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

Effective Period, Termination and Amendment. 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodian; provided, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of the Direct Paper System; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles of incorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided that the Fund may at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 114 contracts

Samples: Custodian Agreement (T. Rowe Price Integrated Equity Funds, Inc.), Custodian Agreement (T. Rowe Price State Tax-Free Funds, Inc.), Custodian Agreement (T. Rowe Price Real Assets Fund, Inc.)

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Effective Period, Termination and Amendment. This Agreement shall become effective as of the date of its execution, shall continue remain in full force and effect until terminated for an initial term ending three (3) years after the Final Completion Date (as hereinafter provided, such term may be amended at any time separately defined by mutual agreement the parties) (the “Initial Term”). After the expiration of the parties heretoInitial Term, this Agreement shall automatically renew for successive two-year terms (each, a “Renewal Term”) unless a written notice of non-renewal is delivered by the non-renewing party no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, as the case may be. During the Initial Term and may be terminated by thereafter, either party by an instrument may terminate this Agreement: (i) in writing delivered or mailed, postage prepaid to the event of the other party’s material breach of a material provision of this Agreement that the other party has either (a) failed to cure or (b) failed to establish a remedial plan to cure that is reasonably acceptable, within 60 days’ written notice of such breach, such termination to take effect not no sooner than thirty days (30) days after the date of such delivery failure to cure or mailing in the case of failure to establish a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodian; provided, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of the Direct Paper System; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles of incorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided that the Fund may at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, remedial plan or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency other party or upon the happening of a like event to the other party at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreementthis Agreement pursuant to this paragraph with respect to a Fund, the Fund shall pay to the Custodian such its compensation as may be due as of the date of such termination and shall likewise reimburse Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld. During the Initial Term, in the event of: (i) a Fund's termination of this Agreement for any reason other than as set forth in the immediately preceding paragraph or (ii) a transaction not in the ordinary course of business pursuant to which the Custodian is not retained to continue providing services hereunder to the Fund (or its respective successor), the Fund shall pay the Custodian its compensation due through the end of the Initial Term (based upon the average monthly compensation previously earned by Custodian with respect to the Fund) and shall reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld. Upon receipt of such payment and reimbursement, the Custodian will deliver the Fund’s securities and cash as set forth hereinbelow. For the avoidance of doubt, no payment will be required pursuant to clause (ii) of this paragraph by a Fund in the event of any transaction such as (a) the liquidation or dissolution of the Fund and distribution of the Fund’s assets as a result of the Board’s determination in its reasonable business judgment that the Fund is no longer viable (b) a merger of the Fund into, or the consolidation of the Fund with, another entity, or (c) the sale by the Fund of all, or substantially all, of its assets to another entity, in each of (b) and (c) where the Custodian is retained to continue providing services to the Fund (or its respective successor) on substantially the same terms as this Agreement. Termination of this Agreement with respect to any one particular Fund shall in no way affect the rights and duties under this Agreement with respect to any other Fund. The provisions of Section 10 of this Agreement shall survive termination of this Agreement for any reason. This Agreement may be amended at any time in writing by mutual agreement of the parties hereto.

Appears in 76 contracts

Samples: Custodian Agreement (T. Rowe Price Integrated Equity Funds, Inc.), Custodian Agreement (T. Rowe Price Real Assets Fund, Inc.), Custodian Agreement (T. Rowe Price Reserve Investment Funds, Inc.)

Effective Period, Termination and Amendment. 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodian; provided, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s Fund`s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s Fund`s secretary, or an assistant secretary thereof, that the Board has approved the initial use of the Direct Paper System; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s Fund`s articles of incorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided that the Fund may at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 30 contracts

Samples: Custodian Agreement (T Rowe Price Institutional Equity Funds Inc), Custodian Agreement (T. Rowe Price Institutional International Funds, Inc.), Custodian Agreement (T Rowe Price International Index Fund Inc)

