Common use of Employment of Custodian and Property to be Held by It Clause in Contracts

Employment of Custodian and Property to be Held by It. Each Fund hereby employs the Custodian as the custodian of certain of its assets, including those securities it desires to be held within the United States of America (“domestic securities”) and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities”). Each Fund agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to time, and all payments of income, payments of principal or capital distributions received by it with respect to securities held by it hereunder, and the cash consideration received by it for such new or treasury shares of capital stock of each Fund as may be issued or sold from time to time (“Shares”). The Custodian shall not be responsible for any property of any Fund held or received by such Fund (i) not delivered to the Custodian, or (ii) held in the custody of Chase Manhattan Bank N.A. The Custodian is authorized to employ one or more sub-custodians located within the United States, provided that the Custodian shall have obtained the written acknowledgment of the Fund with respect to such employment. The Custodian is authorized to employ sub-custodians located outside the United States as noted on Schedule A attached hereto (as such Schedule A may be amended from time to time). The Custodian shall have no more or less responsibility or liability to any Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- custodian has to the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing by the Custodian and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United States.

Appears in 96 contracts

Samples: Custodian Agreement (T. Rowe Price State Tax-Free Funds, Inc.), Custodian Agreement (T. Rowe Price Equity Funds, Inc.), Custodian Agreement (T. Rowe Price Reserve Investment Funds, Inc.)

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Employment of Custodian and Property to be Held by It. Each Fund The Trust hereby appoints and employs the Bank as its Custodian as the custodian of certain of its assets, including those securities it desires to be held within the United States of America (“domestic securities”) and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant Agent in accordance with and subject to the Foreign Custodian Agreement provisions hereof, and (ii) described with greater particularity in Section 3 hereof (the Bank hereby accepts such securities shall be referred to herein as “foreign securities”)appointment and employment. Each Fund The Trust agrees to deliver to the Custodian all domestic securities, foreign securities participation interests, cash and cash other assets owned by it from time to timeit, and all payments of income, payments of principal or and capital distributions and adjustments received by it with respect to all securities held and participation interests owned by it hereunderthe Trust from time to time, and the cash consideration received by it for such new or treasury shares of capital stock of each Fund as may be issued or sold from time to time (“Shares”)in exchange for an interest in the Trust or for an increase in such an interest. The Custodian shall not be responsible for any property of any Fund the Trust held or received by such Fund (i) the Trust and not delivered by the Trust to the Custodian. The Trust will also deliver to the Bank from time to time copies of its currently effective declaration of trust, by-laws, registration statement and placement agent agreement with its placement agent, together with such resolutions, and other proceedings of the Trust as may be necessary for or (ii) held convenient to the Bank in the custody performance of Chase Manhattan Bank N.A. its duties hereunder. The Custodian is authorized may from time to time employ one or more sub-custodians located within subcustodians to perform such acts and services upon such terms and conditions as shall be approved from time to time by the United States, provided that Board. Any such subcustodian so employed by the Custodian shall have obtained be deemed to be the written acknowledgment agent of the Fund with respect to such employment. The Custodian is authorized to employ sub-custodians located outside Custodian, and the United States as noted on Schedule A attached hereto (as such Schedule A may be amended from time to time). The Custodian shall have no more remain primarily responsible for the securities, participation interests, moneys and other property of the Trust held by such subcustodian. Any foreign subcustodian shall be a bank or less responsibility or liability trust company which is an eligible foreign custodian within the meaning of Rule 17f-5 under the Investment Company Act of 1940, and the foreign custody arrangements shall be approved by the Board and shall be in accordance with and subject to the provisions of said Rule. For the purposes of this Agreement, any Fund on account property of any actions or omissions of any sub-custodian so employed than the Trust held by any such sub- custodian has subcustodian (domestic or foreign) shall be deemed to the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing be held by the Custodian and under the applicable Fund. With the exception terms of State Street Bank and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United Statesthis Agreement.

