity or invalidity, authority or lack thereof, or truthfulness or accuracy or lack thereof, of any instruction, direction, notice, instrument or other information which PFPC Trust reasonably believes to be genuine. PFPC Trust shall not be liable for any damages that are caused by actions or omissions taken by PFPC Trust in accordance with Oral Instructions or Written Instructions or the reasonable advice of counsel. PFPC Trust shall not be liable for any damages arising out of any action or omission to act by any prior service provider of the Funds Fund or for any failure to discover any such error or omission. PFPC Trust shall not have responsibility for any anti-money laundering requirements to which the Funds are subject under applicable laws or regulations or under the Subscription Documents with any Portfolio Fund in which the Funds have invested. (e) PFPC Trust shall have no liability for any action by the Funds or by any of the Portfolio Funds that prevents or limits the redemption or other liquidation of the Property (including without limitation any action taken by any Portfolio Fund to suspend or curtail redemptions or to make distributions in kind, including distributions of illiquid investments). (f) Neither PFPC Trust nor its affiliates shall be liable for any consequential, incidental, exemplary, punitive, special or indirect damages, whether or not the likelihood of such damages was known by PFPC Trust or its affiliates. (gf) No party may assert Any claims (including the filing of a cause suit or, if applicable, commencement of action arbitration proceedings) must be asserted by the Fund on behalf of a Portfolio against PFPC Trust or any of its Affiliates that allegedly occurred more than affiliates within 24 months immediately prior to after the discovery Trust became aware of the claim or the Board of Trustees of the Trust is informed of specific facts that should have alerted it that a basis for such cause of actiona claim might exist. (hg) Each party shall have a duty to reasonably mitigate damages for which the other party may become responsible. (ih) This Section 10 shall survive termination of this Agreement.

Standard of Care/Limitations of Liability. (a) Subject Notwithstanding anything to the terms contrary contained in this Exhibit or any other part of this Section 10the Agreement, PFPC Trust BNYM shall be liable for direct damages incurred by the Fund which arise out of BNYM’s failure to the Funds (or any person or entity claiming through the Funds) for damages perform its duties and obligations described in this Exhibit only to the extent caused by PFPC Trust’s own such damages result from intentional misconduct, willful misfeasance, bad faith, negligence or reckless disregard of its duties under this Agreement (“Standard of Care”)negligence. (b) Notwithstanding anything in this Agreement to The Fund acknowledges that the contrary (other than as specifically provided in Section 12(h)(ii)(B)(4) Internet is an “open,” publicly accessible network and Section 12(h)(iii)(A) not under the control of this Agreement), any party. BNYM’s provision of Services is dependent upon the Funds shall be responsible for all filings, tax returns and reports on any transactions undertaken pursuant to this Agreement, or in respect proper functioning of the Property or Internet and services provided by telecommunications carriers, firewall providers, encryption system developers and others. The Fund agrees that BNYM shall not be liable in any collections undertaken pursuant to this Agreement, which may be requested by any relevant authority. In addition, the Funds shall be responsible respect for the payment actions or omissions of all taxes any third party wrongdoers (i.e., hackers not employed by such party or its affiliates) or of any third parties involved in the Services and similar items (including without limitation penalties and interest related thereto)shall not be liable in any respect for the selection of any such third party, unless that selection constitutes a breach of BNYM’s standard of care above. (c) PFPC Trust Without limiting the generality of the foregoing or any other provisions of this Exhibit or the Agreement, BNYM shall not be liable for damages (including without limitation damages caused by delays, failure, errors, interruption delays or loss failures to perform any of data) the Services or errors occurring directly or indirectly by reason of circumstances beyond its reasonable control, including without limitation: limitation acts of God; action or inaction of civil or military authority; national emergencies; public enemy; war; terrorism; riot; fire; flood; catastrophe; sabotage; epidemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; insurrection; elements of nature; non-performance by a third party; failure of the mails; or functions or malfunctions of the internet, firewalls, encryption systems or security devices caused by any of the aboveforegoing (all and any of the foregoing being an “Event Beyond Reasonable Control”). Should an event beyond PFPC Trust’s reasonable control occurUpon the occurrence of any Event Beyond Reasonable Control, PFPC Trust will follow applicable procedures in its disaster recovery the affected Party shall be excused from any non-performance caused by the Event Beyond Reasonable Control (i) for so long as the Event Beyond Reasonable Control or damages caused by it prevail; and business continuity plan and (ii) such party continues to use commercially reasonable efforts to mitigate and minimize any service interruptions attempt to perform the Fundsobligation so impacted. (d) PFPC Trust shall not be under any duty or obligation to inquire into and shall