Effective Period, Termination and Amendment. This Agreement The Contract shall become effective as on March 1, 2011 and shall remain in full force and effect for a period of four (4) years (the date of its execution, “Initial Term”) and shall automatically continue in full force and effect after such Initial Term until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto, hereto and may be terminated by either party by an instrument in writing delivered or mailedmail, postage prepaid to the other party, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; provided, however that the Custodian shall not act under Section 2.9 2.12 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board of the Trust has approved the initial use of a particular U.S. Securities System, System as required in each case by Rule 17f-4 under the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of the Direct Paper SystemAct; provided further, however, that the Fund Trust shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Declaration of incorporationTrust/Articles of Incorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund Trust may at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency appropriate banking regulatory agency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund Trust shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 24 contracts

Samples: Custodian Contract (Federated Income Trust), Custodian Contract (Federated Equity Funds), Custodian Contract (Federated Insurance Series)

Effective Period, Termination and Amendment. 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodian; provided, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s 's secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s 's secretary, or an assistant secretary thereof, that the Board has approved the initial use of the Direct Paper System; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s 's articles of incorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing DocumentsGOVERNING DOCUMENTS"); and further provided that the Fund may at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 22 contracts

Samples: Custodian Agreement (Price T Rowe State Tax Free Income Trust), Custodian Agreement (Price T Rowe State Tax Free Income Trust), Custodian Agreement (T Rowe Price Us Bond Index Fund Inc)

Effective Period, Termination and Amendment. 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, 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 not sooner than thirty sixty (3060) days after the date of such delivery or mailing in the case if termination is being sought by a Fund on behalf of a termination by the Fund, Portfolio and not sooner than one hundred eighty twenty (180120) days after the date of such delivery or mailing in the case of if termination is being sought by the Custodian; provided, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of the Direct Paper System; provided further, however, that the no Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the such Fund’s articles of incorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); , and further provided provided, that any Fund on behalf of one or more of the Fund Portfolios may at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a bankruptcy trustee or a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Agreement with respect to any one particular Fund or Portfolio shall in no way affect the rights and duties under this Agreement with respect to any other Fund or Portfolio. Upon termination of the Agreement, the applicable Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable coststhe transaction costs of delivering out the securities of such applicable Portfolio to the successor custodian appointed pursuant to Section 18 of this Agreement, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheldif any.

Appears in 16 contracts

Samples: Master Custodian Agreement (Vanguard Convertible Securities Fund), Master Custodian Agreement (Vanguard Municipal Bond Funds), Master Custodian Agreement (Vanguard New York Tax-Free Funds)

Effective Period, Termination and Amendment. This Agreement Contract 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, 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; providedPROVIDED, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board of Directors of the Fund has approved the initial use of a particular U.S. Securities System, as required by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not act under Section 2.11 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; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Articles of incorporationIncorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund may at any time by action of its Board of Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 14 contracts

Samples: Global Custody Agreement (Hartford Mortgage Securities Fund Inc), Custodian Contract (Hartford Capital Appreciation Fund Inc), Global Custody Agreement (Hartford Index Fund Inc)

Effective Period, Termination and Amendment. 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, 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 not sooner than thirty sixty (3060) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 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 a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board Trustees has approved the initial use of the Direct Paper SystemSystem by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles 's Declaration of incorporationTrust, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 12 contracts

Samples: Custodian Agreement (Evergreen International Trust), Custodian Agreement (Evergreen Money Market Trust), Custodian Agreement (Cash Resource Trust /Ma/)

Effective Period, Termination and Amendment. This Agreement Contract 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, 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; providedPROVIDED, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of with respect to a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 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 SystemSystem by such Portfolio; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Declaration of incorporationTrust, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 9 contracts

Samples: Custodian Contract (Gt Global Variable Investment Series), Custodian Contract (Global Investment Portfolio), Custodian Contract (Mitchell Hutchins Lir Money Series)

Effective Period, Termination and Amendment. 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodian; provided, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s 's secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s 's secretary, or an assistant secretary thereof, that the Board has approved the initial use of the Direct Paper System; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s 's articles of incorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided that the Fund may at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 7 contracts

Samples: Custodian Agreement (Price T Rowe Mid Cap Value Fund Inc), Custodian Agreement (Price T Rowe Tax Exempt Money Fund Inc), Custodian Agreement (Price T Rowe International Funds Inc)

Effective Period, Termination and Amendment. This Agreement Contract 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, 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board Directors has approved the initial use of the Direct Paper SystemSystem by such Portfolio; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Articles of incorporationIncorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 4 contracts

