Common use of Custody of Assets Clause in Contracts

Custody of Assets. Title to all investments shall be held in the name of the Funds, provided that for convenience in buying, selling and exchanging securities (stocks, bonds, commercial paper, etc.), title to such securities may be held in the name of the Trust’s custodian bank, or its nominee. All cash and the indicia of ownership of all other investments shall be held by the Trust’s custodian bank. Sub-Adviser shall not act as custodian of the assets held in the Funds and shall at no time have the right to physically possess the assets of the Funds or have the assets registered in its own name or the name of its nominee, nor shall Sub-Adviser in any manner acquire or become possessed of any income, whether in kind or cash, or proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets of the Funds. In accordance with the preceding sentence, Sub-Adviser shall have no responsibility with respect to the collection of income, physical acquisition or the safekeeping of the assets of the Funds. All such duties of collection, physical acquisition and safekeeping shall be the sole obligation of the custodian. The Sub-Adviser shall have no liability for the acts or omissions of the authorized custodian(s), unless such act or omission is required by and taken in reliance upon instructions given to the authorized custodian(s) by a representative of the Sub-Adviser pursuant to the authorized signatory lists provided to the Adviser by the Sub-Adviser or as a result the Sub-Adviser’s willful misfeasance, bad faith, gross negligence, fraud, reckless disregard, or willful misconduct in connection with any actions that the Sub-Adviser has taken or should have taken with respect to the authorized custodian. Sub-Adviser has not assisted in the selection of the Funds’ custodian. The Trust or the Adviser shall notify the Sub-Adviser of the identities of its custodian bank and the custody arrangements therewith with respect to the Funds and shall give the Sub-Adviser written notice of any changes in such custodian bank or custody arrangements. The Sub-Adviser shall on each business day provide the Adviser and the Trust’s custodian such information as the Adviser and the Trust’s custodian may reasonably request in good faith relating to all transactions concerning the Funds. The Trust shall instruct its custodian bank to (a) carry out all investment instructions as may be directed by the Sub-Adviser with respect to the Funds (which instructions may be orally given if confirmed in writing and in accordance with the respective custody agreement); and (b) provide the Sub-Adviser with all operational information reasonable necessary for the Sub-Adviser to trade the Sub-Adviser assets on behalf of the Fund.

Custody of Assets. Title to all investments shall be held in the name of the Funds, provided that for convenience in buying, selling and exchanging securities (stocks, bonds, commercial paper, etc.), title to such securities may be held in the name of the Trust’s custodian bank, or its nominee. All cash and the indicia of ownership of all other investments shall be held by the Trust’s custodian bank. Sub-Adviser shall not act as custodian of the assets held in the Funds and shall at no time have the right to physically possess the assets of the Funds or have the assets registered in its own name or the name of its nominee, nor shall Sub-Adviser in any manner acquire or become possessed of any income, whether in kind or cash, or proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets of the Funds. In accordance with the preceding sentence, Sub-Adviser shall have no responsibility with respect to the collection of income, physical acquisition or the safekeeping of the assets of the Funds. All such duties of collection, physical acquisition and safekeeping shall be the sole obligation of the custodian. The However, Sub-Adviser is authorized, as agent of the Funds, to give instructions to the Funds’ custodian with respect to the assets of the Funds in order to carry out its duties under the terms of this Agreement, including with respect to delivery of securities and other investments and payments of cash for the account of the Funds. Notwithstanding any provision to the contrary contained herein, the Sub-Adviser shall have no liability not be liable for the acts or omissions of the authorized custodian(s), unless such any act or omission is required by and taken in reliance upon instructions given to the authorized custodian(s) by a representative of any custodian of the Sub-Adviser pursuant to the authorized signatory lists provided to the Adviser Funds’ assets, except by the Sub-Adviser or as a result reason of the Sub-Adviser’s willful misfeasance, bad faith, gross negligence, fraud, reckless disregard, disregard or willful misconduct in connection with any actions that the Sub-Adviser has taken or should have taken with respect to the authorized custodian. Sub-Adviser has not assisted custodian in the selection of the Funds’ custodian. The Trust or the Adviser shall notify the Sub-Adviser of the identities of accordance with its custodian bank duties and the custody arrangements therewith with respect to the Funds and shall give the Sub-Adviser written notice of any changes in such custodian bank or custody arrangementsobligations under this Agreement. The Sub-Adviser shall on each business day provide have no responsibility for the Adviser and segregation requirement of the Trust’s custodian such information as the Adviser and the Trust’s custodian may reasonably request in good faith relating 1940 Act or other applicable law other than to all transactions concerning notify the Funds. The Trust shall instruct its ’ custodian bank to (a) carry out all investment instructions as may be directed by the Sub-Adviser with respect to the Funds (which instructions may be orally given if confirmed in writing of investments that require segregation and in accordance with the respective custody agreement); and (b) provide the Sub-Adviser with all operational information reasonable necessary appropriate assets for the Sub-Adviser to trade the Sub-Adviser assets on behalf of the Fundsegregation.