not be liable for the validity or invalidity, authority or lack thereof, or truthfulness or accuracy or lack thereof, of any instruction, direction, notice, instrument or other information which PFPC Trust reasonably believes to be genuine. PFPC Trust shall not be liable for any damages that are caused by actions or omissions taken by PFPC Trust in accordance with Written Instructions or the reasonable advice of counsel. PFPC Trust shall not be liable for any damages arising out of any action or omission to act by any prior service provider of the Funds or for any failure to discover any such error or omission. PFPC Trust shall not have responsibility for any anti-money laundering requirements to which the Funds are subject under applicable laws or regulations or under the Subscription Documents with any Portfolio Fund in which the Funds have invested. (e) PFPC Trust shall have no liability for any action by the Funds or by any of the Portfolio Funds that prevents or limits the redemption or other liquidation of the Property (including without limitation any action taken by any Portfolio Fund to suspend or curtail redemptions or to make distributions in kind, including distributions of illiquid investments). (f) Neither PFPC Trust nor its affiliates shall be liable for any consequential, incidental, exemplary, punitive, special or indirect damages, whether or not the likelihood of such damages was known by PFPC Trust or its affiliates. (g) No party may assert a cause of action against PFPC Trust or any of its Affiliates that allegedly occurred more than 24 months immediately prior to the discovery of such cause of action. (h) Each party shall have a duty to reasonably mitigate damages for which the other party may become responsible. (i) This Section 10 shall survive termination of this Agreement.

Standard of Care/Limitations of Liability. (a) Subject to the terms of this Section 10, PFPC Trust shall be liable to the Funds Fund (or any person or entity claiming through the FundsFund) for damages only to the extent caused by PFPC Trust’s own intentional misconduct, bad faith, negligence or reckless disregard of its duties under this Agreement (“Standard of Care”). (b) Notwithstanding anything in this Agreement to the contrary (other than as specifically provided in Section 12(h)(ii)(B)(4) and Section 12(h)(iii)(A) of this Agreement), the Funds Fund shall be responsible for all filings, tax returns and reports on any transactions undertaken pursuant to this Agreement, or in respect of the Property or any collections undertaken pursuant to this Agreement, which may be requested by any relevant authority. In addition, the Funds Fund shall be responsible for the payment of all taxes and similar items (including without limitation penalties and interest related thereto). (c) PFPC Trust’s liability to the Fund and any person or entity claiming through the Fund for any loss, claim, suit, controversy, breach or damage of any nature whatsoever (including but not limited to those arising out of or related to this Agreement) and regardless of the form of action or legal theory (“Loss”) shall not exceed the fees received by PFPC Trust for services provided hereunder during the fifteen (15) months immediately prior to the date of such Loss (d) Subject to Section 8 of this Agreement, PFPC Trust shall not be liable for damages (including without limitation damages caused by delays, failure, errors, interruption or loss of data) occurring directly or indirectly by reason of circumstances beyond its reasonable control, including without limitation: limitation acts of God; action or inaction of civil or military authority; national emergencies; public enemy; war; terrorism; riot; fire; flood; catastrophe; sabotage; epidemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; insurrection; elements of nature; non-performance by a third party; failure of the mails; or functions or malfunctions of the internet, firewalls, encryption systems or security devices caused by any of the above. Should an event beyond PFPC Trust’s reasonable control occur, PFPC Trust will follow applicable procedures in its disaster recovery and business continuity plan and use commercially reasonable efforts to mitigate and minimize any service interruptions to the Funds. (de) PFPC Trust shall not be under any duty or obligation to inquire into and shall not be liable for the validity or invalidity, authority or lack thereof, or truthfulness or accuracy or lack thereof, of any instruction, direction, notice, instrument or other information which PFPC Trust reasonably believes to be genuine. PFPC Trust shall not be liable for any damages that are caused by actions or omissions taken by PFPC Trust in accordance with Oral Instructions or Written Instructions or the reasonable advice of counsel. PFPC Trust shall not be liable for any damages arising out of any action or omission to act by any prior service provider of the Funds Fund or for any failure to discover any such error or omission. PFPC Trust shall not have responsibility for any anti-money laundering requirements to which the Funds are subject under applicable laws or regulations or under the Subscription Documents with any Portfolio Fund in which the Funds have invested. (e) PFPC Trust shall have no liability for any action by the Funds or by any of the Portfolio Funds that prevents or limits the redemption or other liquidation of the Property (including without limitation any action taken by any Portfolio Fund to suspend or curtail redemptions or to make distributions in kind, including distributions of illiquid investments). (f) Neither PFPC Trust nor its affiliates shall be liable for any consequential, incidental, exemplary, punitive, special or indirect damages, whether or not the likelihood of such damages was known by PFPC Trust or its affiliates. (g) No party may assert a cause of action against PFPC Trust or any of its Affiliates affiliates that allegedly occurred more than 24 12 months immediately prior to after the discovery of Company discovered, or reasonably should have discovered, facts that would constitute the basis for such cause of action. (h) Each party shall have a duty to reasonably mitigate damages for which the other party may become responsible. (i) This Section 10 shall survive termination of this Agreement.