Samples: Custodian Contract (Hartford HLS Series Fund Ii Inc), Amended And (Hartford Advisors HLS Fund Inc), Custodian Contract (Hartford Series Fund Inc)

Effective Period, Termination and Amendment. 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, hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid prepaid, to the other party, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; provided, however however, that the Custodian shall not act under Section 2.9 L of Article II hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, from the Fund that the Board has Trustees of the Fund have approved the initial use of a particular U.S. Securities SystemSystem and the receipt of an annual certificate reporting that the Trustees, as required by Rule 17f-4 under the 1940 Act or any applicable Rule thereunder, and that have reviewed the Custodian shall not act under Section 2.10 hereof in use by the absence Fund of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of the Direct Paper such Securities System; provided further, however, that the Fund shall not amend or terminate this the Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Agreement and Declaration of incorporationTrust, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund may at any time by action of its Board Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund shall pay to reimburse the Custodian such compensation as may be for those costs, expenses and disbursements that are due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheldtermination.

Appears in 3 contracts

Samples: Custodian Agreement (Wt Mutual Fund), Custodian Agreement (Wt Investment Trust I), Custodian Agreement (Wilmington Low Volatility Fund of Funds)

Effective Period, Termination and Amendment. This Agreement Contract 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, 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; providedPROVIDED, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, 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 Investment Company Act of 1940, as amended and that the Custodian shall not act under Section 2.10A 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; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Articles of incorporationIncorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund may at any time by action of its Board of Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 3 contracts

Samples: Custodian Contract (Fpa Paramount Fund Inc), Custodian Contract (Emerging Germany Fund Inc), Custodian Contract (Prudential Special Money Market Fund Inc)

Effective Period, Termination and Amendment. 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, 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 not sooner than thirty sixty (3060) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, Assistant Secretary that the Board has approved the initial use of the Direct Paper SystemSystem by such Portfolio; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles 's Trust Agreement or Declaration of incorporationTrust, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 3 contracts

Samples: Custodian Agreement (White Elk Funds), Custodian Agreement (White Elk Funds), Custodian Agreement (White Elk Funds)

Effective Period, Termination and Amendment. This Agreement Contract 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, 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; providedPROVIDED, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of with respect to a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 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 SystemSystem by such Portfolio ; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Declaration of incorporationTrust, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 2 contracts

Samples: Custodian Contract (Seasons Series Trust), Orbitex Group of Fund

Effective Period, Termination and Amendment. This Agreement 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, 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; provided, however that the Custodian Chase Manhattan Bank shall not act under Section 2.9 8 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular U.S. Securities Depository or Book Entry 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 Depository and/or Book Entry System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act or any applicable Rule thereunderof 1940, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of the Direct Paper Systemas amended; provided further, however, that the Fund shall not amend or terminate this Agreement agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Declaration of incorporationTrust, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund Trust may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian Chase Manhattan Bank by giving notice as described above to the CustodianChase Manhattan Bank, or (ii) immediately terminate this Agreement agreement in the event of the appointment of a conservator or receiver for the Custodian Chase Manhattan Bank by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund shall pay to the Custodian The Chase Manhattan Bank such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian The Chase Manhattan Bank for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 2 contracts

Samples: Custody Agreement (Nuveen Investment Trust Iii), Custody Agreement (Nuveen Money Market Trust)