Appears in 51 contracts

Samples: Master Custodian Agreement (Emerging Markets Income Portfolio), Master Custodian Agreement (Multi-Sector Portfolio), Master Custodian Agreement (Global Opportunities Portfolio)

Employment of Custodian and Property to be Held by It. Each Fund hereby employs the Custodian as the custodian of certain the assets of its assetsthe Fund, including those securities it which the Fund desires to be held in places within the United States of America (“domestic securities”) and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities”)) pursuant to the provisions of the Fund’s governing documents. Each Fund agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to timeof the Fund, and all payments of income, payments of principal or capital distributions received by it with respect to all securities held owned by it hereunderthe Fund from time to time, and the cash consideration received by it for such new or treasury shares of capital stock or beneficial interest, as applicable, of each the Fund representing interests in the Fund (“Shares”) as may be issued or sold from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any a Fund held or received by such the Fund (i) and not delivered to the Custodian. Upon receipt of “Proper Instructions” (within the meaning of Article 6 of this Contract), or (ii) held in the custody Custodian shall on behalf of Chase Manhattan Bank N.A. The Custodian is authorized the applicable Fund from time to time employ one or more sub-custodians custodians, located within in the United States, States but only in accordance with an applicable vote by the Board of Trustees/Directors of the applicable Fund (the “Board”) and provided that the Custodian shall have obtained the written acknowledgment of the Fund with respect to such employment. The Custodian is authorized to employ sub-custodians located outside the United States as noted on Schedule A attached hereto (as such Schedule A may be amended from time to time). The Custodian shall have no more or less responsibility or liability to any the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian and provided, further, that the foregoing shall not release any affect the responsibility of the Custodian as set forth in Section 14 hereof. The Custodian may employ as sub-custodian from any responsibility or liability unless so agreed for the Fund’s foreign securities the foreign banking institutions and foreign securities depositories designated in writing by Schedules A and B hereto but only in accordance with the Custodian provisions of Articles 3 and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United States4.

Appears in 47 contracts

Samples: Custodian Contract (Morgan Stanley Institutional Fund Trust), Custodian Contract (Universal Institutional Funds Inc), Custodian Contract (Morgan Stanley Institutional Fund Inc)

Employment of Custodian and Property to be Held by It. Each The Fund hereby appoints and employs the Bank as its Custodian as the custodian of certain of its assets, including those securities it desires to be held within the United States of America (“domestic securities”) and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant Agent in accordance with and subject to the Foreign Custodian Agreement provisions hereof, and (ii) described with greater particularity in Section 3 hereof (the Bank hereby accepts such securities shall be referred to herein as “foreign securities”)appointment and employment. Each The Fund agrees to deliver to the Custodian all domestic securities, foreign securities participation interests, cash and cash other assets owned by it from time to timeit, and all payments of income, payments of principal or and capital distributions and adjustments received by it with respect to all securities held and participation interests owned by it hereunderthe Fund from time to time, and the cash consideration received by it for such new or treasury shares ("Shares") of capital stock of each the Fund as may be issued or sold from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any the Fund held or received by such the Fund (i) and not delivered by the Fund to the Custodian. The Fund will also deliver to the Bank from time to time copies of its currently effective charter (or declaration of trust or partnership agreement, as the case may be), by-laws, prospectus, statement of additional information and distribution agreement with its principal underwriter, together with such resolutions, votes and other proceedings of the Fund as may be necessary for or (ii) held convenient to the Bank in the custody performance of Chase Manhattan Bank N.A. its duties hereunder. The Custodian is authorized may from time to time employ one or more sub-custodians located within subcustodians to perform such acts and services upon such terms and conditions as shall be approved from time to time by the United States, provided that Board of Directors. Any such subcustodian so employed by the Custodian shall have obtained be deemed to be the written acknowledgment agent of the Custodian, and the Custodian shall remain primarily responsible for the securities, participation interests, moneys and other property of the Fund held by such subcustodian. Any foreign subcustodian shall be a bank or trust company which is an eligible foreign custodian within the meaning of Rule 17f-5 under the Investment Company Act of 1940, and the foreign custody arrangements shall be approved by the Board of Directors and shall be in accordance with respect and subject to such employmentthe provisions of said Rule. The Custodian is authorized to employ sub-custodians located outside For the United States as noted on Schedule A attached hereto (as such Schedule A may be amended from time to time). The Custodian shall have no more or less responsibility or liability to purposes of this Agreement, any property of the Fund on account of any actions or omissions of any sub-custodian so employed than held by any such sub- custodian has subcustodian (domestic or foreign) shall be deemed to the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing be held by the Custodian and under the applicable Fund. With the exception terms of State Street Bank and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United Statesthis Agreement.