Standard of Care/Limitations of Liability. (a) Subject to the terms of this Section 1011, PFPC Trust shall be liable to the Funds Fund (or any person or entity claiming through the FundsFund) for damages only to the extent caused by PFPC Trust’s own intentional misconduct, bad faith, faith or negligence or reckless disregard of with respect to its duties under this Agreement (“Standard of Care”). (b) Notwithstanding anything contained in this Agreement to the contrary (other than as specifically provided in Section 12(h)(ii)(B)(42(h)(2)(B)(iv) and Section 12(h)(iii)(A2(h)(3)(A) of this Agreement), the Funds Fund shall be responsible for all filings, tax returns and reports on any transactions undertaken pursuant to in connection with this Agreement, or in respect of the Property or any collections undertaken pursuant to in connection with this Agreement, which may be requested by any relevant authority. In addition, the Funds Fund shall be responsible for the payment of all taxes and similar items (including without limitation penalties and interest related thereto). (c) Neither PFPC Trust nor its Affiliates shall not be liable for damages (including without limitation damages caused by delays, failure, errors, interruption or loss of data) occurring directly or indirectly by reason of circumstances beyond its reasonable control, including without limitation: limitation acts of God; action or inaction of civil or military authority; national emergencies; public enemy; war; terrorism; riot; fire; flood; catastrophe; sabotage; epidemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; insurrection; elements of nature; non-performance action or inaction by a third party; failure of the mails; or functions or malfunctions of the internet, firewalls, encryption systems or security devices caused by any of the above. Should an event beyond PFPC Trust’s reasonable control occur, PFPC Trust will follow applicable procedures in its disaster recovery and business continuity plan and use commercially reasonable efforts to mitigate and minimize any service interruptions to the Funds. (d) Neither PFPC Trust nor its Affiliates shall not be under any duty or obligation to inquire into and nor shall not any such entity be liable for the validity or invalidity, authority or lack thereof, or truthfulness or accuracy or lack thereof, of any instruction, direction, notice, instrument or other information which PFPC Trust or an Affiliate reasonably believes to be genuine. Neither PFPC Trust nor its Affiliates shall not be liable for any damages that are caused by actions arising out of action or omissions taken inaction by PFPC Trust or an Affiliate in accordance with Oral Instructions or Written Instructions or the reasonable advice of counsel. Neither PFPC Trust nor its Affiliates shall not be liable for any damages arising out of any action or omission to act by any prior service provider of the Funds Fund or for any failure to discover any such error or omission. PFPC Trust shall not have responsibility for any anti-money laundering requirements to which the Funds are subject under applicable laws or regulations or under the Subscription Documents with any Portfolio Fund in which the Funds have investedomission by a prior service provider. (e) PFPC Trust shall have no liability for any action by the Funds or by any of the Portfolio Funds that prevents or limits the redemption or other liquidation of the Property (including without limitation any action taken by any Portfolio Fund to suspend or curtail redemptions or to make distributions in kind, including distributions of illiquid investments). (f) Neither PFPC Trust nor its affiliates Affiliates shall be liable for any consequential, incidental, exemplary, punitive, special or indirect damages, whether or not the likelihood of such damages was known by PFPC Trust or its affiliatesAffiliates. The Fund shall not be liable for any consequential, incidental, exemplary, punitive, special or indirect damages, whether or not the likelihood of such damages was known by the Fund. (gf) No party may assert Any claims (including the filing of a cause suit or, if applicable, commencement of action arbitration proceedings) must be asserted by the Fund (or any person or entity claiming through the Fund) against PFPC Trust or any of its Affiliates that allegedly occurred more than within the earlier of 24 months immediately prior after the Fund became aware of the claim or 24 months after the Board of Trustees of the Fund is informed of specific facts that should have alerted it that a basis for such a claim might exist; provided that in no event shall the Fund (or any person or entity claiming through the Fund) be permitted to assert a claim against PFPC Trust or any of its Affiliates at any time after the discovery expiration of such cause the applicable statute of actionlimitations. (hg) Each party shall have a duty to reasonably mitigate damages for which the other party may become responsible. (ih) This Section 10 11 shall survive termination of this Agreement.