Effective Period, Termination and Amendment. This With respect to the Fund, this Agreement shall become effective as remain in full force and effect for an initial term ending five (5) years from the date hereof (the “Initial Term”). After the expiration of the date of its executionInitial Term, this Agreement 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 Fund or the Custodian by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty ninety (3090) days after the date of such delivery or mailing in mailing. During the case of a termination by Initial Term and thereafter, the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery Fund or mailing in the case of termination by the Custodian; provided, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of the Direct Paper System; provided further, however, that the Fund shall not amend or may immediately terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles of incorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided that the Fund may at any time by action of its Board Agreement: (i) substitute another bank in the event of the other party’s material breach of a material provision of this Agreement that the other party has either (a) failed to cure or trust company for the Custodian by giving (b) failed to establish a remedial plan to cure that is reasonably acceptable, within sixty (60) days’ written notice as described above to the Custodianof such breach, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency other party or upon the happening of a like event to the other party at the direction of an appropriate regulatory agency or court of competent jurisdictionjurisdiction or (iii) based upon the Fund’s determination that there is a reasonable basis to conclude that the Custodian is insolvent or that the financial condition of the Custodian is deteriorating in any material respect. In addition, the Fund may terminate this Agreement during the Initial Term and thereafter with respect to a Portfolio if, in the Fund’s reasonable opinion, the Custodian has persistently not achieved the performance measures set forth in any service level document (a “Service Level Document”) that may be established in good faith by the parties as key identified performance measures, and a plan or revised plan has not been put into place in accordance with the following procedures: In the event that the Custodian has persistently not met the key identified performance measures set forth in the Service Level Document during any two months of any calendar quarter (as such failure is set forth in the Service Level Document), the Fund may, in its discretion, submit a written deficiency notice to the Custodian outlining the performance deficiencies (“Deficiency Notice”). Such Deficiency Notice shall be provided to the Custodian within 20 days of the end of such calendar quarter. After receipt of such notice, the Custodian shall present the Fund with a written plan (the “Plan”) to address the deficiencies set forth in the Deficiency Notice. Such Plan must be provided to the Fund within 30 days after receipt of the Deficiency Notice. If the Custodian fails to submit a Plan within such 30-day period, the Fund may terminate this Agreement upon 60 days’ written notice to the Custodian. The Fund, in its discretion, may accept or reject the Plan by notifying the Custodian in writing (“Plan Notice”) within 15 days after submission of the Plan. If the Fund fails to provide a Plan Notice within such 15-day period, it shall be presumed that the Fund accepted the Plan. In the event the Fund submits a Plan Notice rejecting the Plan, the Custodian shall submit a revised plan (“Revised Plan”) within 30 days after provision of such Plan Notice. If the Custodian fails to submit a Revised Plan within such 30-day period, the Fund may terminate the Agreement upon 60 days’ written notice to the Custodian. The Fund, in its discretion, may accept or reject the Revised Plan by notifying the Custodian in writing (“Revised Plan Notice”) within 15 days after provision of the Revised Plan. If the Fund fails to provide a Revised Plan Notice within such 15-day period, it shall be presumed that the Fund accepted the Revised Plan. If the Fund provides a Revised Plan Notice to the Custodian that rejects the Revised Plan, the Fund may, in its discretion, terminate this Agreement upon 60 days’ written notice to the Custodian. Such termination notice must be submitted to the Custodian within 60 days after provision of the Revised Plan Notice. Upon termination of this Agreement pursuant to this Section with respect to the AgreementFund or a Portfolio, the Fund shall pay to the Custodian such its compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursementsdisbursements except, provided that if termination is based on termination for a material breach of this Agreement coupled with the Custodian Custodian’s failure to meet its standard of care under this Agreement, less any losses or damages caused by such event. Termination of this Agreement with respect to any one particular Portfolio shall not incur in no way affect the rights and duties under this Agreement with respect to any costsother Portfolio. The provisions of Sections 13, expenses or disbursements specifically 14, 15, 16 and 20.12 of this Agreement shall survive termination of this Agreement for any reason. This Agreement may be amended at any time in connection with such termination unless it has received prior approval from writing by mutual agreement of the Fund, such approval not to be unreasonably withheldparties hereto.

Appears in 2 contracts

Samples: Custodian Agreement (Dimensional Investment Group Inc), Custodian Agreement (Dfa Investment Dimensions Group Inc)

Effective Period, Termination and Amendment. This Agreement shall become effective as of the date of its execution, execution and shall continue in full force and effect until terminated as hereinafter provided, . The parties may be amended mutually agree to amend this Agreement at any time by mutual agreement of the parties hereto, and time. Either party may be terminated by either party terminate this Agreement by an instrument in writing delivered or mailed, postage prepaid to the other party, such the termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; provided, however however, that the Custodian First Union shall not act under Section 2.9 hereof Paragraph 18 in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board of the Fund has approved the initial use of a particular U.S. Securities Depository or Book-Entry System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board has reviewed the Fund's use of the Securities Depository and/or Book-Entry System, as required by Rule 17f-4 under the 1940 Act or any applicable Rule thereunderrequires, and that the Custodian nor shall not First Union act under Section 2.10 hereof Paragraph 8 in the absence of receipt of an initial a certificate from the Fund's secretary containing the resolution of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved regarding the initial use Board's determination that it is reasonable to rely on First Union to perform the responsibilities delegated pursuant to this Agreement to First Union as Foreign Custody Manager of the Direct Paper System; Fund, provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Declaration of incorporationTrust, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund may at any time by action of its Board (i) substitute another bank or trust company for the Custodian First Union by giving notice as described above to the Custodian, First Union or (ii) immediately terminate this Agreement in the event the Comptroller of the appointment of Currency appoints a conservator or receiver for the Custodian by the United States Comptroller of the Currency First Union or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund shall pay to the Custodian such First Union all compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian First Union for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 2 contracts