Appears in 35 contracts

Samples: Master Custodian Agreement (Wright Asset Allocation Trust), Master Custodian Agreement (Wright Managed Income Trust), Master Custodian Agreement (Eaton Vance Credit Opportunities Fund)

Employment of Custodian and Property to be Held by It. Each Fund hereby employs the Custodian as the custodian of certain of its assets, including those securities it desires to be held within the United States of America ("domestic securities") and those securities it desires to be held outside the United States of America (the "United States") which are (i) not held on the Funds` behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as "foreign securities"). Each Fund agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to time, and all payments of income, payments of principal or capital distributions received by it with respect to securities held by it hereunder, and the cash consideration received by it for such new or treasury shares of capital stock of each Fund as may be issued or sold from time to time ("Shares"). The Custodian shall not be responsible for any property of any Fund held or received by such Fund (i) not delivered to the Custodian, or (ii) held in the custody of Chase Manhattan Bank N.A. The Custodian is authorized to employ one or more sub-custodians located within the United States, provided that the Custodian shall have obtained the written acknowledgment of the Fund with respect to such employment. The Custodian is authorized to employ sub-custodians located outside the United States as noted on Schedule A attached hereto (as such Schedule A may be amended from time to time). The Custodian shall have no more or less responsibility or liability to any Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing by the Custodian and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United States.

Appears in 30 contracts

Samples: Custodian Agreement (T. Rowe Price Institutional International Funds, Inc.), Custodian Agreement (T. Rowe Price Prime Reserve Fund, Inc.), Custodian Agreement (T. Rowe Price Dividend Growth Fund, Inc.)

Employment of Custodian and Property to be Held by It. Each Fund hereby employs the Custodian as the custodian of certain of its assets, including those securities it desires to be held within the United States of America ("domestic securities") and those securities it desires to be held outside the United States of America (the "United States") which are (i) not held on the Funds’ behalf by Chase Manhattan BankCHASE MANHATTAN BANK, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as "foreign securities"). Each Fund agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to time, and all payments of income, payments of principal or capital distributions received by it with respect to securities held by it hereunder, and the cash consideration received by it for such new or treasury shares of capital stock of each Fund as may be issued or sold from time to time ("Shares"). The Custodian shall not be responsible for any property of any Fund held or received by such Fund (i) not delivered to the Custodian, or (ii) held in the custody of Chase Manhattan Bank CHASE MANHATTAN BANK N.A. The Custodian is authorized to employ one or more sub-sub- custodians located within the United States, provided that the Custodian shall have obtained the written acknowledgment of the Fund with respect to such employment. The Custodian is authorized to employ sub-custodians located outside the United States as noted on Schedule A attached hereto (as such Schedule A may be amended from time to time). The Custodian shall have no more or less responsibility or liability to any Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- custodian has to the Custodian and shall not release any sub-sub- custodian from any responsibility or liability unless so agreed in writing by the Custodian and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United States.

Appears in 18 contracts

Samples: Custodian Agreement (T. Rowe Price Equity Income Fund), Custodian Agreement (T. Rowe Price Multi-Sector Account Portfolios, Inc.), Custodian Agreement (T. Rowe Price International Index Fund, Inc.)

Employment of Custodian and Property to be Held by It. Each Fund hereby employs the Custodian as the custodian of certain the assets of its assetsthe Portfolios of the Fund, including those securities it which the Fund, on behalf of the applicable Portfolio desires to be held in places within the United States of America (“domestic securities”) and those securities it desires to be held outside the United States of America (the United Statesforeign securities”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement provisions of the Fund’s articles of incorporation, agreement and declaration of trust, by-laws and/or registration statement (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as applicable, the foreign securitiesGoverning Documents”). Each Fund on behalf of its Portfolio(s) agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to timeof such Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities held owned by it hereundersuch Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock or beneficial interest of each Fund representing interests in the Portfolios, (“Shares”) as may be issued or sold from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any Fund a Portfolio held or received by such Fund (i) the Portfolio and not delivered to the Custodian. Upon receipt of “Proper Instructions” (within the meaning of Article 6), or (iithe Custodian shall on behalf of the applicable Portfolio(s) held in the custody of Chase Manhattan Bank N.A. The Custodian is authorized from time to time employ one or more sub-custodians located within in the United StatesStates but only in accordance with an applicable vote by the Board of Directors or the Board of Trustees of the applicable Fund on behalf of the applicable Portfolio(s) (as appropriate and in each case, the “Board”), and provided that the Custodian shall have obtained the written acknowledgment of the Fund with respect to such employment. The Custodian is authorized to employ sub-custodians located outside the United States as noted on Schedule A attached hereto (as such Schedule A may be amended from time to time). The Custodian shall have no more or less responsibility or liability to any the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian. The Custodian and shall not release any may employ as sub-custodian from any responsibility or liability unless so agreed in writing by the Custodian and for each Fund’s foreign securities on behalf of the applicable Fund. With Portfolio(s) the exception foreign banking institutions and foreign securities depositories designated in Schedule A and Schedule B hereto but only in accordance with the applicable provisions of State Street Bank Article 3 and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United StatesArticle 4.