Standard of Care/Limitations of Liability. (a) PFPC Trust shall be obligated to exercise care and diligence in the performance of its duties hereunder. Subject to the terms of this Section 1012, PFPC Trust shall be liable to the Funds Fund (or any person or entity claiming through the FundsFund) for damages only to the extent caused by PFPC Trust’s 's own intentional misconductwillful misfeasance, bad faith, negligence or reckless disregard of its duties under this Agreement (“Standard of Care”)Agreement. (b) Notwithstanding anything in this Agreement to the contrary (other than as specifically provided in Section 12(h)(ii)(B)(414(h)(ii)(B)(4) and Section 12(h)(iii)(A14(h)(iii)(A) of this Agreement), the Funds Fund shall be responsible for all filings, tax returns and reports on any transactions undertaken pursuant to this Agreement, or in respect of the Property or any collections undertaken pursuant to this Agreement, which may be requested by any relevant authority. In addition, the Funds Fund shall be responsible for the payment of all taxes and similar items (including without limitation penalties and interest related thereto). (c) To the extent caused by PFPC Trust's own negligence, PFPC Trust's cumulative liability to the Fund and any person or entity claiming through the Fund for any loss, claim, suit, controversy, breach or damage of any nature whatsoever (including but not limited to those arising out of or related to this Agreement) and regardless of the form of action or legal theory ("Loss") shall not exceed $1,000,000. (d) PFPC Trust shall not be liable for damages (including without limitation damages caused by delays, failure, errors, interruption or loss of data) occurring directly or indirectly by reason of circumstances beyond its reasonable control, including without limitation: limitation acts of God; action or inaction of civil or military authority; national emergencies; public enemy; war; terrorism; riot; fire; flood; catastrophe; sabotage; epidemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; insurrection; elements of nature; non-performance by a third party; failure of the mails; or functions or malfunctions of the internet, firewalls, encryption systems or security devices caused by any of the above. Should an event beyond PFPC Trust’s reasonable control occur, PFPC Trust will follow applicable procedures in its disaster recovery and business continuity plan and use commercially reasonable efforts to mitigate and minimize any service interruptions to the Funds. (de) PFPC Trust shall not be under any duty or obligation to inquire into and shall not be liable for the validity or invalidity, authority or lack thereof, or truthfulness or accuracy or lack thereof, of any instruction, direction, notice, instrument or other information which PFPC Trust reasonably believes to be genuine. PFPC Trust shall not be liable for any damages that are caused by actions or omissions taken by PFPC Trust in accordance with Written Instructions or the reasonable advice of counsel. PFPC Trust shall not be liable for any damages arising out of any action or omission to act by any prior service provider of the Funds Fund or for any failure to discover any such error or omission. PFPC Trust shall not have responsibility for any anti-money laundering requirements to which the Funds are subject under applicable laws or regulations or under the Subscription Documents with any Portfolio Fund in which the Funds have invested. (e) PFPC Trust shall have no liability for any action by the Funds or by any of the Portfolio Funds that prevents or limits the redemption or other liquidation of the Property (including without limitation any action taken by any Portfolio Fund to suspend or curtail redemptions or to make distributions in kind, including distributions of illiquid investments). (f) Neither PFPC Trust nor its affiliates shall be liable for any consequential, incidental, exemplary, punitive, special or indirect damages, whether or not the likelihood of such damages was known by PFPC Trust or its affiliates. (g) No party may assert a cause of action against PFPC Trust or any of its Affiliates affiliates that allegedly occurred more than 24 twenty-four (24) months immediately prior to the discovery filing of the suit (or, if applicable, commencement of arbitration proceedings) alleging such cause of action. (h) Each party shall have a duty to reasonably mitigate damages for which the other party may become responsible. (i) The Fund shall be responsible for appointing its own Anti-Money Laundering Reporting Officer and under no circumstances shall PFPC Trust, PFPC Trust's affiliates, or any PFPC Trust's employees, officers or directors, be responsible or liable for the Fund's compliance with any anti-money laundering laws and regulations of any jurisdiction in which the Fund operates. (j) This Section 10 12 shall survive termination of this Agreement.

