Except as otherwise provided herein, BNY Mellon and any BNY Mellon Affiliate shall not be liable for any costs, expenses, damages, liabilities or claims (including attorneys’ and accountants’ fees) incurred by the Trust, except those costs, expenses, damages, liabilities or claims arising out of BNY Mellon’s own bad faith, negligence or willful misconduct. BNY Mellon’s aggregate liability hereunder shall not exceed the total fees paid to BNY Mellon for the services under this Agreement during the ​ period preceding the event on which such claim is based. In no event shall BNY Mellon or any BNY Mellon Affiliate be liable to the Trust or any third party for any special, indirect or consequential damages, or lost profits or loss of business, arising under or in connection with this Agreement, even if previously informed of the possibility of such damages and regardless of the form of action. BNY Mellon and any BNY Mellon Affiliate shall not be liable for any loss, damage or expense, including counsel fees and other costs and expenses of a defense against any claim or liability, directly resulting from, arising out of, or in connection with its performance hereunder, including its actions or omissions, the incompleteness or inaccuracy of any specifications or other information furnished by the Trust, or for delays caused by circumstances beyond BNY Mellon’s reasonable control, unless such loss, damage or expense arises out of the bad faith, negligence or willful misconduct of BNY Mellon subject to the limitation of liability contained above in this Section 7(a).

We acknowledge and agree that, in the course of our engagement by you, we may receive or have access to Participant-level Information, including Non-Public Participant-level Information. We shall comply with all laws and regulations related to such Participant-level Information.

Standard of Care. The Servicer shall take or cause to be taken all such action as may be necessary or advisable to collect each Receivable from time to time, all in accordance with Applicable Law, with reasonable care and diligence and in accordance with the Collection Policy.

Standard of Care. The Servicer shall take or cause to be taken all such action as may be necessary or advisable to collect each Receivable from time to time, all in accordance with Applicable Law, with reasonable care and diligence and in accordance with the Collection Policy.

Standard of Care. The Servicer shall take or cause to be taken all such action as may be necessary or advisable to collect each Receivable from time to time, all in accordance with Applicable Law, with reasonable care and diligence and in accordance with the Collection Policy.

Standard of Care. Provider will perform the Services (including in selecting, retaining and using Subcontractors) in a manner that meets the following standards of performance (collectively, the “Standard of Care”) as applicable to each:

Evoke may select all freight carriers for the transport of Products from Evoke to Eversana. If Evoke declines or fails to designate its preferred carriers, Eversana may select the carriers. In either case, even if Eversana is listed as the applicable shipper on any bill of lading or other instrument, Evoke acknowledges that: # Eversana is not responsible for the Products except after the time title to such Products are transferred to Eversana at the Premise; and # to the extent that Product has not been purchased by Eversana, Evoke's sole recourse for freight loss, damage, injury or delay in the delivery of Products tendered by Evoke for delivery to a carrier (collectively, “Freight Claims”) is an action by

General Standard of Care. The Trustee, the members of the Committee and any Investment Manager shall at all times discharge their duties with respect to the Trust solely in the interest of the Plan participants and their beneficiaries and with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims, provided, however, that the Trustee shall incur no liability to any person for any action taken pursuant to a direction, request or approval given by the Employer which is contemplated by, and in conformity with, the terms of the Plan or this Trust and is given in writing by the Employer. In the event of a dispute between the Employer and a party, the Trustee may apply to a court of competent jurisdiction to resolve the dispute.

STANDARD OF CARE. The Custodian agrees to exercise reasonable care, prudence and diligence in performing the duties set forth in [Section 3.3.1].

General Standard of Care. Provider will provide, or cause to be provided, to Recipient the Transition Services in substantially the same manner and at substantially the same level (including as to frequency, capability, capacity and functionality) as how such Transition Services were performed in the ordinary course by Provider or its Affiliates to the Business, as applicable, prior to the date of execution of the Purchase Agreement (and such service levels, the “Performance Standards”).