Appears in 17 contracts

Samples: Master Custodian Contract (Invesco High Income Trust II), Master Custodian Contract (Invesco High Income 2024 Target Term Fund), Master Custodian Contract (Aim Variable Insurance Funds (Invesco Variable Insurance Funds))

Employment of Custodian and Property to be Held by It. Each Fund hereby employs the Custodian as the custodian of certain the assets of its assetsthe Portfolios of the Fund, including those securities it which the Fund, on behalf of the applicable Portfolio desires to be held in places within the United States of America (domestic securities) and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities). Each Fund on behalf of its Portfolio(s) agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to timeof such Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities held owned by it hereundersuch Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of each Fund representing interests in its Portfolios (Shares ) as may be issued or sold from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any Fund a Portfolio held or received by such Fund (i) the Portfolio and not delivered to the Custodian, including without limitation any property released, delivered or otherwise removed from such Portfolio's account with the Custodian pursuant to "Proper Instructions" (iias such term is defined in Section 6 hereof). Upon receipt of Proper Instructions, the Custodian shall on behalf of the applicable Portfolio(s) held in the custody of Chase Manhattan Bank N.A. The Custodian is authorized from time to time employ one or more sub-custodians located within in the United States, provided that but only in accordance with an applicable vote by board of directors or the Custodian shall have obtained the written acknowledgment board of trustees of the applicable Fund with respect to such employment(as appropriate and in each case, the Board). The Custodian is authorized to may employ as sub-custodians located outside custodian for each Funds foreign securities on behalf of the United States as noted on Schedule applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedules A attached and B hereto (as such Schedule A may be amended from time to time)but only in accordance with the applicable provisions of Sections 3 and 4. The Custodian shall have no more or less responsibility or liability to any the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing Custodian. All duties undertaken by the Custodian will be performed in a timely manner. What constitutes timeliness in connection with a particular action will be determined by the standards of the industry as they apply to the specific type of transaction in question and the applicable Fund. With the exception of State Street Bank taking into account relevant facts and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United Statescircumstances.

Appears in 13 contracts

Samples: Master Custodian Agreement (Calvert Social Investment Fund), Master Custodian Agreement (Calvert World Values Fund Inc), Custodian Agreement (Calvert Tax Free Reserves)

Employment of Custodian and Property to be Held by It. Each Fund The Company hereby employs the Custodian as the custodian of certain of its assets, including those securities it which the Company desires to be held in places within the United States of America (“domestic securities”) and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities”). Each Fund agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to time, and all payments of income, payments of principal or capital distributions received by it with respect to securities held by it hereunder, and the cash consideration received by it for such new or treasury shares of capital stock of each Fund as may be issued or sold from time to time (“Shares”). The Custodian shall not be responsible for any property of any Fund held or the Company which is not received by it or which is delivered out in accordance with Proper Instructions (as such Fund term is defined in Section 7 hereof). With respect to uncertificated shares of or other interests (i“Underlying Shares”) not delivered to in collective investment vehicles including, inter alia, registered investment companies (“Underlying Funds”), the holding of confirmation statements which identify such Underlying Shares as being recorded in the Custodian, ’s name (or (ii) held in the name of a nominee of the Custodian) for the benefit of the Company, shall be deemed custody for purposes of Chase Manhattan Bank N.A. The this Agreement. Upon receipt of Proper Instructions, the Custodian is authorized shall from time to time employ one or more sub-custodians located within the United States, provided that the Custodian shall have obtained the written acknowledgment of the Fund with respect to such employment. The Custodian is authorized to employ sub-custodians located outside in the United States as noted on Schedule A attached hereto (as such Schedule A may be amended from time to time)approved by the Company. The Custodian shall have no more or less responsibility or liability to any Fund the Company on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian. The Custodian and shall not release any may employ as sub-custodian custodians for the Company’s securities and other assets the foreign banking institutions and foreign securities depositories designated in Schedules A and B hereto (as may be amended from any responsibility or liability unless so agreed in writing time to time by the Custodian and in accordance with the applicable Fund. With the exception provisions of State Street Bank Sections 3 and Trust Company (London branch4 hereof), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United States.