Standard of Care/Limitations of Liability. (a) Subject to the terms of this Section 10, PFPC Trust shall be liable to the Funds Fund (or any person or entity claiming through the FundsFund) for damages only to the extent caused by PFPC Trust’s 's own intentional misconduct, bad faith, faith or gross negligence or reckless disregard of with respect to its duties under this Agreement (“"Standard of Care”"). (b) Notwithstanding anything contained in this Agreement to the contrary (other than as specifically provided in Section 12(h)(ii)(B)(412(h)(2)(B)(iv) and Section 12(h)(iii)(A12(h)(3)(A) of this Agreement), the Funds Fund shall be responsible for all filings, tax returns and reports on any transactions undertaken pursuant to in connection with this Agreement, or in respect of the Property or any collections undertaken pursuant to in connection with this Agreement, which may be requested by any relevant authority. In addition, the Funds Fund shall be responsible for the payment of all taxes and similar items (including without limitation penalties and interest related thereto). (c) PFPC Trust's liability to the Fund and any person or entity claiming through the Fund for any loss, claim, suit, controversy, breach or damage of any nature whatsoever (including but not limited to those arising out of or related to this Agreement) and regardless of the form of action or legal theory ("Loss") shall not exceed the fees received by PFPC Trust for services provided hereunder during the twelve (12) months immediately prior to the date of such Loss; provided that PFPC Trust's cumulative maximum liability for all Losses shall not exceed $250,000. (d) PFPC Trust shall not be liable for damages (including without limitation damages caused by delays, failure, errors, interruption or loss of data) occurring directly or indirectly by reason of circumstances beyond its reasonable control, including without limitation: limitation acts of God; action or inaction of civil or military authority; national emergencies; public enemy; war; terrorism; riot; fire; flood; catastrophe; sabotage; epidemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; insurrection; elements of nature; non-performance by a third party; failure of the mails; or functions or malfunctions of the internet, firewalls, encryption systems or security devices caused by any of the above. Should an event beyond PFPC Trust’s reasonable control occur, PFPC Trust will follow applicable procedures in its disaster recovery and business continuity plan and use commercially reasonable efforts to mitigate and minimize any service interruptions to the Funds. (de) PFPC Trust shall not be under any duty or obligation to inquire into and shall not be liable for the validity or invalidity, authority or lack thereof, or truthfulness or accuracy or lack thereof, of any instruction, direction, notice, instrument or other information which PFPC Trust reasonably believes to be genuine. PFPC Trust shall not be liable for any damages that are caused by actions or omissions taken by PFPC Trust in accordance with Oral Instructions or Written Instructions or the reasonable advice of counsel. PFPC Trust shall not be liable for any damages arising out of any action or omission to act by any prior service provider of the Funds Fund or for any failure to discover any such error or omission. PFPC Trust shall not have responsibility for any anti-money laundering requirements to which the Funds are subject under applicable laws or regulations or under the Subscription Documents with any Portfolio Fund in which the Funds have invested. (e) PFPC Trust shall have no liability for any action by the Funds or by any of the Portfolio Funds that prevents or limits the redemption or other liquidation of the Property (including without limitation any action taken by any Portfolio Fund to suspend or curtail redemptions or to make distributions in kind, including distributions of illiquid investments). (f) Neither PFPC Trust nor its affiliates shall be liable for any consequential, incidental, exemplary, punitive, special or indirect damages, whether or not the likelihood of such damages was known by PFPC Trust or its affiliates. (g) No party may assert a cause of action against PFPC Trust or any of its Affiliates affiliates that allegedly occurred more than 24 12 months immediately prior to the discovery filing of the suit (or, if applicable, commencement of arbitration proceedings) alleging such cause of action. (h) Each party shall have a duty to reasonably mitigate damages for which the other party may become responsible. (i) This Section 10 shall survive termination of this Agreement.