Custody of Assets. The Sub-Adviser shall have no responsibility with respect to maintaining custody of the Funds’ assets. The Sub-Adviser shall from time to time provide Custodian and the Adviser with evidence of authority of its personnel who are authorized to give instructions to Custodian. Title to all investments shall be held in the name of the Funds, provided that investments shall be held in the name of the Funds, provided that for convenience in buying, selling and exchanging securities (stocks, bonds, commercial paper, etcect.), title to such securities may be held in the name of the Trust’s custodian bank, or its nominee. All cash and the indicia of ownership of all other investments shall be held by the Trust’s custodian bank. The Sub-Adviser shall not act as a custodian of for the assets held in the Funds and shall at no time have the right to physically possess the assets of the Funds or have the assets registered in its own name or the name of its nominee, nor shall the Sub-Adviser shall not in any manner acquire or become possessed of any income, whether in kind or cash, or cash proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets of the Funds. In accordance with the preceding sentence, the Sub-Adviser shall have no responsibility responsibilities with respect to the collection of income, physical acquisition or the safekeeping of the assets of the Funds. All Fund’s assets; such duties of collection, physical acquisition and safekeeping shall be the sole obligation of the custodianCustodian. The Sub-In the event the Adviser shall have no liability for the acts or omissions of the authorized custodian(s)Custodian engages in securities lending activities, unless such act or omission is required by and taken in reliance upon instructions given to the authorized custodian(s) by a representative of the Sub-Adviser pursuant will not be a party to the authorized signatory lists provided to the Adviser by the Sub-Adviser or as a result the Sub-Adviser’s willful misfeasance, bad faith, gross negligence, fraud, reckless disregard, or willful misconduct in connection with any actions aware of such lending activities. It is understood that the Sub-Adviser has taken shall not be responsible for settlement delay or should have taken with respect failure or any related costs or loss due to the authorized custodian. Sub-Adviser has not assisted in the selection of the Funds’ custodiansuch activities. The Trust or Fund and/or the Adviser shall notify the Sub-Adviser of the identities of its custodian bank Adviser, as applicable, will execute custodial and the custody arrangements therewith with respect to the Funds and shall give the Sub-Adviser written notice of any changes in such custodian bank or custody arrangements. The Sub-Adviser shall on each business day provide the Adviser and the Trust’s custodian such information as the Adviser and the Trust’s custodian may reasonably request in good faith relating to all transactions concerning the Funds. The Trust shall instruct its custodian bank to (a) carry out all investment instructions other agreements as may be directed by the Subnecessary to open an account with futures clearing brokers and, if necessary, International Swaps and Derivatives Association, Inc. (“ISDA”) agreements with an over-Adviser with respect to the Funds (which instructions may be orally given if confirmed in writing and in accordance with the respective custody agreement); and (b) provide the Subthe-Adviser with all operational information reasonable necessary for the Sub-Adviser to trade the Sub-Adviser assets on behalf of the Fundcounter foreign currency forward prime broker.