Appears in 10 contracts

Samples: Custodian Agreement (FS Energy & Power Fund), Custodian Agreement (FS Investment Corp IV), Custodian Agreement (FS Investment Corp IV)

Employment of Custodian and Property to be Held by It. Each The Fund hereby employs the Custodian as the custodian of certain of its assets, including those securities it desires to be held in places within the United States of America ("domestic securities") and those securities it desires to be held outside the United States of America (the “United States”"foreign securities") which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities”)Governing Documents of the Fund. Each The Fund agrees to deliver to the Custodian all domestic securities, foreign securities and cash now or hereafter owned or acquired by it from time to timeit, and all payments of income, payments of principal or capital distributions received by it with respect to all securities held owned by it hereunderthe Fund from time to time, and the cash consideration received by it for such new or treasury shares of capital stock ("Shares") of each the Fund as may be issued or sold from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any the Fund held or received by such the Fund (i) and not delivered to the Custodian. With respect to domestic securities, or upon receipt of "Proper Instructions" (ii) held in within the custody meaning of Chase Manhattan Bank N.A. The Article 5), the Custodian is authorized shall from time to time employ one or more sub-custodians located within in the United States, but only in accordance with an applicable vote by the Board of Directors/Trustees of the Fund, and provided that the Custodian shall have obtained the written acknowledgment of the Fund with respect to such employment. The Custodian is authorized to employ sub-custodians located outside the United States as noted on Schedule A attached hereto (as such Schedule A may be amended from time to time). The Custodian shall have no more or less responsibility or liability to any the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian, and further provided that the Custodian and shall not release any the sub-custodian from any responsibility or liability unless so mutually agreed in writing upon by the Custodian and the applicable Fundparties in writing. With respect to foreign securities and other assets of the exception of State Street Bank and Trust Company (London branch)Fund held outside the United States, the Custodian shall not be liable for losses arising from the bankruptcyemploy Chase Manhattan Bank, insolvency or receivership of any N.A., as a sub-custodian located outside for the United StatesFund in accordance with the provisions of Article 3.

Appears in 9 contracts

Samples: Custodian Agreement (Price T Rowe Adjustable Rate U S Government Fund Inc), Custodian Agreement (Price T Rowe Personal Strategy Funds Inc), Custodian Agreement (Price T Rowe Tax Free Insured Intermediate Bond Fund Inc)

Employment of Custodian and Property to be Held by It. Each The Fund hereby employs the Custodian as the custodian of certain the assets of its assetseach Portfolio, including those securities it , securities, other instruments, including, without limitation, options, futures contracts, options on futures contracts and swaps, and, as the context requires, currencies which the Portfolio desires to be held in places within the United States of America (collectively, "domestic securities") and those securities securities, other instruments, including options, futures contracts, options on futures contracts and swaps, and, as the context requires, currencies it desires to be held outside the United States of America (the “United States”collectively, "foreign securities" and, together with domestic securities, "securities") which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities”)provisions of the Fund's organizational documents. Each The Fund agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to timeof each Portfolio, and all payments of income, payments of principal or capital distributions received by it with respect to all securities held owned by it hereunderthe Fund from time to time, and the cash consideration received by it for such new or treasury shares of capital stock of each Fund Interests as may be issued or sold from time to time (“Shares”)time. The Custodian shall not be responsible responsible, as custodian, for any property of any Fund a Portfolio held or received by such Fund (i) the Portfolio and not delivered to the Custodian. Upon receipt of "Proper Instructions" (within the meaning of Article 5), or (iithe Custodian shall on behalf of the applicable Portfolio(s) held in the custody of Chase Manhattan Bank N.A. The Custodian is authorized from time to time employ one or more sub-custodians custodians, located within in the United States, provided that but only in accordance with an applicable vote by the Custodian shall have obtained the written acknowledgment of the Fund with respect to such employmentFund's Board. The Custodian is authorized to may employ as sub-custodians located outside custodian for the Portfolio's foreign securities foreign banking institutions and foreign securities depositories designated in Schedule B hereto but only in accordance with the provisions of Article 3. 2. Duties of the Custodian with Respect to Property of the Portfolios Held By the Custodian in the United States 2.1 Holding Securities The Custodian shall hold and physically segregate for the account of each Portfolio all non-cash property to be held by it in the United States, including all domestic securities owned by such Portfolio, other than (a) securities which are maintained pursuant to Section 2.10 in a clearing agency which acts as noted on Schedule A attached hereto a securities depository or in a book-entry system contemplated by Rule 17f-4(b)(1) or (2) under the Investment Company Act of 1940, as amended (the "1940 Act") (each, a "U.S. Securities System"), (b) commercial paper of an issuer for which the Custodian acts as issuing and paying agent ("Direct Paper") which is deposited and/or maintained in the Direct Paper System of the Custodian pursuant to Section 2.11, (c) whole mortgages of which the Fund is the mortgagor that are serviced by a servicer that is not an "affiliate" (as such Schedule A may be amended from time to time). The Custodian shall have no more or less responsibility or liability to any Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- custodian has to term is defined in the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing by the Custodian and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch1940 Act), of the Custodian shall not be liable for losses arising from Fund, and (d) such other property as the bankruptcy, insolvency or receivership of any sub-custodian located outside the United States.Fund identifies by Proper Instructions. 2.2

