Common use of above Clause in Contracts

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the Trust's charter documents or by-laws, or its investment objectives and policies as then in effect.

Appears in 31 contracts

Samples: Custody Agreement (Pragma Investment Trust), Custody Agreement (LMH Fund LTD), Custody Agreement (1 800 Mutuals Advisor Series)

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above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the Trust's charter documents or by-laws, or its investment objectives and policies as then in effect.

Appears in 18 contracts

Samples: Custody Agreement (Aquila Narragansett Insured Tax Free Income Fund), Custody Agreement (Prime Cash Fund), Custody Agreement (CCB Funds)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the a Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the Trust's charter documents or by-lawsbylaws, or its investment objectives and policies as then in effect.

Appears in 8 contracts

Samples: Custody Agreement (Atalanta Sosnoff Investment Trust), Custody Agreement (Lake Shore Family of Funds), Custody Agreement (Appleton Funds)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the a Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the Trust's charter documents or by-laws, or its investment objectives and policies as then in effect.

Appears in 6 contracts

Samples: Custody Agreement (Gannett Welsh & Kotler Funds), Custody Agreement (Midwest Group Tax Free Trust), Custody Agreement (Countrywide Investment Trust)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust Fund of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the TrustFund's charter documents or by-laws, or its investment objectives and policies as then in effect.

Appears in 4 contracts

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

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust Company of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust Company or the Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the TrustCompany's charter documents or by-laws, or its investment objectives and policies as then in effect.

Appears in 4 contracts

Samples: Custody Agreement (Wall Street Fund Inc), Custody Agreement (American Eagle Funds Inc), Custody Agreement (Usa Reit Fund LLC)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust Company of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the Fund Company is in compliance with the 1940 Act, the regulations thereunder, the provisions of the TrustCompany's charter documents or by-laws, or its investment objectives and policies as then in effect.

Appears in 3 contracts

Samples: Custody Agreement (Tortoise Energy Capital Corp), Custody Agreement (Tortoise Energy Infrastructure Corp), Custody Agreement (Tortoise Energy Infrastructure Corp)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust Corp of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust Corp or the Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the TrustCorp's charter documents or by-laws, or its investment objectives and policies as then in effect.

Appears in 3 contracts

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

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust Company of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the Trust's charter documents Agreement and Declaration of Trust or by-lawsBylaws, or its investment objectives and policies as then in effect.

Appears in 3 contracts

Samples: Custody Agreement (TFS Capital Investment Trust), Custody Agreement (Destination Funds), Custody Agreement (Destination Funds)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust Portfolio of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the Fund Portfolio is in compliance with the 1940 Act, the regulations thereunder, the provisions of the TrustPortfolio's charter documents or by-laws, or its investment objectives and policies as then in effect.

Appears in 3 contracts

Samples: Custody Agreement (Growth Mutual Fund Portfolio), Custody Agreement (Aggressive Growth Mutual Fund Portfolio), Custody Agreement (Flex Funds)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust Company of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the a Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the Trust's charter documents Agreement and Declaration of Trust or by-lawsBylaws, or its investment objectives and policies as then in effect.

Appears in 2 contracts

Samples: Custody Agreement (Schwartz Investment Trust), Custody Agreement (Cutler Trust)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the Fund Portfolio is in compliance with the 1940 Act, the regulations thereunder, the provisions of the Trust's charter documents or by-laws, or its investment objectives and policies as then in effect.

Appears in 2 contracts

Samples: Custody Agreement (Zodiac Trust), Custody Agreement (Zodiac Trust)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the a Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the Trust's charter documents or by-lawsbylaws, or its investment objectives and policies as then in effect.. 7.2

Appears in 2 contracts

Samples: Custody Agreement (Lake Shore Family of Funds), Custody Agreement (Wells Family of Real Estate Funds)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the Trust's charter documents or by-laws, or its investment objectives and policies as then in effect.

Appears in 2 contracts

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

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust Corporation of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust Corporation or the Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the TrustCorporation's charter documents or by-laws, or its investment objectives and policies as then in effect.

Appears in 2 contracts

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

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the Fund is in compliance with the 1940 Act, the the. regulations thereunder, the provisions of the Trust's charter documents or by-laws, or its investment objectives and policies as then in effect.

Appears in 1 contract

Samples: Custody Agreement (Glen Rauch Funds)

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above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust Fund of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust Fund or the Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the TrustFund's charter documents or by-laws, or its investment objectives and policies as then in effect.

Appears in 1 contract

Samples: Custody Agreement (Merger Fund Vl)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The , provided that, the Custodian shall promptly notify notifies the Trust in writing of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the a Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the Trust's charter documents or by-laws, or its investment objectives and policies as then in effect.

Appears in 1 contract

Samples: Custody Agreement (Brazos Mutual Funds)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust Company of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the a Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the Trust's charter documents Agreement and Declaration of Trust or by-lawsBylaws, or its investment objectives and policies as then in effect.then

Appears in 1 contract

Samples: Custody Agreement (Berwyn Funds)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without Without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the Trust's charter charter- documents or by-laws, or its investment objectives and policies as then in effect.

Appears in 1 contract

Samples: Custody Agreement (Coventry Group)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the Trust's charter documents or by-lawsbylaws, or its investment objectives and policies as then in effect.

Appears in 1 contract

Samples: Custody Agreement (Interactive Investments)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust Fund of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the TrustFund's charter documents Articles of Incorporation or by-lawsbylaws, or its investment objectives and policies as then in effect.

Appears in 1 contract

Samples: Custody Agreement (Boyar Value Fund Inc)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust of any action proposed to be taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the Trust's charter documents or by-laws, or its investment objectives and policies as then in effect.

Appears in 1 contract

Samples: Custody Agreement (Assetmark Funds)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the Trust's charter documents or by-by- laws, or its investment objectives and policies as then in effect.

Appears in 1 contract

Samples: Custody Agreement (Ayco Series Trust)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the Trust's charter documents or by-laws, or its investment objectives and policies as then in effect.. 7.2

Appears in 1 contract

Samples: Custody Agreement (Interactive Investments)

above. The Custodian shall be entitled to rely on and may act upon advice of counsel on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. The Custodian shall promptly notify the Trust Fund of any action taken or omitted by the Custodian pursuant to advice of counsel. The Custodian shall not be under any obligation at any time to ascertain whether the Trust or the Fund is in compliance with the 1940 Act, the regulations thereunder, the provisions of the TrustFund's charter documents Articles of Incorporation or by-lawsBylaws, or its investment objectives and policies as then in effect.

Appears in 1 contract

Samples: Custody Agreement (Msd&t Funds Inc)

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