Common use of Defaults or Insolvency's of Brokers, Banks, Etc Clause in Contracts

Defaults or Insolvency's of Brokers, Banks, Etc. The Custodian shall not be liable for any loss, damage or expense suffered or incurred by any Fund resulting from or occasioned by the actions, omissions, neglects, defaults or insolvency of any broker, bank, trust company or any other person with whom the Custodian may deal (other than any of such entities acting as a Subcustodian, Securities System or Securities Depository and Clearing Agency, for whose actions the liability of the Custodian is set out elsewhere in this Agreement) unless such loss, damage or expense is caused by, or results from, the negligence or willful misfeasance of the Custodian.

Appears in 36 contracts

Samples: Custody Agreement (Security Income Fund /Ks/), Custody Agreement (Security Income Fund /Ks/), Custody Agreement (Ocm Mutual Fund)

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Defaults or Insolvency's of Brokers, Banks, Etc. The Custodian shall not be liable for any loss, damage or expense suffered or incurred by any Fund resulting from or occasioned by the actions, omissions, neglects, defaults or insolvency of any broker, bank, trust company or any other person with whom the Custodian may deal (other than any of such entities acting as a Subcustodian, Securities System or Securities Depository and Clearing Agency, for whose actions the liability of the Custodian is set out elsewhere in this Agreement) unless such loss, damage or expense is caused by, or results from, the bad faith, reckless disregard, negligence or willful misfeasance of the Custodian.

Appears in 6 contracts

Samples: Custody Agreement (Hatteras Global Private Equity Partners Master Fund, LLC), Custody Agreement (Acp Funds Trust), Custody Agreement (Hatteras Global Private Equity Partners, LLC)

Defaults or Insolvency's of Brokers, Banks, Etc. The Custodian shall not be liable for any loss, damage or expense suffered or incurred by any the Fund resulting from or occasioned by the actions, omissions, neglects, defaults or insolvency of any broker, bank, trust company or any other person with whom the Custodian may deal (other than any of such entities acting as a Subcustodian, Securities System or Securities Depository and Clearing Agency, for whose actions the liability of the Custodian is set out elsewhere in this Agreement) unless such loss, damage or expense is caused by, or results from, the negligence or willful misfeasance of the Custodian.

Appears in 2 contracts

Samples: Custody Agreement (Fairholme Funds Inc), Custody Agreement (Electric City Funds Inc)

Defaults or Insolvency's of Brokers, Banks, Etc. The Custodian shall not be liable for any loss, damage or expense suffered or incurred by any the Fund resulting from or occasioned by the actions, omissions, neglects, defaults or insolvency of any broker, bank, trust company or any other person with whom the Custodian may deal (other than any of such entities acting as a Subcustodian, Securities System or Securities Depository and Clearing Agency, for whose actions the liability of the Custodian is set out elsewhere in this Agreement) unless such loss, damage or expense is caused by, or results from, the negligence negligence, bad faith or willful misfeasance of the Custodian.

Appears in 2 contracts

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

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Defaults or Insolvency's of Brokers, Banks, Etc. The Custodian shall not be liable for any loss, damage or expense suffered or incurred by any the Fund resulting from or occasioned by the actions, omissions, neglects, defaults or insolvency of any broker, bank, trust company or any other person with whom the Custodian may deal (other than any of such entities acting as a Subcustodian, Securities System or Securities Depository and Clearing Agency, for whose actions the liability of the Custodian is set out elsewhere in this Agreement) unless such loss, damage or expense is caused by, or results from, the gross negligence or willful misfeasance of the Custodian.. (e)

Appears in 1 contract

Samples: Custody Agreement (Umb Scout Funds)

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