Common use of Security Clause in Contracts

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 228 contracts

Samples: Custody Agreement (Monetta Trust), Custody Agreement (PFM Multi-Manager Series Trust), Custody Agreement (Mason Capital Fund Trust)

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Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 56 contracts

Samples: Custody Agreement (SP Funds Trust), Etf Custody Agreement (Themes ETF Trust), Custody Agreement (Brookfield Investment Funds)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 24 contracts

Samples: Custody Agreement (Oaktree Diversified Income Fund Inc.), Custody Agreement (DoubleLine Shiller CAPE Enhanced Income Fund), Custody Agreement (DoubleLine Opportunistic Credit Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCompany's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 22 contracts

Samples: Etf Custody Agreement (Jacob Funds Inc.), Custody Agreement (Provident Mutual Funds, Inc.), Custody Agreement (Meehan Mutual Funds, Inc.)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 21 contracts

Samples: Custody Agreement (XD Fund Trust), Custody Agreement (Oaktree Diversified Income Fund Inc.), Custody Agreement (Chestnut Street Exchange Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 19 contracts

Samples: Custody Agreement (Muzinich BDC, Inc.), Custody Agreement (Denali Structured Return Strategy Fund), Custody Agreement (Niagara Income Opportunities Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 18 contracts

Samples: Custody Agreement (Potomac Funds), Custody Agreement (Trust for Professional Managers), Custody Agreement (Trust for Professional Managers)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 17 contracts

Samples: Custody Agreement (TCW Spirit Direct Lending LLC), Custody Agreement (Comvest Credit Partners BDC Fund, L.P.), Custody Agreement (Muzinich Corporate Lending Income Fund, Inc.)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the such Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 16 contracts

Samples: Custody Agreement (Countrywide Investment Trust), Custody Agreement (Bowes Investment Trust), Custody Agreement (New Century Portfolios)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 14 contracts

Samples: Custody Agreement (Brazos Insurance Funds), Custody Agreement (Cullen Funds Trust), Custody Agreement (Winter Harbor Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Company’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 14 contracts

Samples: Custody Agreement (RBB Fund, Inc.), Custody Agreement (Fmi Funds Inc), Custody Agreement (Concorde Funds Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees’ fees and expenses) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 14 contracts

Samples: Form of Custody Agreement (LifeX Inflation-Protected Income Trust 1948F), Custody Agreement (LifeX Income Trust 1948F), Custody Agreement (Stone Ridge Trust VI)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 12 contracts

Samples: Custody Agreement (Bertolet Capital Trust), Custody Agreement (Retirement Income Trust), Custody Agreement (Ancora Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 10 contracts

Samples: Custody Agreement (F/M Funds Trust), Custody Agreement (Wilshire Variable Insurance Trust), Custody Agreement (Red Cedar Fund Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the a Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 8 contracts

Samples: Custody Agreement (Amplify Commodity Trust), Custody Agreement (Amplify Commodity Trust), Custody Agreement (ETF Managers Group Commodity Trust I)

Security. If the Custodian advances cash or Securities to the Fund Funds for any purpose, either at the TrustKCM's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund Funds shall be security therefor, and should the Fund Funds fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 7 contracts

Samples: Custody Agreement (Buffalo Funds), Custody Agreement (Buffalo Funds), Custody Agreement (Buffalo Funds)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 6 contracts

Samples: Custody Agreement (Dunhill Investment Trust), Custody Agreement (Hussman Investment Trust), Custody Agreement (Hussman Investment Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCorporation's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 6 contracts

Samples: Custody Agreement (Pebblebrook Fund Inc), Custody Agreement (Camco Investors Fund), Custody Agreement (Agile Funds Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence negligence, fraud or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 6 contracts

Samples: Custody Agreement (Angel Oak Dynamic Financial Strategies Income Term Trust), Custody Agreement (Angel Oak Financial Strategies Income Term Trust), Custody Agreement (Tortoise Essential Assets Income Term Fund)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the TrustCompany's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 6 contracts

Samples: Custody Agreement (Leuthold Funds Inc), Custody Agreement (RBB Fund, Inc.), Custody Agreement (RBB Fund, Inc.)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 4 contracts