Custody of Assets. Title to all investments shall be held in the name of the Funds, provided that for convenience in buying, selling and exchanging securities (stocks, bonds, commercial paper, etc.), title to such securities may be held in the name of the Trust’s 's custodian bank, or its nominee. All cash and the indicia of ownership of all other investments shall be held by the Trust’s 's custodian bank. Sub-Adviser shall not act as custodian of the assets held in the Funds and shall at no time have the right to physically possess the assets of the Funds or have the assets registered in its own name or the name of its nominee, nor shall Sub-Adviser in any manner acquire or become possessed of any income, whether in kind or cash, or proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets of the Funds. In accordance with the preceding sentence, Sub-Adviser shall have no responsibility with respect to the collection of income, physical acquisition or the safekeeping of the assets of the Funds. All such duties of collection, physical acquisition and safekeeping shall be the sole obligation of the custodian. The However, Sub-Adviser is authorized, as agent of the Funds, to give instructions to the Funds' custodian with respect to the assets of the Funds in order to carry out its duties under the terms of this Agreement, including with respect to delivery of securities and other investments and payments of cash for the account of the Funds. Notwithstanding any provision to the contrary contained herein, the Sub-Adviser shall have no liability not be liable for the acts or omissions of the authorized custodian(s), unless such any act or omission is required of any custodian of the Funds' assets, except by and taken in reliance upon instructions given to the authorized custodian(s) by a representative reason of the Sub-Adviser pursuant to the authorized signatory lists provided to the Adviser by the Sub-Adviser or as a result the Sub-Adviser’s 's willful misfeasance, bad faith, gross negligence, fraud, reckless disregard, disregard or willful misconduct in connection with any actions that the Sub-Adviser has taken or should have taken with respect to the authorized custodian. Sub-Adviser has not assisted custodian in the selection of the Funds’ custodian. The Trust or the Adviser shall notify the Sub-Adviser of the identities of accordance with its custodian bank duties and the custody arrangements therewith with respect to the Funds and shall give the Sub-Adviser written notice of any changes in such custodian bank or custody arrangementsobligations under this Agreement. The Sub-Adviser shall on each business day provide have no responsibility for the Adviser and segregation requirement of the Trust’s custodian such information as the Adviser and the Trust’s custodian may reasonably request in good faith relating 1940 Act or other applicable law other than to all transactions concerning notify the Funds. The Trust shall instruct its ' custodian bank to (a) carry out all investment instructions as may be directed by the Sub-Adviser with respect to the Funds (which instructions may be orally given if confirmed in writing of investments that require segregation and in accordance with the respective custody agreement); and (b) provide the Sub-Adviser with all operational information reasonable necessary appropriate assets for the Sub-Adviser to trade the Sub-Adviser assets on behalf of the Fundsegregation.

Custody of Assets. Title to all investments shall be held in the name of the Funds, provided that for convenience in buying, selling and exchanging securities (stocks, bonds, commercial paper, etc.), title to such securities may be held in the name of the Trust’s 's custodian bank, or its nominee. All cash and the indicia of ownership of all other investments shall be held by the Trust’s 's custodian bank. Sub-Adviser shall not act as custodian of the assets held in the Funds and shall at no time have the right to physically possess the assets of the Funds or have the assets registered in its own name or the name of its nominee, nor shall Sub-Adviser in any manner acquire or become possessed of any income, whether in kind or cash, or proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets of the Funds. In accordance with the preceding sentence, Sub-Adviser shall have no responsibility with respect to the collection of income, physical acquisition or the safekeeping of the assets of the Funds. All such duties of collection, physical acquisition and safekeeping shall be the sole obligation of the custodian. The Sub-Adviser shall have no liability not be liable for the acts or omissions of the authorized custodian(s), unless such any act or omission is required of such custodian, except by and taken in reliance upon instructions given to the authorized custodian(s) by a representative reason of the Sub-Adviser pursuant to the authorized signatory lists provided to the Adviser by the Sub-Adviser or as a result the Sub-Adviser’s 's willful misfeasance, bad faith, gross negligence, fraud, reckless disregard, disregard or willful misconduct in connection with any actions that the Sub-Adviser has taken or should have taken with respect to the authorized custodian. Sub-Adviser has not assisted in the selection of the Funds’ custodian. The Trust or Adviser undertakes that where it has instructed the custodian to arrange for investment of cash held in the Fund (including without limitation where a sweep into the custodian's short-term investment funds is put in place), the Adviser shall notify the Sub-Adviser of the identities of its custodian bank such cash management arrangements, and the custody arrangements therewith with respect to the Funds and shall give the Sub-Adviser written notice shall have no responsibility or liability, whether under this Agreement or otherwise (including under the FSA Rules), in respect of any changes in cash invested under such custodian bank or custody cash management arrangements. The In particular the Sub-Adviser shall on each business day provide the Adviser and the Trust’s custodian not be required to operate or monitor such information as the Adviser and the Trust’s custodian may reasonably request cash management arrangements or to ensure that such cash management arrangements are suitable, in good faith relating to all transactions concerning the Funds. The Trust shall instruct its custodian bank to (a) carry out all investment instructions as may be directed by the Sub-Adviser with respect to the Funds (which instructions may be orally given if confirmed in writing and in accordance with the respective custody agreement); and (b) provide the Sub-Adviser with all operational information reasonable necessary for the Sub-Adviser to trade the Sub-Adviser assets on behalf of the Fund's best interests, and are operated in a way that gives the Fund the best possible result.