Samples: Custody Agreement (PBHG Insurance Series Fund), Mutual Fund Custody Agreement (PBHG Funds Inc /)

Effective Period, Termination and Amendment. 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, 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 not sooner than thirty sixty (3060) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; provided, however that the Custodian shall not act under Section 2.8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board has approved the initial use of a particular Securities System, as required by Rule 17f-4 under the 1940 Act, and that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, Assistant Secretary that the Board has approved the initial use of the Direct Paper System; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles 's Articles of incorporationIncorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund may at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 2 contracts

Samples: Custodian Agreement (Warburg Pincus Intern Small Co Fd Inc), Custodian Agreement (Cypresstree Senior Rate Fund)

Effective Period, Termination and Amendment. 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, hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid prepaid, to the other party, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; provided, however however, that the Custodian shall not act under Section 2.9 L of Article II hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, from the Fund that the Board has Trustees of the Fund have approved the initial use of a particular U.S. Securities SystemSystem and the receipt of an annual certificate reporting that the Trustees, as required by Rule 17f-4 under the 1940 Act or any applicable Rule thereunder, and that have reviewed the Custodian shall not act under Section 2.10 hereof in use by the absence Fund of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of the Direct Paper such Securities System; provided further, however, that the Fund shall not amend or terminate this the Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Agreement and Declaration of incorporationTrust, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund may at any time by action of its Board Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementAgrreement, the Fund shall pay to reimburse the Custodian such compensation as may be for those costs, expenses and disbursements that are due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheldtermination.

Appears in 2 contracts

Samples: Agreement (Wt Investment Trust I), Custodian Agreement (Wt Mutual Fund)

Effective Period, Termination and Amendment. This Agreement Contract 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, 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; provided, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of with respect to a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the Investment company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 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 SystemSystem by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention Contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Declaration of incorporationTrust, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller Connecticut Department of the Currency Banking or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 2 contracts

Samples: Custodian Contract (Orbitex Group of Funds), Orbitex Group of Funds

Effective Period, Termination and Amendment. 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, hereto and may be terminated by either party by an instrument in writing delivered or mailedmailed by registered mail, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; providedPROVIDED, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of with respect to a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board of Directors of Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the Direct Paper System1940 Act; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Articles of incorporationIncorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that Fund on behalf of one or more of the Fund Portfolios may at any time by action of its Board of Directors (ia) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (iib) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination hereof, Fund on behalf of the Agreement, the Fund each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursementsdisbursements in discharging its responsibilities hereunder, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheldexcluding Custodian's operating overhead.

Appears in 2 contracts

Samples: Custody and Investment Accounting Agreement (Monument Series Fund Inc), Custody and Investment Accounting Agreement (Monument Series Fund Inc)

Effective Period, Termination and Amendment. This Agreement Contract 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, 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 effect, unless expressly provided otherwise in this Contract, not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial a certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular U.S. Securities System, as required System by the 1940 Act such Portfolio or any applicable Rule thereunderchanges thereto, and that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of an initial a certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper SystemSystem by such Portfolio or any changes thereto; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles of incorporation's Trust Instrument, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not pursuant to be unreasonably withheldthis Contract.