Samples: Custody Agreement (CCM Advisors Funds), Custody Agreement (CCM Advisors Funds), Custody Agreement (Ccma Select Investment Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' feesfees and expenses) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Samples: Custody Agreement (Stone Ridge Trust II), Custody Agreement (Stone Ridge Trust III), Custody Agreement (Stone Ridge Trust II)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) ’ fees and disbursements), liability or claim (except such as may arise from its or its nominee's ’s negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Samples: Custody Agreement (Intrepid Capital Management Funds Trust), Custody Agreement (Skyhawk Capital Management Funds Trust), Custody Agreement (Intrepid Capital Management Funds Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Company’s or the Trust's request request, as applicable, or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Samples: Custody Agreement (Kinetics Mutual Funds Inc), Custody Agreement (Kinetics Portfolios Trust), Custody Agreement (Kinetics Mutual Funds Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCorp's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the a Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Samples: Custody Agreement (Reynolds Funds Inc), Custody Agreement (Fmi Common Stock Fund Inc), Custody Agreement (Fmi Funds Inc)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees’ fees and expenses) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Samples: Custody Agreement (Stone Ridge Trust), Custody Agreement (Stone Ridge Trust), Custody Agreement (Stone Ridge Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Samples: Custody Agreement (Builders Fixed Income Fund Inc), Custody Agreement (Southwest Small Cap Equity Fund Inc), Custody Agreement (Merger Fund Vl)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Corp’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) ’ fees and disbursements), liability or claim (except such as may arise from its or its nominee's ’s negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the a Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Samples: Custody Agreement (Brandywine Fund Inc), Custody Agreement (Brandywine Blue Fund Inc), Custody Agreement (Fmi Mutual Funds Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Samples: Form Of (Gintel Fund), Custody Agreement (Boyar Value Fund Inc), Custody Agreement (Gintel Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconductmisconduct or breach of this Agreement), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Samples: Custody Agreement (Eip Investment Trust), Amended And (Aegis Funds), Custody Agreement (Aegis Funds)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the a Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Samples: Custody Agreement (Valkyrie Bitcoin Fund), Custody Agreement (Tidal Commodities Trust I), Custody Agreement (Teucrium Commodity Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence or faith and willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the such Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Samples: Custody Agreement (Wachovia Variable Insurance Funds), Custody Agreement (Wachovia Variable Insurance Funds), Custody Agreement (Wachovia Funds)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Samples: Custody Agreement (Greenspring Fund Inc), Custody Agreement (Greenspring Fund Inc), Custody Agreement (Madison Strategic Sector Premium Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Trusts’ request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Samples: Underlying Funds Trust Custody Agreement (Hatteras Alternative Mutual Funds Trust), Underlying Funds Trust Custody Agreement (Underlying Funds Trust), Underlying Funds Trust Custody Agreement (Hatteras Alternative Mutual Funds Trust)

Security. If the Custodian advances cash or Securities to the Fund -------- for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.. 10.04

Appears in 2 contracts

Samples: Custody Agreement (Pc&j Preservation Fund /Oh/), Custody Agreement (Pc&j Performance Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCompany 's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Closed End Fund (City National Rochdale High Yield Alternative Strategies Fund LLC), Custody Agreement (American Money Management Funds)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trustsuch Fund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the such Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Closed End Fund (Hatteras 1099 Advantage Institutional Fund), Closed End Fund (Hatteras 1099 Advantage Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCompany's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Weldon Capital Funds Inc), Custody Agreement (Weldon Capital Funds Inc)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Hussman Investment Trust), Custody Agreement (Direxion Shares ETF Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trusta Fund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the Fund Funds fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the relevant Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (PNMAC Mortgage Opportunity Fund LP), Custody Agreement (PNMAC Mortgage Opportunity Fund, LLC)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Brazos Mutual Funds), Custody Agreement (Fort Pitt Capital Funds)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCorporation's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Norcap Funds Inc), Amended and Restated (Chaconia Income & Growth Fund Inc)

Security. If the Custodian advances cash or Securities to the Fund a Funds for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the that Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Alpine Equity Trust), Custody Agreement (Alpine Series Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the such Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Ranger Funds Investment Trust), Custody Agreement (LKCM Funds)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the applicable Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the applicable Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Trust Custody Agreement (Underlying Funds Trust), Trust Custody Agreement (Hatteras Alternative Mutual Funds Trust)

Security. If the Custodian advances cash or Securities to the Fund Funds for any purpose, either at the Trust's Funds’ request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund Funds shall be security therefor, and should the Fund Funds fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund Funds and to dispose of other assets of such Fund Funds to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Salient MLP & Energy Infrastructure Fund), Custody Agreement (Salient MLP & Energy Infrastructure Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Adviser’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Aristotle Funds Series Trust), Custody Agreement (Aristotle Funds Series Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCorporation 's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Monetta Fund Inc), Custody Agreement (Ohio National Fund Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefortherefore, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Cushing Renaissance Fund), Custody Agreement (Cushing Renaissance Fund)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the that Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Cadre Institutional Investors Trust), Custody Agreement (Alpine Income Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefortherefore, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Angel Oak Funds Trust), Custody Agreement (Absolute Shares Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the TrustCorporation's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Wilshire Mutual Funds Inc), Custody Agreement (Thompson Plumb Funds Inc)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' feesfees and expenses) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Stone Ridge Trust), Custody Agreement (Stone Ridge Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the TrustCorporation's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Aha Investment Funds Inc), Custody Agreement (Aha Investment Funds Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCompany's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Wall Street Fund Inc), Custody Agreement (Leuthold Funds Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence negligence, fraud or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Tortoise Tax-Advantaged Social Infrastructure Fund, Inc.), Custody Agreement (USQ Core Real Estate Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Corporation’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Primary Trend Fund Inc), Custody Agreement (Primary Income Funds Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under 17 this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Samples: Custody Agreement (Collaborative Investment Series Trust), Custody Agreement (Second Nature Series Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the a Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.. FINAL

