Common use of Effective Period, Termination, Amendment and Interpretive and Additional Provisions Clause in Contracts

Effective Period, Termination, Amendment and Interpretive and Additional Provisions. This Agreement shall become effective as of the date of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid, to the other party, such termination to take effect sixty (60) days after the date of such delivery or mailing; and further provided, that the Fund may by action of KCF's board of directors substitute another bank or trust company for State Street by giving notice as provided above to State Street. The Fund or State Street shall not amend or terminate this Agreement in contravention of any applicable Federal or State laws or regulations, or any provision of the Trust Agreement of the Fund, as amended, and provided, that prior to three years from the date hereof State Street shall not terminate this Agreement except in the event of the Fund's substantial default hereunder which default continues uncorrected after notice to the Fund of such default for thirty (30) days, such termination to take effect as provided above; provided, however, that in the event of such termination State Street shall remain as Custodian hereunder for a reasonable period thereafter if the Fund after using its best efforts is unable to find a Successor Custodian. In connection with the operation of this Agreement, State Street and the Fund may agree from time to time on such provisions interpretive of or in addition to the provisions of this Agreement as may in their joint opinion be consistent with the general tenor of this Agreement, any such interpretive or additional provision to be signed by both parties and annexed hereto, provided that no such interpretive or additional provisions shall contravene any applicable Federal or State laws or regulations, or any provision of the Fund's Trust Agreement as amended. No interpretive provisions made as provided in the preceding sentence shall be deemed to be an amendment of this Agreement.

Appears in 6 contracts

Samples: Keystone Quality Bond Fund B-1, Keystone Diversified Bond Fund B-2, Keystone Mid Cap Growth Fund S-3

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Effective Period, Termination, Amendment and Interpretive and Additional Provisions. This Agreement shall become effective as of the date of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid, to the other party, such termination to take effect sixty (60) days after the date of such delivery or mailing; and further provided, that the Fund may by action of KCFthe Fund's board of directors Trustees substitute another bank or trust company for State Street by giving notice as provided above to State Street. The Fund or State Street shall not amend or terminate this Agreement in contravention of any applicable Federal or State laws or regulations, or any provision of the Declaration of Trust Agreement of the Fund, as amended, and provided, that prior to three years from the date hereof State Street shall not terminate this Agreement except in the event of the Fund's substantial default hereunder which default continues uncorrected after notice to the Fund of such default for thirty (30) days, such termination to take effect as provided above; provided, however, that in the event of such termination State Street shall remain as Custodian hereunder for a reasonable period thereafter if the Fund after using its best efforts is unable to find a Successor Custodian. In connection with the operation of this Agreement, State Street and the Fund may agree from time to time on such provisions interpretive of or in addition to the provisions of this Agreement as may in their joint opinion be consistent with the general tenor of this Agreement, any such interpretive or additional provision to be signed by both parties and annexed hereto, provided that no such interpretive or additional provisions shall contravene any applicable Federal or State laws or regulations, or any provision of the Fund's Declaration of Trust Agreement and By-Laws, as amended. No interpretive provisions made as provided in the preceding sentence shall be deemed to be an amendment of this Agreement.

Appears in 5 contracts

Samples: Custodian Agreement (Keystone Global Opportunities Fund), Keystone Intermediate Term Bond Fund, Keystone Strategic Income Fund

Effective Period, Termination, Amendment and Interpretive and Additional Provisions. This Agreement shall become effective as of the date of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid, to the other party, such termination to take effect sixty (60) days after the date of such delivery or mailing; and further provided, that the Fund may by action of KCFthe Fund's board Board of directors Trustees substitute another bank or trust company for State Street Provident by giving notice as provided above to State StreetProvident, provided, however that Provident shall not act under paragraph 4B hereof in the absence of receipt of an initial certificate of the secretary or an assistant secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the secretary or an assistant secretary that the Board of Trustees has reviewed the use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the 1940 Act. The Fund or State Street Provident shall not amend or terminate this Agreement in contravention of any applicable Federal federal or State state laws or regulations, or any provision of the Declaration of Trust Agreement of the Fund, as amended, and provided, that prior to three years from the date hereof State Street shall not terminate this Agreement except in the event of the Fund's substantial default hereunder which default continues uncorrected after notice to the Fund of such default for thirty (30) days, such termination to take effect as provided above; provided, however, that in the event of such termination State Street Provident shall remain as Custodian hereunder for a reasonable period thereafter if the Fund after using its best efforts is unable to find a Successor Custodian. In connection with the operation of this Agreement, State Street Provident and the Fund may agree from time to time on such provisions interpretive of or in addition to the provisions of this Agreement as may in their joint opinion be consistent with the general tenor of this Agreement, any such interpretive or additional provision to be signed by both parties and annexed hereto, provided that no such interpretive or additional provisions shall contravene any applicable Federal federal or State state laws or regulations, or any provision of the Fund's Declaration of Trust Agreement and By-Laws, as amended. No interpretive provisions made as provided in the preceding sentence shall be deemed to be an amendment of this Agreement.