Custody of Assets. Sub-Adviser shall have no responsibility with respect to maintaining custody of the Funds’ assets. Sub-Adviser shall from time to time provide Custodian and Adviser with evidence of authority of its personnel who are authorized to give instructions to Custodian. Title to all investments shall be held in the name of the Funds, provided that investments shall be held in the name of the Funds, provided that for convenience in buying, selling and exchanging securities (stocks, bonds, commercial paper, etcect.), title to such securities may be held in the name of the Trust’s custodian bank, or its nominee. All cash and the indicia of ownership of all other investments shall be held by the Trust’s custodian bank. Sub-Adviser shall not act as a custodian of for the assets held in the Funds and shall at no time have the right to physically possess the assets of the Funds or have the assets registered in its own name or the name of its nominee, nor shall Sub-Adviser shall not in any manner acquire or become possessed of any income, whether in kind or cash, or cash proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets of the Funds. In accordance with the preceding sentence, Sub-Adviser shall have no responsibility responsibilities with respect to the collection of income, physical acquisition or the safekeeping of the assets of the Funds. All Fund’s assets; such duties of collection, physical acquisition and safekeeping shall be the sole obligation of the custodianCustodian. The Sub-In the event the Adviser shall have no liability for the acts or omissions of the authorized custodian(s)Custodian engages in securities lending activities, unless such act or omission is required by and taken in reliance upon instructions given to the authorized custodian(s) by a representative of the Sub-Adviser pursuant will not be a party to the authorized signatory lists provided to the Adviser by the Sub-Adviser or as a result the Sub-Adviser’s willful misfeasance, bad faith, gross negligence, fraud, reckless disregard, or willful misconduct in connection with any actions aware of such lending activities. It is understood that the Sub-Adviser has taken shall not be responsible for settlement delay or should have taken with respect failure or any related costs or loss due to the authorized custodian. Sub-Adviser has not assisted in the selection of the Funds’ custodiansuch activities. The Trust or Fund and/or the Adviser shall notify the Sub-Adviser of the identities of its custodian bank Adviser, as applicable, will execute custodial and the custody arrangements therewith with respect to the Funds and shall give the Sub-Adviser written notice of any changes in such custodian bank or custody arrangements. The Sub-Adviser shall on each business day provide the Adviser and the Trust’s custodian such information as the Adviser and the Trust’s custodian may reasonably request in good faith relating to all transactions concerning the Funds. The Trust shall instruct its custodian bank to (a) carry out all investment instructions other agreements as may be directed by the Subnecessary to open an account with futures clearing brokers and, if necessary, International Swaps and Derivatives Association, Inc. (“ISDA”) agreements with an over-Adviser with respect to the Funds (which instructions may be orally given if confirmed in writing and in accordance with the respective custody agreement); and (b) provide the Subthe-Adviser with all operational information reasonable necessary for the Sub-Adviser to trade the Sub-Adviser assets on behalf of the Fundcounter foreign currency forward prime broker.

