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1 0 <br /> 28.3 Both parties agree to exercise good faith in dispute resolution and to avoid <br /> arbitration and litigation whenever reasonably possible. Nothing in this <br /> Agreement shall prevent either party, after the expiration of the three (3) <br /> day period in subsection 28.2, from pursuing other methods of dispute <br /> resolution. <br /> 28.4 The Agency and the Bank agree that, the existence of a dispute <br /> notwithstanding, they will continue without delay to carry out all their <br /> respective responsibilities under this Agreement which are not affected by <br /> the dispute. <br /> 29. CONSENT <br /> Both parties agree that whenever a party's consent is required under the terms of <br /> this Agreement,that consent shall not be unreasonably delayed or withheld. <br /> BANK RESPONSIBILITIES <br /> 30. RESPONSIBILITY OF BANK <br /> 30.1 The Bank shall perform its duties hereunder with "Due Care." For the <br /> purposes of this agreement, "Due Care" shall mean the degree of care and <br /> skill demonstrated by agents acting in like capacity as a safekeeping <br /> custodian. The Bank shall not be responsible for the title, validity, or <br /> genuineness, including good deliverable form, of any property or evidence <br /> of title thereto received by it or delivered by it pursuant to this Agreement. <br /> The Bank may at its discretion appoint and remove agents or <br /> Subcustodians to carry out such of the provisions of this Agreement as the <br /> Bank may from time to time direct; provided, however, that such <br /> appointment shall not relieve the. Bank of its responsibilities or liabilities <br /> under this Agreement, and provided further that any depository selected <br /> with Due Care by the Bank shall not be deemed for purposes of this <br /> Agreement an agent or Subcustodian of the Bank. <br /> 30.2 Provided always that the Bank and its agents and Subcustodians act in <br /> . good faith and with the exercise of Due Care in performance of such. <br /> duties as would ordinarily be expected of a financial institution in the <br /> relevant market and subject to the terms of the Agreement: <br /> 30.2.1 It is not liable for any loss or damage caused by the delay or failure <br /> of any central bank, any depository, or any commercially prevalent <br /> payment or clearing system to deliver to or for the Bank or its <br /> Subcustodians securities purchased or sold, or to make or receive <br /> and remit, any payment in connection with purchases or sales of <br /> securities, for delays or failures in providing corporate action <br /> notices, or for delays or inability by the Bank to perform its duties <br /> Statewide Custody Provider Program <br /> Agreement for Custody Services 13 <br /> 115 <br />