Appears in 1 contract

Samples: Custody Agreement (Direxion Shares ETF Trust II)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's gross negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the such Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Fountain Square Funds)

Security. If the Custodian advances cash or Securities to the any Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the such Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Procure ETF Trust I)

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Security. If the Custodian or the Agent advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee the Agent incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the CustodianCustodian or the Agent, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Altaba Inc.)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated contemplates in this Agreement, or in the event that the Custodian or its nominee nominees incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) ’ fees and disbursements), liability or claim (except such as may arise from its or its nominee's ’s negligence, bad faith, negligence faith or willful misconduct), then, then in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Cullen Funds Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify indenmify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnificationindenmification.

Appears in 1 contract

Samples: Custody Agreement (Northern Lights Fund Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnificationindemnification to the extent permitted under applicable law.

Appears in 1 contract

Samples: Custody Agreement (Bridges Investment Fund Inc)

Security. If the Custodian advances cash or Securities to the Fund Trust for any purpose, either at the Trust's Trust ‘s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund Trust shall be security therefor, and should the Fund Trust fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund Trust and to dispose of other assets of such Fund Trust to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Closed End Fund Custody Agreement (Cushing MLP Total Return Fund)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the TrustCorporation's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custodian Agreement (Tanaka Funds Inc)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the TrustCompany's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the such Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Wisconsin Capital Funds Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence negligence, fraud or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Axxes Private Markets Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence negligence, fraud, or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Axonic Alternative Income Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s fraud, bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (First Eagle Private Credit Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence negligence, fraud or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Private Investment Company (WTI Fund XI, Inc.)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCompany's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (American Eagle Funds Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) ’ fees and disbursements), liability or claim (except such as may arise from its or its nominee's ’s negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the a Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Henlopen Fund)

Security. If the Custodian advances cash or Securities to the Fund Trust for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund Trust shall be security therefor, and should the Fund Trust fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund Trust and to dispose of other assets of such Fund Trust to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (VanEck Coastland Online Finance Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence negligence, fraud or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (NC SLF Inc.)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefortherefore, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Bridge Builder Trust)

Security. If the Custodian advances cash or Securities to the any Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) attorneys’fees and disbursements), liability or claim (except such as may arise from its or its nominee's ’s negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the any Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Amended and Restated Custody Agreement (Assetmark Funds)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be he entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.:

Appears in 1 contract

Samples: Custody Agreement (Advisors' Inner Circle Fund II)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCompany's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconductmisconduct or breach of this Agreement), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Aegis Value Fund Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, lossless, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the should. Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other Other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Mainstay Funds Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.. ETF - 2014

Appears in 1 contract

Samples: Custody Agreement (Plus Trust)

Security. If the Custodian advances cash or Securities to the any Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) attorneys fees and disbursements), liability or claim (except such as may arise from its or its nominee's nominees negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the any Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Lindner Investments)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification:.·

Appears in 1 contract

Samples: Custody Agreement (Shelton Greater China Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Zell Capital)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund Funds shall be security therefor, and should the Fund Funds fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund Funds and to dispose of other assets of such Fund Funds to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (ALPS Series Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Destiny Tech100 Inc.)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the TrustCompany 's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Baird Funds Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.. 03/21/2017 17

Appears in 1 contract

Samples: Custody Agreement (City National Rochdale Select Strategies Fund)

Security. If the Custodian advances cash or Securities to the Fund Company for any purpose, either at the TrustCompany's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund Company shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund the Company and to dispose of other assets of such Fund the Company to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Jensen Quality Growth Fund Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence fraud, negligence, willful misconduct or willful misconductviolation of applicable law), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (RMB Investors Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Corporation’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) ’ fees and disbursements), liability or claim (except such as may arise from its or its nominee's ’s negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Perritt Microcap Opportunities Fund Inc)

Security. If the Custodian advances cash or Securities to the Fund --------- for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Cm Advisers Family of Funds)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the a Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification; provided, however, that a Fund does not dispute either the existence or the amount of such obligation.

Appears in 1 contract

Samples: Custody Agreement (Olstein Funds)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's Company’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (RBB Fund, Inc.)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Boyar Value Fund Inc)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's gross negligence, bad faith, negligence or faith and willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the such Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Bayfunds)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCompany's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Provident Mutual Funds, Inc.)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the a Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Lou Holland Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCompany's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Samples: Custody Agreement (Baird Funds Inc)

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