Standard of Care/Limitations of Liability. (a) Subject Distributor shall use commercially reasonable efforts in the performance of its services under this Agreement; provided that, subject to the terms of this Section 1011, PFPC Trust Distributor shall be liable to the Funds Trust (or any person or entity claiming through the FundsTrust) for damages only to the extent caused by PFPC Trust’s Distributor's own intentional misconductwillful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement (“Standard of Care”"STANDARD OF CARE"). (b) Notwithstanding anything in this Agreement to Neither Distributor nor the contrary (other than as specifically provided in Section 12(h)(ii)(B)(4) and Section 12(h)(iii)(A) of this Agreement), the Funds Trust shall be responsible liable for all filings(i) any consequential, tax returns and reports on any transactions undertaken pursuant to incidental, exemplary, punitive or special damages, or loss of profits arising out of or in connection with either party's respective obligations under this Agreement, whether or in respect not the likelihood of such damages was known by such party; (ii) any damages that either party is required to pay for any reason whatsoever and regardless of the Property or any collections undertaken pursuant to this Agreementform of action, which may be requested by any relevant authority. In addition, the Funds shall be responsible for the payment of all taxes and similar items (including without limitation penalties and interest related thereto). (c) PFPC Trust shall not be liable for exceed, in the aggregate, actual proven direct damages; and (iii) any damages (including without limitation damages caused by delays, failure, errors, interruption or loss of data) occurring directly or indirectly by reason of circumstances beyond its reasonable control, including without limitation: limitation acts of God; action or inaction of civil or military authority; national emergencies; public enemy; war; terrorism; riot; fire; flood; catastrophe; sabotage; epidemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; insurrection; elements of nature; non-performance by a third party (except a third Underwriting Agreement as of January 1, 2008 Page 14 of 29 between PFPC Distributors, Inc. and HighMark Funds party directly or indirectly retained by such party); failure of the mails; or functions or malfunctions of the internet, firewalls, encryption systems or security devices caused by any of the above. Should an event beyond PFPC Trust’s reasonable control occur, PFPC Trust will follow applicable procedures in its disaster recovery and business continuity plan and use ; provided that Distributor uses commercially reasonable efforts to mitigate and minimize any service interruptions to the Fundsimplement its business resumption plan as soon as practicable. (dc) PFPC Trust Distributor shall not be under any duty or obligation to inquire into and shall not be liable for the validity or invalidity, authority or lack thereof, or truthfulness or accuracy or lack thereof, of any instruction, direction, notice, instrument or other information which PFPC Trust Distributor reasonably believes to be genuine. PFPC Trust Distributor shall not be liable for any damages that are caused by actions or omissions taken by PFPC Trust Distributor in accordance with Written Instructions or the reasonable advice of counsel. PFPC Trust Distributor shall not be liable for any damages to the extent arising out of any action or omission to act by any prior service provider of the Funds Trust's or for any failure to discover any such error or omission. PFPC Trust shall not omission despite reasonable diligence. (d) Neither party may commence an action (e.g. lawsuit or arbitration) against the other party or any of its affiliates more than 18 months after the date upon which such party discovered (or, exercising reasonable diligence, should have responsibility for any anti-money laundering requirements to discovered) the facts upon which the Funds are subject under applicable laws or regulations or under the Subscription Documents with any Portfolio Fund in which the Funds have investedsuch action is based. (e) PFPC Trust shall have no liability for any action by the Funds or by any of the Portfolio Funds that prevents or limits the redemption or other liquidation of the Property (including without limitation any action taken by any Portfolio Fund to suspend or curtail redemptions or to make distributions in kind, including distributions of illiquid investments). (f) Neither PFPC Trust nor its affiliates shall be liable for any consequential, incidental, exemplary, punitive, special or indirect damages, whether or not the likelihood of such damages was known by PFPC Trust or its affiliates. (g) No party may assert a cause of action against PFPC Trust or any of its Affiliates that allegedly occurred more than 24 months immediately prior to the discovery of such cause of action. (h) Each party shall have a duty to reasonably mitigate damages for which the other party may become responsible. (if) This Section 10 11 shall survive termination of this Agreement.