Appears in 3 contracts

Samples: Riverfront Funds Inc, Riverfront Funds / Nj, Riverfront Funds Inc

Effective Period, Termination, Amendment and Interpretive and Additional Provisions. This Agreement shall become effective as of the date of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid, to the other party, such termination to take effect sixty (60) days after the date of such delivery or mailing; and further provided, provided that the Fund may Trust may, by action of KCFthe Trust's board Board of directors Trustees, substitute another bank or trust company for State Street by giving notice as provided above to State Street, provided, however that State Street shall not act under paragraphs 4B or 4C hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by the Trust of such Securities System, as required in each case by Rule 17f-4 under the 1940 Act, and that State Street shall not act under paragraph 4C hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by the Trust of the Direct Paper System. The Fund Trust or State Street shall not amend or terminate this Agreement in contravention of any applicable Federal federal or State state laws or regulations, or any provision of the Declaration of Trust Agreement of the FundTrust, as amended, and provided, that prior to three years from the date hereof State Street shall not terminate this Agreement except in the event of the Fund's substantial default hereunder which default continues uncorrected after notice to the Fund of such default for thirty (30) days, such termination to take effect as provided above; provided, however, that in the event of such termination State Street shall remain as Custodian hereunder for a reasonable period thereafter if the Fund Trust after using its best efforts is unable to find a Successor Custodian. In connection with the operation of this Agreement, State Street and the Fund Trust may agree from time to time on such provisions interpretive of or in addition to the provisions of this Agreement as may in their joint opinion be consistent with the general tenor of this Agreement, any such interpretive or additional provision to be signed by both parties and annexed hereto, provided that no such interpretive or additional provisions shall contravene any applicable Federal federal or State state laws or regulations, or any provision of the FundTrust's Declaration of Trust Agreement as amended. No interpretive provisions made as provided in the preceding sentence shall be deemed to be an amendment of this Agreement.

Appears in 3 contracts

Samples: Keystone Institutional Trust, Keystone Institutional Trust, Keystone Institutional Trust

Effective Period, Termination, Amendment and Interpretive and Additional Provisions. This Agreement shall become effective as of the date of its execution, shall continue in full force and effect until terminated as hereinafter provided, . This Agreement may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid, to the other party, such . Such termination to shall take effect sixty (60) days after the date of such delivery or mailing; and further provided. The Fund may, that the Fund may by action of KCFthe Fund's board Board of directors Trustees, substitute another bank or trust company for State Street by giving notice as provided above to State Street. The Fund or , provided, however that State Street shall not act under paragraphs 4B or 4C hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary, certifying that the Board of Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary, certifying that the Board of Trustees has reviewed the use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the 1940 Act, and that State Street shall not act under paragraph 4C hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary, certifying that the Board of Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary, certifying that the Board of Trustees has reviewed the use by the Fund of the Direct Paper System. Neither the Fund nor State Street shall amend or terminate this Agreement in contravention of any applicable Federal federal or State state laws or regulations, or any provision of the Declaration of Trust Agreement of the Fund, as amended, and provided, that prior to three years from the date hereof State Street shall not terminate this Agreement except in the event of the Fund's substantial default hereunder which default continues uncorrected after notice to the Fund of such default for thirty (30) days, such termination to take effect as provided above; provided, however, that in the event of such termination State Street shall remain as Custodian hereunder for a reasonable period thereafter thereafter, if the Fund after using its best efforts is unable to find a Successor Custodian. In connection with the operation of this Agreement, State Street and the Fund may agree from time to time on such provisions interpretive of or in addition to the provisions of this Agreement as may in their joint opinion be consistent with the general tenor of this Agreement, any such interpretive or additional provision to be signed by both parties and annexed hereto, provided that no such interpretive or additional provisions shall contravene any applicable Federal federal or State state laws or regulations, or any provision of the Fund's Declaration of Trust Agreement as amended. No interpretive provisions made as provided in the preceding sentence shall be deemed to be an amendment of this Agreement.