Appears in 2 contracts

Samples: Custodian Contract (Schroder Capital Funds /Delaware/), Custodian Contract (Schroder Series Trust Ii)

Effective Period, Termination and Amendment. This Agreement Contract 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, 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; providedPROVIDED, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System and the of receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not act under Section 2.11 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; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Declaration of incorporationTrust, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 1 contract

Samples: Custodian Contract (Global High Income Portfolio)

Effective Period, Termination and Amendment. 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, 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 not sooner than thirty sixty (3060) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; provided, however that the Custodian shall not with respect to the Trust act under Section 2.8 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 a particular Securities System by the Trust, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to the Trust act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board Trustees has approved the initial use of the Direct Paper SystemSystem by the Trust; provided further, however, that the Fund Trust shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Trust's Declaration of incorporationTrust, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund Trust may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund Trust shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 1 contract

Samples: Form of Custodian Agreement (Evergreen Income Advantage Fund)

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Effective Period, Termination and Amendment. This Agreement Contract 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, 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; providedPROVIDED, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of with respect to a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board of Directors of the Corporation has approved the initial use of a particular Securities System by such Fund, as required by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.11 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 SystemSystem by such Fund; provided furtherPROVIDED FURTHER, however, that the Fund Corporation shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Articles of incorporationIncorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund Corporation on behalf of one or more of the Funds may at any time by action of its Board of Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Corporation on behalf of each applicable Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 1 contract

Samples: Custodian Contract (Sunamerica Strategic Investment Series Inc)

Effective Period, Termination and Amendment. This Agreement Contract 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, 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; providedPROVIDED, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of with respect to a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereofAssistant Secretary that the Board has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board has approved the initial use of the Direct Paper SystemSystem by such Portfolio; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Articles of incorporationIncorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its the Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 1 contract

Samples: Custodian Contract (RCM Equity Funds Inc)

Effective Period, Termination and Amendment. This Agreement Contract 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, 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; providedPROVIDED, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, 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 Investment Company Act of 1940, as amended and that the Custodian shall not act under Section 2.10A 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; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Articles of incorporationIncorporation, agreement of trustand further, by-laws and/or registration statement (as applicableprovided, the "Governing Documents"); and further provided that the Fund may at any time by action of its Board of Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 1 contract

Samples: Custodian Contract (Prudential Institutional Liquidity Portfolio Inc)

Effective Period, Termination and Amendment. This Agreement Contract 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, 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; providedPROVIDED, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, 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 Investment Company Act of 1940, as amended and that the Custodian shall not act under Section 2.10A 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; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Articles of incorporationIncorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund may at any time by action of its Board of Directors (i1) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 1 contract

Samples: Custodian Contract (Phoenix Strategic Allocation Fund Inc)

Effective Period, Termination and Amendment. 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, hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid prepaid, to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; provided, however however, that the Sub-Custodian shall not act under Section 2.9 2.13 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Clerk or an assistant secretary thereof, Assistant Clerk that the Board has Trustees of the Fund have approved the initial use of a particular U.S. Securities System and the receipt of an annual certificate of the Clerk or an Assistant Clerk that the Trustees have reviewed the use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act or any applicable Rule thereunderof 1940; and provided, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of the Direct Paper System; provided further, however, that the Fund Custodian shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, regulations or any provision of the Declarations of Trust or By-Laws of the Fund’s articles of incorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, further, that the Fund Custodian may at any time time, by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodianof Directors, or (ii) the Trustees of the Fund, as the case may be, immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Sub- Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the this Agreement, the Fund Custodian shall pay to the Sub-Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Sub- Custodian for its reasonable reimbursable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 1 contract

Samples: Sub Custodian Agreement (Putnam Tax Managed Funds Trust)

Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution and shall be applicable to each Portfolio listed on Appendix A on the date of its executionset forth therein, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of Exhibit (g)(1) - Custodian Agreement the parties hereto, 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 not sooner than thirty sixty (3060) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; provided, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of the Direct Paper System; provided further, however, that the Fund no party shall not amend or terminate this Agreement in contravention of any applicable federal or state regulationsregulations (except that the Custodian may terminate this Agreement even if a Fund or a Portfolio thereof does not have a successor custodian meeting the requirements of the 1940 Act), or any provision of the Fund’s articles of incorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "such party's Governing Documents"); , and further provided provided, that any Fund on behalf of one or more of the Fund Portfolios may at any time by action of its Board (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Agreement with respect to any one particular Fund or Portfolio shall in no way affect the rights and duties under this Agreement with respect to any other Fund or Portfolio. Upon termination of the Agreement, the applicable Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 1 contract

Samples: Master Custodian Agreement (IXIS Advisor Cash Management Trust)

Effective Period, Termination and Amendment. 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, 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 not sooner than thirty sixty (3060) days after the date of such delivery or mailing mailing; provided, however that the Custodian shall not act under Section 2.8 hereof in the case absence of receipt of an initial certificate of the Clerk or an Assistant Clerk of the Fund that the Board of Trustees has approved the initial use of a termination particular Securities System by the Fund, as required by Rule 17f-4 under the Investment Company Act of 1940, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodian; provided, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Clerk or an assistant secretary thereof, Assistant Clerk of the Fund that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board Trustees has approved the initial use of the Direct Paper SystemSystem by the Fund; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles 's Declaration of incorporationTrust, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the 24 Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheldtermination.