Appears in 8 contracts

Samples: Custodian and Fund Accounting Agreement (Jp Morgan Series Trust), Custodian and Fund Accounting Agreement (Jp Morgan Series Trust Ii), Custodian and Fund Accounting Agreement (Short Term Bond Portfolio)

Employment of Custodian and Property to be Held by It. Each Fund hereby employs the Custodian as the custodian of certain of its assets, including those securities it desires to be held within the United States of America ("domestic securities") and those securities it desires to be held outside the United States of America (the "United States") which are (i) not held on the Funds' behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as "foreign securities"). Each Fund agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to time, and all payments of income, payments of principal or capital distributions received by it with respect to securities held by it hereunder, and the cash consideration received by it for such new or treasury shares of capital stock of each Fund as may be issued or sold from time to time ("Shares"). The Custodian shall not be responsible for any property of any Fund held or received by such Fund (i) not delivered to the Custodian, or (ii) held in the custody of Chase Manhattan Bank N.A. The Custodian is authorized to employ one or more sub-custodians located within the United States, provided that the Custodian shall have obtained the written acknowledgment of the Fund with respect to such employment. The Custodian is authorized to employ sub-custodians located outside the United States as noted on Schedule A attached hereto (as such Schedule A may be amended from time to time). The Custodian shall have no more or less responsibility or liability to any Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing by the Custodian and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United States.

Appears in 7 contracts

Samples: Custodian Agreement (Price T Rowe Prime Reserve Fund Inc), Custodian Agreement (Price T Rowe Capital Appreciation Fund), Custodian Agreement (Price T Rowe International Funds Inc)

Employment of Custodian and Property to be Held by It. Each The Fund hereby employs the Custodian as the custodian of certain the assets of its assetsthe Portfolios of the Fund, including those securities it which the Fund, on behalf of the applicable Portfolio desires to be held in places within the United States of America (“domestic securities”"DOMESTIC SECURITIES") and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities”"FOREIGN SECURITIES"). Each The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to timeof the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities held owned by it hereunderthe Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of each the Fund representing interests in the Portfolios ("SHARES") as may be issued or sold from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any Fund a Portfolio held or received by such Fund (i) the Portfolio and not delivered to the Custodian, including without limitation any property released, delivered or otherwise removed from the Portfolio's account with the Custodian pursuant to "PROPER INSTRUCTIONS") (iias such term is defined in Section 6 hereof). Upon receipt of Proper Instructions, the Custodian shall on behalf of the applicable Portfolio(s) held in the custody of Chase Manhattan Bank N.A. The Custodian is authorized from time to time employ one or more sub-custodians located within in the United States, provided that but only in accordance with an applicable vote by the Custodian shall have obtained Fund's Board of Trustees or Directors, as appropriate (each, the written acknowledgment of the Fund with respect to such employment"BOARD"). The Custodian is authorized to may employ as sub-custodians located outside custodian for the United States as noted Fund's foreign securities on Schedule behalf of the applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedules A attached and B hereto (as such Schedule A may be amended from time to time)but only in accordance with the applicable provisions of Sections 3 and 4. The Custodian shall have no more or less responsibility or liability to any the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing by the Custodian and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United States.Custodian

Appears in 4 contracts

Samples: Custodian Agreement (Davis International Series Inc), Custodian Agreement (Davis Series Inc), Custodian Agreement (Selected American Shares Inc)