Appears in 3 contracts

Samples: Subcustodian Agreement (Keystone Developing Markets Growth Fund), Evergreen Select Fixed Income Trust, Evergreen Fixed Income Trust

Effective Period, Termination, Amendment and Interpretive and Additional Provisions. This Agreement shall become effective as of the date of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid, to the other party, such termination to take effect sixty (60) days after the date of such delivery or mailing; and further provided, that the Fund may by action of KCFthe Fund's board Board of directors Directors substitute another bank or trust company for State Street Provident by giving notice as provided above to State StreetProvident, provided, however that Provident shall not act under paragraph 4B hereof in the absence of receipt of an initial certificate of the secretary or an assistant secretary that the Board of Directors of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the secretary or an assistant secretary that the Board of Directors has reviewed the use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the 1940 Act. The Fund or State Street Provident shall not amend or terminate this Agreement in contravention of any applicable Federal federal or State state laws or regulations, or any provision of the Trust Agreement Articles of Incorporation of the Fund, as amended, and provided, that prior to three years from the date hereof State Street shall not terminate this Agreement except in the event of the Fund's substantial default hereunder which default continues uncorrected after notice to the Fund of such default for thirty (30) days, such termination to take effect as provided above; provided, however, that in the event of such termination State Street Provident shall remain as Custodian hereunder for a reasonable period thereafter if the Fund after using its best efforts is unable to find a Successor Custodian. In connection with the operation of this Agreement, State Street Provident and the Fund may agree from time to time on such provisions interpretive of or in addition to the provisions of this Agreement as may in their joint opinion be consistent with the general tenor of this Agreement, any such interpretive or additional provision to be signed by both parties and annexed hereto, provided that no such interpretive or additional provisions shall contravene any applicable Federal federal or State state laws or regulations, or any provision of the Fund's Trust Agreement Articles of Incorporation and By-Laws, as amended. No interpretive provisions made as provided in the preceding sentence shall be deemed to be an amendment of this Agreement.

Appears in 2 contracts

Samples: Riverfront Funds Inc, Riverfront Funds Inc

Effective Period, Termination, Amendment and Interpretive and Additional Provisions. This Agreement shall become effective as of the date of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid, to the other party, such termination to take effect sixty (60) days after the date of such delivery or mailing; and further provided, provided that the Fund may may, by action of KCFthe Fund's board Board of directors Trustees, substitute another bank or trust company for State Street by giving notice as provided above to State Street, provided, however that State Street shall not act under paragraphs 4B or 4C hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the 1940 Act, and that State Street shall not act under paragraph 4C hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by the Fund of the Direct Paper System. The Fund or State Street shall not amend or terminate this Agreement in contravention of any applicable Federal federal or State state laws or regulations, or any provision of the Declaration of Trust Agreement of the Fund, as amended, and provided, that prior to three years from the date hereof State Street shall not terminate this Agreement except in the event of the Fund's substantial default hereunder which default continues uncorrected after notice to the Fund of such default for thirty (30) days, such termination to take effect as provided above; provided, however, that in the event of such termination State Street shall remain as Custodian hereunder for a reasonable period thereafter if the Fund after using its best efforts is unable to find a Successor Custodian. In connection with the operation of this Agreement, State Street and the Fund may agree from time to time on such provisions interpretive of or in addition to the provisions of this Agreement as may in their joint opinion be consistent with the general tenor of this Agreement, any such interpretive or additional provision to be signed by both parties and annexed hereto, provided that no such interpretive or additional provisions shall contravene any applicable Federal federal or State state laws or regulations, or any provision of the Fund's Declaration of Trust Agreement as amended. No interpretive provisions made as provided in the preceding sentence shall be deemed to be an amendment of this Agreement.

