Common use of CONCERNING CUSTODIAN Clause in Contracts

CONCERNING CUSTODIAN. Custodian shall be paid by the Manager as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing among the parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. So long as and to the extent that it exercises reasonable care, Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board of Trustees of Skyline, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. Skyline agrees on behalf of each Fund to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement as to that Fund, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Funds for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of Skyline, on behalf of a Fund, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of that Fund shall be security therefore.

Appears in 3 contracts

Samples: Amended and Restated Custodian Agreement (Skyline Fund), Amended And (Skyline Fund), Amended And (Skyline Fund)

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CONCERNING CUSTODIAN. The Custodian shall be paid by the Manager as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing among between the two parties. Until modified in writingwriting between the Custodian and the Fund, such compensation shall be as set forth in Exhibit A attached hereto. So long as and to the extent that it exercises reasonable care, The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board of Trustees of SkylineDirectors, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. Skyline The Fund agrees on behalf of each Fund to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement as to that FundAgreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Funds Fund for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of Skyline, on behalf of a Fund, the Fund or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of that the Fund shall be security thereforetherefor.

Appears in 2 contracts

Samples: Custodian Agreement (Nicholas Money Market Fund Inc), Custodian Agreement (Nicholas Limited Edition Inc)

CONCERNING CUSTODIAN. The Custodian shall shal1 be paid by the Manager as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing among between the two parties. Until modified in writingwriting between the Custodian and the Fund, such compensation shall be as set forth in Exhibit A attached hereto. So long as and to the extent that it exercises reasonable care, The Custodian shall shal1 not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board of Trustees of SkylineDirectors, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. Skyline The Fund agrees on behalf of each Fund to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement as to that FundAgreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Funds Fund for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of Skyline, on behalf of a the Fund, or in the event that the Custodian or its is nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of that the Fund shall be security thereforetherefor.

Appears in 1 contract

Samples: Cusiodian Agreement (Nicholas Fund Inc)

CONCERNING CUSTODIAN. The Custodian shall be paid by the Manager as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing among between the partiesCorporation, on behalf of the Funds, and the Custodian. Until modified in writing, such compensation shall be as set forth in Exhibit A Schedule B attached hereto. So long as and to the extent that it exercises reasonable care, The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board of Trustees of SkylineBoard, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. Skyline agrees The Corporation, on behalf of each Fund the Funds, agrees to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement as to that FundAgreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any the applicable account of the Funds a Fund for such items. In the event of any advance of cash for by the Custodian which results in any purpose made by Custodian resulting from orders or instructions of Skyline, on behalf overdraft of a Fund, or which is a money market fund subject to Rule 2a-7 under the Investment Company Act, the Custodian is granted a security interest in such Fund's assets limited to the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with extent of the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of that Fund shall be security thereforeoverdraft.

Appears in 1 contract

Samples: Custodian Agreement (Strong Life Stage Series Inc)

CONCERNING CUSTODIAN. The Custodian shall be paid by the Manager as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing among between the two parties. Until modified in writingwriting between the Custodian and the Fund, such compensation shall be as set forth in Exhibit A attached hereto. So long as and to the extent that it exercises reasonable care, The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board of Trustees of SkylineDirectors, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. Skyline The Fund agrees on behalf of each Fund to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement as to that FundAgreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Funds Fund for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of Skyline, on behalf of a the Fund, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of that the Fund shall be security thereforetherefor.

Appears in 1 contract

Samples: Custodian Agreement (Nicholas Ii Inc)

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CONCERNING CUSTODIAN. The Custodian shall be paid by the Manager as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing among between the two parties. Until modified in writingwriting between the Custodian and the Fund, such compensation shall be as set forth in Exhibit A attached hereto. So long as and to the extent that it exercises reasonable care, The Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board of Trustees of SkylineDirectors, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. Skyline The Fund agrees on behalf of each Fund to indemnify and hold harmless the Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement as to that FundAgreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. The Custodian is authorized to charge any account of the Funds Fund for such items. In the event of any advance of cash for any purpose made by the Custodian resulting from orders or instructions of Skyline, on behalf of a Fund, the Fund or in the event that than the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of that the Fund shall be security thereforetherefor.

Appears in 1 contract

Samples: Custodian Agreement (Nicholas Income Fund Inc)

CONCERNING CUSTODIAN. Custodian shall be paid by the Manager as compensation for its services pursuant to this Agreement such compensation as may from time to time be agreed upon in writing among between the two parties. Until modified in writing, such compensation shall be as set forth in Exhibit A attached hereto. So long as and to the extent that it exercises is in the exercise of reasonable care, Custodian shall not be liable for any action taken in good faith upon any certificate herein described or certified copy of any resolution of the Board of Trustees of SkylineBoard, and may rely on the genuineness of any such document which it may in good faith believe to have been validly executed. Skyline The Company agrees on behalf of each Fund to indemnify and hold harmless Custodian and its nominee from all taxes, charges, expenses, assessments, claims and liabilities (including counsel fees) incurred or assessed against it or by its nominee in connection with the performance of this Agreement as to that FundAgreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct. Custodian is authorized to charge any account of the Funds Company for such items. In the event of any advance of cash for any purpose made by Custodian resulting from orders or instructions of Skyline, on behalf of a Fundthe Company, or in the event that Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Agreement, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of that Fund the Company shall be security thereforetherefor.

Appears in 1 contract

Samples: Custodian Agreement (Strong Multi Cap Value Fund Inc)

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