Employment of Custodian and Property to be Held by It. Each Fund The Trust hereby employs the Custodian as the custodian of certain of its assets, including those securities it which the Trust desires to be held in places within the United States of America (“domestic securities”) and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities”). Each Fund agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to time, and all payments of income, payments of principal or capital distributions received by it with respect to securities held by it hereunder, and the cash consideration received by it for such new or treasury shares of capital stock of each Fund as may be issued or sold from time to time (“Shares”). The Custodian shall not be responsible for any property of any Fund held or the Trust which is not received by it or which is delivered out in accordance with Proper Instructions (as such Fund term is defined in Section 6 hereof) including, without limitation, Trust property (i) not delivered to held by brokers, private bankers or other entities on behalf of the CustodianTrust, or (ii) held by Special Sub-Custodians (as such term is defined in Section 4 hereof), (iii) held by entities which have advanced monies to or on behalf of the Trust and which have received Trust property as security for such advance(s), or (iv) delivered or otherwise removed from the custody of Chase Manhattan Bank N.A. The the Custodian pursuant to Special Instructions (as such term is authorized defined in Section 6 hereof). With respect to uncertificated shares of or other interests (“Underlying Shares”) in collective investment vehicles including, inter alia, registered investment companies (“Underlying Funds”), the holding of confirmation statements which identify such Underlying Shares as being recorded in the Custodian’s name (or in the name of a nominee of the Custodian) for the benefit of the Trust, shall be deemed custody for purposes of this Agreement. Upon receipt of Proper Instructions, the Custodian shall from time to time employ one or more sub-custodians located within in the United States, provided that the Custodian shall have obtained the written acknowledgment of the Fund with respect to such employment. The Custodian is authorized to employ sub-custodians located outside the United States as noted on Schedule A attached hereto (as such Schedule A may be amended from time to time). The Custodian shall have no more or less responsibility or liability to any Fund the Trust on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian. The Custodian and shall not release any may employ as sub-custodian from any responsibility or liability unless so agreed custodians for the Trust’s securities and other assets the foreign banking institutions and foreign securities depositories designated in writing Schedule A hereto (as amended by the Custodian and from time to time by its delivery to the applicable Fund. With the exception Trust of State Street Bank and Trust Company (London branchan updated Schedule A), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United States.

Appears in 4 contracts

Samples: Custodian Agreement (Nuveen Long/Short Commodity Total Return Fund), Custodian Agreement (Nuveen Long/Short Commodity Total Return Fund), Custodian Agreement (Nuveen Diversified Commodity Fund)

Employment of Custodian and Property to be Held by It. Each Fund hereby employs the Custodian as the custodian of certain the assets of its assetssuch Fund, including those securities it which the Fund desires to be held in places within the United States of America (“domestic securities”"DOMESTIC SECURITIES") and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant "FOREIGN SECURITIES"). All property delivered to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities Custodian, its agents or its subcustodians shall be referred to herein held and dealt with as “foreign securities”). Each Fund agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to time, and all payments of income, payments of principal or capital distributions received by it with respect to securities held by it hereunder, and the cash consideration received by it for such new or treasury shares of capital stock of each Fund as may be issued or sold from time to time (“Shares”)hereinafter provided. The Custodian shall not be responsible for any property of any Fund held or received by such Fund (i) the Funds not delivered to the Custodian. With respect to uncertificated shares (the "UNDERLYING SHARES") of registered investment companies (hereinafter sometimes referred to as the "UNDERLYING PORTFOLIOS"), or (ii) held the holding of confirmation statements that identify the shares as being recorded in the Custodian's name on behalf of the Fund will be deemed custody for purposes hereof. Upon receipt of Chase Manhattan Bank N.A. The Proper Instructions (as such term is defined in Section 6 hereof), the Custodian is authorized shall on behalf of the applicable Fund, from time to time employ one or more sub-custodians located within in the United States, provided that but only in accordance with an applicable vote by the Custodian shall have obtained board of directors or the written acknowledgment board of trustees of such Fund (as appropriate, and in each case, the Fund with respect to such employment"BOARD"). The Custodian is authorized to may employ as sub-custodians located outside custodian for each Fund's foreign securities the United States as noted on Schedule foreign banking institutions and foreign securities depositories designated in Schedules A attached hereto (as such Schedule A may be amended from time to time)and B hereto, but only in accordance with the applicable provisions of Sections 3 and 4. The Custodian shall have no more or less responsibility or liability to any a Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing by the Custodian and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United StatesCustodian.