Standard of Care/Limitations of Liability. (a) Subject to the terms of this Section 1011, PFPC Trust shall be liable to the Funds Fund (or any person or entity claiming through the FundsFund) for damages only to the extent caused by PFPC Trust’s own intentional misconductwillful misfeasance, bad faith, gross negligence or reckless disregard of its duties under this Agreement (“Standard of Care”). (b) Notwithstanding anything in this Agreement to the contrary (other than as specifically provided in Section 12(h)(ii)(B)(413(h)(ii)(B)(4) and Section 12(h)(iii)(A13(h)(iii)(A) of this Agreement), the Funds Fund shall be responsible for all filings, tax returns and reports on any transactions undertaken pursuant to this Agreement, or in respect of the Property or any collections undertaken pursuant to this Agreement, which may be requested by any relevant authority. In addition, the Funds Fund shall be responsible for the payment of all taxes and similar items (including without limitation penalties and interest related thereto). (c) PFPC Trust’s liability to the Fund and any person or entity claiming through the Fund for any loss, claim, suit, controversy, breach or damage of any nature whatsoever (including but not limited to those arising out of or related to this Agreement) and regardless of the form of action or legal theory (“Loss”) shall not exceed the fees received by PFPC Trust for services provided hereunder during the twelve (12) months immediately prior to the date of such Loss. (d) PFPC Trust shall not be liable for damages (including without limitation damages caused by delays, failure, errors, interruption or loss of data) occurring directly or indirectly by reason of circumstances beyond its reasonable control, including without limitation: limitation acts of God; action or inaction of civil or military authority; national emergencies; public enemy; war; terrorism; riot; fire; flood; catastrophe; sabotage; epidemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; insurrection; elements of nature; non-performance by a third party; failure of the mails; or functions or malfunctions of the internet, firewalls, encryption systems or security devices caused by any of the above. Should an event beyond PFPC Trust’s reasonable control occur, PFPC Trust will follow applicable procedures in its disaster recovery and business continuity plan and use commercially reasonable efforts to mitigate and minimize any service interruptions to the Funds. (de) PFPC Trust shall not be under any duty or obligation to inquire into and shall not be liable for the validity or invalidity, authority or lack thereof, or truthfulness or accuracy or lack thereof, of any instruction, direction, notice, instrument or other information which PFPC Trust reasonably believes to be genuine. PFPC Trust shall not be liable for any damages that are caused by actions or omissions taken by PFPC Trust in accordance with Oral Instructions or Written Instructions or the reasonable advice of counsel. PFPC Trust shall not be liable for any damages arising out of any action or omission to act by any prior service provider of the Funds Fund or for any failure to discover any such error or omission. PFPC Trust shall not have responsibility for any anti-money laundering requirements to which the Funds are subject under applicable laws or regulations or under the Subscription Documents with any Portfolio Fund in which the Funds have invested. (e) PFPC Trust shall have no liability for any action by the Funds or by any of the Portfolio Funds that prevents or limits the redemption or other liquidation of the Property (including without limitation any action taken by any Portfolio Fund to suspend or curtail redemptions or to make distributions in kind, including distributions of illiquid investments). (f) Neither PFPC Trust nor its affiliates shall be liable for any consequential, incidental, exemplary, punitive, special or indirect damages, whether or not the likelihood of such damages was known by PFPC Trust or its affiliates. (g) No party may assert a cause of action against PFPC Trust or any of its Affiliates that allegedly occurred more than 24 months immediately prior to the discovery of such cause of action. (h) Each party shall have a duty to reasonably mitigate damages for which the other party may become responsible. (ih) This Section 10 11 shall survive termination of this Agreement.