Appears in 1 contract

Samples: Custodian Agreement (Baupost Fund)

Effective Period, Termination and Amendment. This Agreement Contract 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, 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; provided, however however, that the Custodian shall not act under Section 2.9 2.12 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board has Trustees of the Fund have approved the initial use of a particular U.S. Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Trustees have reviewed the use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the 1940 investment Company Act or any applicable Rule thereunderof 1940, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of the Direct Paper Systemas amended; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Declaration of incorporationTrust, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund may at any time by action of its Board Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 1 contract

Samples: Custodian Contract (Harbor Fund)

Effective Period, Termination and Amendment. This Agreement Contract 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, 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 not sooner than thirty sixty (3060) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; providedPROVIDED, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Hoard 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 Investment Company Act of 1940, as amended and that the Custodian shall not act under Section 2.10A 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; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Articles of incorporationIncorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund may at any time by action of its Board of Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 1 contract

Samples: Custodian Contract (Prospect Street High Income Portfolio Inc)

Effective Period, Termination and Amendment. 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, 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fundmailing; PROVIDED, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodian; providedhowever, however that the Custodian shall not act under Section 2.9 2.8 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board has of Directors of the Company have approved the initial use of a particular U.S. Securities SystemSystem as required in Rule 17f-4 under the Investment Company Act of 1940, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of the Direct Paper Systemamended; provided furtherPROVIDED FURTHER, however, that the Fund Company shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Articles of incorporationIncorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund Company may at any time by action of its Board of Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund Company shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses . Any notice or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not other communication authorized or required by this Agreement to be unreasonably withheld.given to the parties shall be sufficiently given if addressed to such party and mailed postage prepaid or delivered to it at its office at the address set forth below: In the case of the Company: Fortis Worldwide Portfolios, Inc. Mailing address: X.X. Xxx 00000 Xx. Xxxx, MN 55164 Street address: 000 Xxxxxxxxxx Xxxxx Woodbury, MN 55125 In the case of the Custodian: First Bank National Association c/o First Trust Center 000 Xxxx Xxxxx Xxxxxx, 0xx Xxxxx Xx. Xxxx, MN 55101 Attention: Global Custody Division

Appears in 1 contract

Samples: Custody Agreement (Fortis Worldwide Portfolios Inc)

Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of the date of its execution, shall continue in In full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto, 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; providedPROVIDED, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, 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 Investment Company Act of 1940, as amended and that the Custodian shall not act under Section 2.10A 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; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Articles of incorporationIncorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund may at any time by action of its Board of Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 1 contract

Samples: Custodian Contract (High Yield Plus Fund Inc)

Effective Period, Termination and Amendment. This Agreement Contract 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, 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 not sooner than thirty sixty (3060) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; providedPROVIDED, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board has of Trustees of the Fund have approved the initial use of a particular Securities System and the Direct Paper receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees have reviewed the use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Declaration of incorporationTrust, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 1 contract

