Common use of Binding Effect; Assignment; Severability Clause in Contracts

Binding Effect; Assignment; Severability. This Schedule shall be binding on you, your employees, officers and agents. We may assign or delegate our rights and duties under this Schedule at any time without notice to you. Your rights under this Schedule may not be assigned without our prior written consent. In the event that any provision of this Schedule conflicts with the law under which this Schedule is to be construed or if any such provision is held invalid or unenforceable by a court with jurisdiction over you and us, such provision shall be deemed to be restated to effectuate as nearly as possible the purposes of the Schedule in accordance with applicable law. The remaining provisions of this Schedule and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the full extent permitted by law.

Appears in 117 contracts

Samples: Custodian Agreement (Mutual of America Investment Corp), Global Custody Agreement, Form Of (Mutual of America Variable Insurance Portfolios, Inc.)

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Binding Effect; Assignment; Severability. This Schedule shall be binding on you, your employees, officers and agents. We Neither party may assign or delegate our its rights and duties under this Schedule at any time without notice to youthe prior written consent of the other party. Your rights under this Schedule may not be assigned without our prior written consent. In the event that any provision of this Schedule conflicts with the law under which this Schedule is to be construed or if any such provision is held invalid or unenforceable by a court with jurisdiction over you and us, such provision shall be deemed to be restated to effectuate as nearly as possible the purposes of the Schedule in accordance with applicable law. The remaining provisions of this Schedule and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the full extent permitted by law.

Appears in 18 contracts

Samples: Master Custodian Agreement (DWS Variable Series I), Custodian Agreement (DWS RREEF World Real Estate & Tactical Strategies Fund, Inc.), Master Custodian Agreement (DWS Variable Series Ii)

Binding Effect; Assignment; Severability. This Schedule shall be binding on you, you and your employees, officers and agents. We may assign or delegate our rights and duties under this Schedule at any time without notice to youonly with your prior written consent. Your rights under this Schedule may not be assigned without our prior written consent. In the event that any provision of this Schedule conflicts with the law under which this Schedule is to be construed or if any such provision is held invalid or unenforceable by a court with jurisdiction over you and us, such provision shall be deemed to be restated to effectuate as nearly as possible the purposes of the Schedule in accordance with applicable law. The remaining provisions of this Schedule and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the full extent permitted by law.

Appears in 2 contracts

Samples: Custodian Agreement (Nicholas Applegate Convertible & Income Fund Ii), Custodian Agreement (Nicholas Applegate Convertible & Income Fund)

Binding Effect; Assignment; Severability. This Schedule shall be binding on you, your employees, officers and agentsthe Fund. We may assign or delegate our rights and duties under this Schedule at any time without with reasonable prior written notice to you. Your rights under this Schedule may not be assigned without our prior written consent, which consent shall not be unreasonably withheld. In the event that any provision of this Schedule conflicts with the law under which this Schedule is to be construed or if any such provision is held invalid or unenforceable by a court with jurisdiction over you and us, such provision shall be deemed to be restated to effectuate as nearly as possible the purposes of the Schedule in accordance with applicable law. The remaining provisions of this Schedule and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the full extent permitted by law.

Appears in 2 contracts

Samples: Custodian Agreement (PowerShares India Exchange-Traded Fund Trust), Form of Custodian Agreement (PowerShares India Exchange-Traded Fund Trust)

Binding Effect; Assignment; Severability. This Schedule shall be binding on you, your employees, officers and agents. We Neither party may assign or delegate our its rights and duties under this Schedule at any time without notice to you. Your rights under this Schedule may not be assigned without our the prior written consentconsent of the other party. In the event that any provision of this Schedule conflicts with the law under which this Schedule is to be construed or if any such provision is held invalid or unenforceable by a court with jurisdiction over you and us, such provision shall be deemed to be restated to effectuate as nearly as possible the purposes of the Schedule in accordance with applicable law. The remaining provisions of this Schedule and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the full extent permitted by law.

Appears in 1 contract

Samples: Custodian Agreement (Burnham Investors Trust)

Binding Effect; Assignment; Severability. This Schedule shall be binding on youeach Fund, your its employees, officers and agents. We may assign or delegate our rights and duties under this Schedule at any time without notice to youa Fund. Your Each Fund’s rights under this Schedule may not be assigned without our prior written consent. In the event that any provision of this Schedule conflicts with the law under which this Schedule is to be construed or if any such provision is held invalid or unenforceable by a court with jurisdiction over you a Fund and us, such provision shall be deemed to be restated to effectuate as nearly as possible the purposes of the Schedule in accordance with applicable law. The remaining provisions of this Schedule and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the full extent permitted by law.