Standard of Care/Limitations of Liability. (a) Subject to the terms of this Section 109, PFPC Trust shall be liable to the Funds Fund (or any person or entity claiming through the FundsFund) for damages only to the extent caused by PFPC Trust’s own intentional willful misconduct, bad faith, negligence gross negligence, fraud or reckless disregard of its duties under this Agreement (“Standard of Care”). (b) Notwithstanding anything contained in this Agreement to the contrary (other than as specifically provided in Section 12(h)(ii)(B)(411(h)(2)(B)(iii) and Section 12(h)(iii)(A11(h)(3)(A) of this Agreement), the Funds Fund shall be responsible for all filings, tax returns and reports on any transactions undertaken pursuant to in connection with this Agreement, or in respect of the Property or any collections undertaken pursuant to in connection with this Agreement, which may be requested by any relevant authority. In addition, the Funds Fund shall be responsible for the payment of all taxes and similar items (including without limitation penalties and interest related thereto). (c) PFPC Trust’s liability to the Fund and any person or entity claiming through the Fund for any loss, claim, suit, controversy, breach or damage of any nature whatsoever (including but not limited to those arising out of or related to this Agreement) and regardless of the form of action or legal theory (“Loss”) shall not exceed the greater of fees received by PFPC Trust for services provided hereunder during the twenty-four (24) months immediately prior to the date of such Loss, or $1 Million. (d) PFPC Trust shall not be liable for damages (including without limitation damages caused by delays, failure, errors, interruption or loss of data) occurring directly or indirectly by reason of circumstances beyond its reasonable control, including without limitation: limitation acts of God; action or inaction of civil or military authority; national emergencies; public enemy; war; terrorism; riot; fire; flood; catastrophe; sabotage; epidemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; insurrection; elements of nature; non-performance by a third party; failure of the mails; or functions or malfunctions of the internet, firewalls, encryption systems or security devices caused by any of the above. Should an event beyond PFPC Trust’s reasonable control occur, PFPC Trust will follow applicable procedures in its disaster recovery and business continuity plan and use commercially reasonable efforts to mitigate and minimize any service interruptions to the Funds. (de) PFPC Trust shall not be under any duty or obligation to inquire into and shall not be liable for the validity or invalidity, authority or lack thereof, or truthfulness or accuracy or lack thereof, of any instruction, direction, notice, instrument or other information which PFPC Trust reasonably believes to be genuine. PFPC Trust shall not be liable for any damages that are caused by actions or omissions taken by PFPC Trust in accordance with Written Oral Instructions or the reasonable advice of counselWritten Instructions. PFPC Trust shall not be liable for any damages arising out of any action or omission to act by any prior service provider of the Funds Fund or for any failure to discover any such error or omission. PFPC Trust shall not have responsibility for any anti-money laundering requirements to which the Funds are subject under applicable laws or regulations or under the Subscription Documents with any Portfolio Fund in which the Funds have invested. (ef) PFPC Trust shall have no liability for responsibility or obligation under Section 11 of this Agreement with respect to any action loan documentation or with respect to any loan made or purchased by the Funds or by any Fund unless specific language in Section 11 of the Portfolio Funds this Agreement states with specificity that prevents or limits the redemption or other liquidation a particular provision of the Property (including without limitation any action taken by any Portfolio Fund Section 11 of this Agreement relates to suspend or curtail redemptions loan documentation or to make distributions loans made or purchased by the Fund. In no event will PFPC Trust have any duty to review or examine any loan documentation received by it hereunder, nor in kind, including distributions any event will PFPC Trust have any responsibility for the content of illiquid investments)sufficiency of any such loan documentation. (fg) Neither PFPC Trust nor its affiliates shall be liable for any consequential, incidental, exemplary, punitive, special or indirect damages, whether or not the likelihood of such damages was known by PFPC Trust or its affiliates. (gh) No party may assert a cause of action against PFPC Trust or any of its Affiliates that allegedly occurred more than 24 affiliates after the earlier of (i) the applicable statute of limitations or (ii) twenty-four (24) months immediately prior after the occurrence of the initial event giving rise to the discovery of such alleged cause of action. (hi) Each party shall have a duty to reasonably mitigate damages for which the other party may become responsible. (ij) This Section 10 9 shall survive termination of this Agreement.