Custody of Assets. Title to all investments shall be held in the name of the Funds, provided that for convenience in buying, selling and exchanging securities (stocks, bonds, commercial paper, etc.), title to such securities may be held in the name of the Trust’s custodian bank, or its nominee. All cash and the indicia of ownership of all other investments shall be held by the Trust’s custodian bank. Sub-Adviser shall not act as custodian of the assets held in the Funds and shall at no time have the right to physically possess the assets of the Funds or have the assets registered in its own name or the name of its nominee, nor shall Sub-Adviser in any manner acquire or become possessed of any income, whether in kind or cash, or proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets of the Funds. In accordance with the preceding sentence, Sub-Adviser shall have no responsibility with respect to the collection of income, physical acquisition or the safekeeping of the assets of the Funds. All such duties of collection, physical acquisition and safekeeping shall be the sole obligation of the custodian. The Sub-Adviser shall have no liability for the acts or omissions of the authorized custodian(s), unless such act or omission is required by and taken in reliance upon instructions given to the authorized custodian(s) by a representative of the Sub-Adviser pursuant to the authorized signatory lists provided to the Adviser by the Sub-Adviser or as a result the Sub-Adviser’s willful misfeasance, bad faith, gross negligence, fraud, reckless disregard, or willful misconduct in connection with any actions that the Sub-Adviser has taken or should have taken with respect to the authorized custodian. Sub-Adviser has not assisted in the selection of the Funds’ custodian. The Trust or the Adviser shall notify the Sub-Adviser of the identities of its custodian bank and the custody arrangements therewith with respect to the Funds and shall give the Sub-Adviser written notice of any changes in such custodian bank or custody arrangements. The Sub-Adviser shall on each business day provide the Adviser and the Trust’s custodian such information as the Adviser and the Trust’s custodian may reasonably request in good faith relating to all transactions concerning the Funds. The Trust shall instruct its custodian bank to (a) carry out all investment instructions as may be directed by the Sub-Adviser with respect to the Funds (which instructions may be orally given if confirmed in writing and in accordance with the respective custody agreement); and (b) provide the Sub-Adviser with all operational information reasonable reasonably necessary for the Sub-Adviser to trade the Sub-Adviser assets on behalf of the Fund.

Custody of Assets. Title to all investments shall be held in the name of the Funds, provided that for convenience in buying, selling and exchanging securities (stocks, bonds, commercial paper, etc.), title to such securities may be held in the name of the Trust’s custodian bank, or its nominee. All cash and the indicia of ownership of all other investments shall be held by the Trust’s custodian bank. Sub-Adviser shall not act as custodian of the assets held in the Funds and shall at no time have the right to physically possess the assets of the Funds or have the assets registered in its own name or the name of its nominee, nor shall Sub-Adviser in any manner acquire or become possessed of any income, whether in kind or cash, or proceeds, whether in kind or cash, distributable by reason of selling, holding or controlling such assets of the Funds. In accordance with the preceding sentence, Sub-Adviser shall have no responsibility with respect to the collection of income, physical acquisition or the safekeeping of the assets of the Funds. All such duties of collection, physical acquisition and safekeeping shall be the sole obligation of the custodian. The Sub-Adviser shall have no liability not be liable for the acts or omissions of the authorized custodian(s), unless such any act or omission is required of such custodian, except by and taken in reliance upon instructions given to the authorized custodian(s) by a representative reason of the Sub-Adviser pursuant to the authorized signatory lists provided to the Adviser by the Sub-Adviser or as a result the Sub-Adviser’s willful misfeasance, bad faith, gross negligence, fraud, reckless disregard, disregard or willful misconduct in connection with any actions that the Sub-Adviser has taken or should have taken with respect to the authorized custodian. Sub-Adviser has not assisted in the selection of the Funds’ custodian. The Trust or Adviser undertakes that where it has instructed the custodian to arrange for investment of cash held in the Fund (including without limitation where a sweep into the custodian's short-term investment funds is put in place), the Adviser shall notify the Sub-Adviser of the identities of its custodian bank such cash management arrangements, and the custody arrangements therewith with respect to the Funds and shall give the Sub-Adviser written notice shall have no responsibility or liability, whether under this Agreement or otherwise (including under the FSA Rules), in respect of any changes in cash invested under such custodian bank or custody cash management arrangements. The In particular the Sub-Adviser shall on each business day provide the Adviser and the Trust’s custodian not be required to operate or monitor such information as the Adviser and the Trust’s custodian may reasonably request cash management arrangements or to ensure that such cash management arrangements are suitable, in good faith relating to all transactions concerning the Funds. The Trust shall instruct its custodian bank to (a) carry out all investment instructions as may be directed by the Sub-Adviser with respect to the Funds (which instructions may be orally given if confirmed in writing and in accordance with the respective custody agreement); and (b) provide the Sub-Adviser with all operational information reasonable necessary for the Sub-Adviser to trade the Sub-Adviser assets on behalf of the Fund’s best interests, and are operated in a way that gives the Fund the best possible result.