Appears in 1 contract

Samples: Custodian Agreement (Riverpark Funds Trust)

Binding Effect; Assignment; Severability. This Schedule shall be binding on you, your employees, officers and agents. We may assign or delegate our rights and duties under this Schedule at any time without notice to youonly upon your written consent. Your rights under this Schedule may not be assigned without our prior written consent. In the event that any provision of this Schedule conflicts with the law under which this Schedule is to be construed or if any such provision is held invalid or unenforceable by a court with jurisdiction over you and us, such provision shall be deemed to be restated to effectuate as nearly as possible the purposes of the Schedule in accordance with applicable law. The remaining provisions of this Schedule and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the full extent permitted by law.

Appears in 1 contract

Samples: Custodian Agreement (Alger ETF Trust)

Binding Effect; Assignment; Severability. This Schedule shall be binding on youboth parties, your their employees, officers and agents. We No party may assign or delegate our its rights and duties under this Schedule at any time without notice to you. Your rights under this Schedule may not be assigned without our prior written consentthe consent of the other party. In the event that any provision of this Schedule conflicts with the law under which this Schedule is to be construed or if any such provision is held invalid or unenforceable by a court with jurisdiction over you and us, such provision shall be deemed to be restated to effectuate as nearly as possible the purposes of the Schedule in accordance with applicable law. The remaining provisions of this Schedule and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the full extent permitted by law.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (Cambria ETF Trust)

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Binding Effect; Assignment; Severability. This Schedule shall be binding on you, your employees, officers and agents. We may assign or delegate our rights and duties under this Schedule at any time without notice to you. Your rights under this Schedule may not be assigned without our prior written consent. In the event that any provision of this Schedule conflicts with the law under which this Schedule is to be construed or if any such provision is held invalid or unenforceable by a court with jurisdiction over you and us, such provision shall be deemed to be restated to effectuate as nearly as possible the purposes of the Schedule in accordance with applicable lawApplicable Law. The remaining provisions of this Schedule and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the full extent permitted by law.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (Metaurus Equity Component Trust)

Binding Effect; Assignment; Severability. This Schedule shall be binding on youboth parties, your their employees, officers and agents. We No party may assign or delegate our its rights and duties under this Schedule at any time without notice to you. Your rights under this Schedule may not be assigned without our prior written consentthe consent of the other party. In the event that any provision of this Schedule conflicts with the law under which this Schedule is to be construed or if any such provision is held invalid or unenforceable by a court with jurisdiction over you and us, such provision shall be deemed to be restated to effectuate as nearly as possible the purposes of the Schedule in accordance with applicable law. , The remaining provisions of this Schedule and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the full extent permitted by law.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (Cambria ETF Trust)

Binding Effect; Assignment; Severability. This Schedule shall be binding on you, your employees, officers and agents. We No party may assign or delegate our its rights and duties under this Schedule at any time without notice to you. Your rights under this Schedule may not be assigned without our prior written consentthe consent of the other party. In the event that any provision of this Schedule conflicts with the law under which this Schedule is to be construed or if any such provision is held invalid or unenforceable by a court with jurisdiction over you and us, such provision shall be deemed to be restated to effectuate as nearly as possible the purposes of the Schedule in accordance with applicable law. The remaining provisions of this Schedule and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the full extent permitted by law.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (LocalShares Investment Trust)

Binding Effect; Assignment; Severability. This Schedule shall be binding on you, your employees, officers and agents. We Neither party may assign or delegate our its rights and duties under this Schedule at any time without notice to you. Your rights under this Schedule may the prior written consent of the other party, which consent shall not be assigned without our prior written consentunreasonably withheld. In the event that any provision of this Schedule conflicts with the law under which this Schedule is to be construed or if any such provision is held invalid or unenforceable by a court with jurisdiction over you and us, such provision shall be deemed to be restated to effectuate as nearly as possible the purposes of the Schedule in accordance with applicable law. The remaining provisions of this Schedule and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the full extent permitted by law.

Appears in 1 contract

Samples: Custodian Agreement (Bjurman Barry Funds)

Binding Effect; Assignment; Severability. This Schedule shall be binding on you, your employees, officers and agents. We No party may assign or delegate our its rights and duties under this Schedule at any arty time without notice to you. Your rights under this Schedule may not be assigned without our prior written consentthe consent of the other party. In the event that any provision of this Schedule conflicts with the law under which this Schedule is to be construed or if any such provision is held invalid or unenforceable by a court with jurisdiction over you and us, such provision shall be deemed to be restated to effectuate as nearly as possible the purposes of the Schedule in accordance with applicable law. The remaining provisions of this Schedule and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the full extent permitted by law.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (LocalShares Investment Trust)

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