Appears in 2 contracts

Samples: Keystone Small Cap Stock Fund, Keystone Small Cap Stock Fund

Effective Period, Termination, Amendment and Interpretive and Additional Provisions. This Agreement shall become effective as of the date of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid, to the other party, such termination to take effect sixty (60) days after the date of such delivery or mailing; and further provided, that the Fund may by action of KCFthe Fund's board Board of directors Trustees substitute another bank or trust company for State Street by giving notice as provided above to State Street, provided, however that State Street shall not act under paragraphs 3(B) or 3(BB) hereof in the absence of receipt of an initial certificate of the secretary or an assistant secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the secretary or an assistant secretary that the Board of Trustees has reviewed the use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the 1940 Act, and that State Street shall not act under paragraph 3B.1 hereof in the absence of receipt of an initial certificate of the secretary or an assistant secretary that the Board of Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the secretary or an assistant secretary that the Board of Trustees has reviewed the use by the Fund of the Direct Paper System. The Fund or State Street shall not amend or terminate this Agreement in contravention of any applicable Federal federal or State state laws or regulations, or any provision of the Declaration of Trust Agreement of the Fund, as amended, and provided, that prior to three years from the date hereof State Street shall not terminate this Agreement except in the event of the Fund's substantial default hereunder which default continues uncorrected after notice to the Fund of such default for thirty (30) days, such termination to take effect as provided above; provided, however, that in the event of such termination State Street shall remain as Custodian hereunder for a reasonable period thereafter if the Fund after using its best efforts is unable to find a Successor Custodian. In connection with the operation of this Agreement, State Street and the Fund may agree from time to time on such provisions interpretive of or in addition to the provisions of this Agreement as may in their joint opinion be consistent with the general tenor of this Agreement, any such interpretive or additional provision to be signed by both parties and annexed hereto, provided that no such interpretive or additional provisions shall contravene any applicable Federal federal or State state laws or regulations, or any provision of the Fund's Declaration of Trust Agreement and By-Laws, as amended. No interpretive provisions made as provided in the preceding sentence shall be deemed to be an amendment of this Agreement.

Appears in 2 contracts

Samples: Keystone Capital Preservation & Income Fund, Keystone State Tax Free Fund Series Ii

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Effective Period, Termination, Amendment and Interpretive and Additional Provisions. This Agreement shall become effective as of the date of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid, to the other party, such termination to take effect sixty (60) days after the date of such delivery or mailing; and further provided, that the Fund may by action of KCF's board of directors substitute another bank or trust company for State Street by giving notice as provided above to State Street. The Fund or State Street shall not amend or terminate this Agreement in contravention of any applicable Federal or State laws or regulations, regulations or any provision of the Trust Agreement of the Fund, as amended, and provided, that prior to three years from the date hereof State Street shall not terminate this Agreement except in the event of the Fund's substantial default hereunder which default continues uncorrected after notice to the Fund of such default for thirty (30) days, such termination to take effect as provided above; provided, however, that in the event of such termination State Street shall remain as Custodian hereunder for a reasonable period thereafter if the Fund after using its best efforts is unable to find a Successor Custodian. In connection with the operation of this Agreement, State Street and the Fund may agree from time to time on such provisions interpretive of or in addition to the provisions of this Agreement as may in their joint opinion be consistent with the general tenor of this Agreement, any such interpretive or additional provision to be signed by both parties and annexed hereto, provided that no such interpretive or additional provisions shall contravene any applicable Federal or State laws or regulations, or any provision of the Fund's Trust Agreement as amended. No interpretive provisions made as provided in the preceding sentence shall be deemed to be an amendment of this Agreement.

Appears in 1 contract

Samples: Subcustodian Agreement (Keystone High Income Bond Fund B-4)

Effective Period, Termination, Amendment and Interpretive and Additional Provisions. This Agreement shall become effective as of the date of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid, to the other party, such termination to take effect sixty (60) days after the date of such delivery or mailing; and further provided, that the Fund may by action of KCFthe Fund's board Board of directors Trustees substitute another bank or trust company for State Street by giving notice as provided above to State Street, provided, however that State Street shall not act under paragraphs 4B or 4C hereof in the absence of receipt of an initial certificate of the secretary or an assistant secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the secretary or an assistant secretary that the Board of Trustees has reviewed the use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the 1940 Act, and that State Street shall not act under paragraph 4C hereof in the absence of receipt of an initial certificate of the secretary or an assistant secretary that the Board of Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the secretary or an assistant secretary that the Board of Directors has reviewed the use by the Fund of the Direct Paper System. The Fund or State Street shall not amend or terminate this Agreement in contravention of any applicable Federal federal or State state laws or regulations, or any provision of the Declaration of Trust Agreement of the Fund, as amended, and provided, that prior to three years from the date hereof State Street shall not terminate this Agreement except in the event of the Fund's substantial default hereunder which default continues uncorrected after notice to the Fund of such default for thirty (30) days, such termination to take effect as provided above; provided, however, that in the event of such termination State Street shall remain as Custodian hereunder for a reasonable period thereafter if the Fund after using its best efforts is unable to find a Successor Custodian. In connection with the operation of this Agreement, State Street and the Fund may agree from time to time on such provisions interpretive of or in addition to the provisions of this Agreement as may in their joint opinion be consistent with the general tenor of this Agreement, any such interpretive or additional provision to be signed by both parties and annexed hereto, provided that no such interpretive or additional provisions shall contravene any applicable Federal federal or State state laws or regulations, or any provision of the Fund's Declaration of Trust Agreement as amended. No interpretive provisions made as provided in the preceding sentence shall be deemed to be an amendment of this Agreement.