Samples: Janus Investment Fund

Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of the date of its execution, shall continue remain in full force and effect until terminated as hereinafter providedfor an initial term ending October 31, 2011 (the “Initial Term’’), and may be amended at any time by mutual agreement of the parties hereto. After the expiration of the Initial Term, this Contract shall automatically renew for additional successive one-year terms (each, a “Renewal Term”), and may be terminated by either party during any Renewal Term by an written instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing in mailing. During the case of a termination by the FundInitial Term and thereafter, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodian; provided, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of the Direct Paper System; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles of incorporation, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided that the Fund may at any time by action of its Board immediately terminate this Contract in the event of: (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction, (ii) the material breach by the Custodian of a material provision of this Contract which State Street has either (1) failed to cure or (2) failed to establish a remedial plan to cure that is reasonably acceptable to the Fund within 30 days’ written notice of such breach, (iii) the finding by a U.S. governmental or regulatory authority that the Custodian has violated material provisions of federal or state laws applicable to the Custodian in its capacity as a custodian and such violation materially affects the Custodian’s performance of the services provided hereunder, and/or (iv) a change of control of the Custodian, such as through an acquisition, merger or similar transaction, which change of control the Fund reasonably believes threatens the Custodian’s or its successor/surviving entity’s continuing performance of the services provided hereunder, provided, however, this clause (iv) shall not apply to transactions involving successor/surviving entities controlled by, under common control with or controlling the Custodian. The Fund shall not amend or terminate this Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s Declaration of Trust. Upon termination of the Agreementthis Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 1 contract

Samples: Custodian Contract (Harbor Funds)

Effective Period, Termination and Amendment. This Agreement Contract 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, 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 not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.12 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board has of Trustees of the Trust have approved the initial use of a particular U.S. Securities System, System by such Portfolio as required by Rule 17f-4 under the 1940 Investment Company Act or any applicable Rule thereunderof 1940, as amended; and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of the Direct Paper System; provided furtherPROVIDED FURTHER, however, (a) that the Fund Trust shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Declaration of incorporationTrust, agreement of trust, by-laws and/or registration statement and (as applicable, the "Governing Documents"); and further provided b) that the Fund Trust on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund Trust on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 1 contract

Samples: MFS Union Standard Trust

Effective Period, Termination and Amendment. This Agreement Contract 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, hereto and may be terminated with respect to any Portfolio by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; providedPROVIDED, however that the Custodian shall not act under Section 2.9 hereof in the absence of receipt of an initial certificate of with respect to a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of a particular U.S. Securities System, as required by the 1940 Act or any applicable Rule thereunder, and that the Custodian shall not Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 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 SystemSystem by such Portfolio ; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund’s articles Declaration of incorporationTrust, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the United States Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 1 contract

Samples: Equity Portfolio/Ny

Effective Period, Termination and Amendment. This Agreement shall become effective as of the date of its execution, execution and shall continue in full force and effect until terminated as hereinafter provided, . The parties may be amended mutually agree to amend this Agreement at any time by mutual agreement of the parties hereto, and time. Either party may be terminated by either party terminate this Agreement by an instrument in writing delivered or mailed, postage prepaid to the other party, such the termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing in the case of a termination by the Fund, and not sooner than one hundred eighty (180) days after the date of such delivery or mailing in the case of termination by the Custodianmailing; provided, however however, that the Custodian First Union shall not act under Section 2.9 hereof Paragraph 7 in the absence of receipt of an initial certificate of a Fund’s secretary, the Secretary or an assistant secretary thereof, Assistant Secretary that the Board of Directors or Trustees of the Fund has approved the initial use of a particular U.S. Securities Depository or Book-Entry System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors or Trustees has reviewed the Fund's use of the Securities Depository and/or Book-Entry System, as required by Rule 17f-4 under the 1940 Act or any applicable Rule thereunderrequires, and that the Custodian shall not act under Section 2.10 hereof in the absence of receipt of an initial certificate of a Fund’s secretary, or an assistant secretary thereof, that the Board has approved the initial use of the Direct Paper System; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal -------------------------------------------------------------------------------- 24 or state regulations, or any provision of the Fund’s articles Articles of incorporationIncorporation or Declaration of Trust, agreement of trust, by-laws and/or registration statement (as applicable, the "Governing Documents"); and further provided provided, that the Fund may at any time by action of its Board of Directors or Trustees (i) substitute another bank or trust company for the Custodian First Union by giving notice as described above to the Custodian, First Union or (ii) immediately terminate this Agreement in the event the Comptroller of the appointment of Currency appoints a conservator or receiver for the Custodian by the United States Comptroller of the Currency First Union or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund shall pay to the Custodian such First Union all compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian First Union for its reasonable costs, expenses and disbursements, provided that the Custodian shall not incur any costs, expenses or disbursements specifically in connection with such termination unless it has received prior approval from the Fund, such approval not to be unreasonably withheld.

Appears in 1 contract

Samples: Custody Agreement (Ameritor Security Trust)

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