Appears in 1 contract

Samples: Keystone Fund of the Americas

Effective Period, Termination, Amendment and Interpretive and Additional Provisions. This Agreement shall become effective as of the date of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated at any time (1) by either party the Fund by an instrument in writing delivered or mailed, postage prepaid, to the other partyparties, (2) by State Street through notice to the other parties at any time after three years from the date hereof, or in the event of the Fund's substantial default under this Agreement which default continues, after notice to the Fund of such default, uncorrected for 30 days and (3) by the Manager, upon 60 days written notice to the other parties, but only as to the rights and obligations of the Manager hereunder, whereupon the Fund shall succeed to the Manager's rights and shall become bound by the Manager's obligations hereunder. In the event of termination under (1) or (2) above, State Street shall remain as Custodian hereunder for a reasonable period thereafter if the Fund has used its best efforts and is unable to find a Successor Custodian and any such termination to shall take effect not sooner than sixty (60) days after the date of such delivery or mailing; and further provided, that the Fund may by action of KCF's board of directors substitute another bank or trust company for State Street by giving notice as provided above to State Street. The Fund or State Street shall not amend or terminate this Agreement in contravention of any applicable Federal or State laws or regulations, or any provision of the Declaration of Trust Agreement or By-Laws of the Fund, both as amended, and provided, that prior to three years from the date hereof . The Fund may by action of its board of trustees substitute another bank or trust company for State Street shall not terminate this Agreement except in the event of the Fund's substantial default hereunder which default continues uncorrected after by giving notice to the Fund of such default for thirty (30) days, such termination to take effect as provided above; provided, however, that in the event of such termination above to State Street shall remain as Custodian hereunder for a reasonable period thereafter if the Fund after using its best efforts is unable to find a Successor CustodianStreet. In connection with the operation of this Agreement, State Street and the Fund parties may agree from time to time on such provisions interpretive of or in addition to the provisions of this Agreement as may in their joint opinion be consistent with the general tenor of this Agreement, any such interpretive or additional provision to be signed by both parties and annexed hereto, provided that no such interpretive or additional provisions shall contravene any applicable Federal or State laws or regulations, or any provision of the Fund's Declaration of Trust Agreement or By-laws, both as amended. No interpretive provisions made as provided in the preceding sentence shall be deemed to be an amendment of this Agreement.

Appears in 1 contract

Samples: Keystone Tax Free Fund

Effective Period, Termination, Amendment and Interpretive and Additional Provisions. This Agreement shall become effective as of the date of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid, to the other party, such termination to take effect sixty (60) days after the date of such delivery or mailing; and further provided, that the Fund may by action of KCFthe Fund's board Board of directors Directors substitute another bank or trust company for State Street by giving notice as provided above to State Street, provided, however that State Street shall not act under Sections 3(B) or 3(BB) hereof in the absence of receipt of an initial certificate of the secretary or an assistant secretary that the Board of Directors of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the secretary or an assistant secretary that the Board of Directors has reviewed the use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the 1940 Act and that State Street shall not act under Section B.1 hereof in the absence of receipt of an initial certificate of the secretary or an assistant secretary that the Board of Directors has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the secretary or an assistant secretary that the Board of Directors has reviewed the use by the Fund of the Direct Paper System. The Fund or State Street shall not amend or terminate this Agreement in contravention of any applicable Federal federal or State state laws or regulations, or any provision of the Trust Agreement Articles of Incorporation of the Fund, as amended, and provided, that prior to three years from the date hereof State Street shall not terminate this Agreement except in the event of the Fund's substantial default hereunder which default continues uncorrected after notice to the Fund of such default for thirty (30) days, such termination to take effect as provided above; provided, however, that in the event of such termination State Street shall remain as Custodian hereunder for a reasonable period thereafter if the Fund after using its best efforts is unable to find a Successor Custodian. In connection with the operation of this Agreement, State Street and the Fund may agree from time to time on such provisions interpretive of or in addition to the provisions of this Agreement as may in their joint opinion be consistent with the general tenor of this Agreement, any such interpretive or additional provision to be signed by both parties and annexed hereto, provided that no such interpretive or additional provisions shall contravene any applicable Federal federal or State state laws or regulations, or any provision of the Fund's Trust Agreement Articles of Incorporation and By-Laws, as amended. No interpretive provisions made as provided in the preceding sentence shall be deemed to be an amendment of this Agreement.

Appears in 1 contract

Samples: Fund Accounting and Recordkeeping Agreement (Keystone America Hartwell Emerging Growth Fund Inc)

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