Appears in 3 contracts

Samples: Custodian Agreement (Columbia Strategic Value Fund Inc), Master Custodian Agreement (Columbia Common Stock Fund Inc), Custodian Agreement (Columbia Short Term Bond Fund Inc)

Employment of Custodian and Property to be Held by It. Each Fund Trust hereby employs the Custodian as the custodian of certain of its assets, including those securities it which such Trust desires to be held in places within the United States, including securities issued by the United States of America (“domestic securities”) and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities”). Each Fund agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to time, and all payments of income, payments of principal or capital distributions received by it with respect to securities held by it hereunder, and the cash consideration received by it for such new or treasury shares of capital stock of each Fund as may be issued or sold from time to time (“Shares”). The Custodian shall not be responsible for any property of any Fund held or a Trust which is not received by it or which is delivered out in accordance with Proper Instructions (as such Fund term is defined in Section 6 hereof) including, without limitation, Trust property (i) not delivered to held by brokers, private bankers or other entities on behalf of the CustodianTrust, or (ii) held by Special Sub-Custodians (as such term is defined in Section 4 hereof), (iii) held by entities which have advanced monies to or on behalf of the Trust and which have received Trust property as security for such advance(s), or (iv) delivered or otherwise removed from the custody of Chase Manhattan Bank N.A. The the Custodian pursuant to Special Instructions (as such term is authorized defined in Section 6 hereof). With respect to uncertificated shares of or other interests (“Underlying Shares”) in collective investment vehicles including, inter alia, registered investment companies (“Underlying Funds”), the holding of confirmation statements which identify such Underlying Shares as being recorded in the Custodian’s name (or in the name of a nominee of the Custodian) for the benefit of the Trust, shall be deemed custody for purposes of this Agreement. Upon receipt of Proper Instructions, the Custodian shall from time to time employ one or more sub-custodians located within in the United States, provided that the Custodian shall have obtained the written acknowledgment of the Fund with respect to such employment. The Custodian is authorized to employ sub-custodians located outside the United States as noted on Schedule A attached hereto (as such Schedule A may be amended from time to time). The Custodian shall have no more or less responsibility or liability to any Fund Trust on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian. The Custodian and shall not release any may employ as sub-custodian from any responsibility or liability unless so agreed custodians for each Trust’s securities and other assets the foreign banking institutions and foreign securities depositories designated in writing Schedule A hereto (as amended by the Custodian and from time to time by its delivery to the applicable Fund. With the exception Trusts of State Street Bank and Trust Company (London branchan updated Schedule A), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United States.

Appears in 2 contracts

Samples: Custodian Agreement (FactorShares 2X: TBond Bull/S&p500 Bear), Custodian Agreement (FactorShares S&P Crude Oil Premium)

Employment of Custodian and Property to be Held by It. Each Fund hereby employs the Custodian as the custodian of certain its assets of its assetsthe Portfolios, including those securities it which the Fund, on behalf of the applicable Portfolio, desires to be held in places within the United States of America (“domestic securities”) and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities”). Each Fund Fund, on behalf of its Portfolio(s), agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to timeit, and all payments of income, payments of principal or capital distributions received by it such Portfolios with respect to all securities held owned by it hereunderfrom time to time, and the cash consideration received by it for such new or treasury shares share of capital stock beneficial interest of each Fund representing interests in its Portfolios (“Shares”) as may be issued or sold from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any Fund a Portfolio held or received by such the Fund (i) and not delivered to the Custodian. With respect to uncertificated shares (the “Underlying Shares”) of registered investment companies (hereinafter sometimes referred to as the “Underlying Portfolios”), or (ii) held the holding of confirmation statements that identify the shares as being recorded in the Custodian’s name on behalf of the Portfolios will be deemed custody for purposes hereof. Upon receipt of Chase Manhattan Bank N.A. The “Proper Instructions” (as such term is defined in Section 6 hereof), the Custodian is authorized shall, on behalf of the applicable Portfolio(s), from time to time employ one or more sub-custodians located within in the United States, provided that but only in accordance with an applicable vote by the Custodian shall have obtained Board of Directors or the written acknowledgment Board of Trustees of the applicable Fund with respect to such employmenton behalf of the applicable Portfolio (as appropriate, and in each case, the “Board”). The Custodian is authorized to may employ as sub-custodians located outside custodian for each Fund’s foreign securities, on behalf of the United States as noted on Schedule applicable Portfolio, the foreign banking institutions and foreign securities depositories designated in Schedules A attached hereto (as such Schedule A may be amended from time to time)and B hereto, but only in accordance with the applicable provisions of Sections 3 and 4. The Custodian shall have no more or less responsibility or liability to any Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing by the Custodian and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United StatesCustodian.

Appears in 2 contracts

Samples: Master Custodian Agreement (Scudder Advisor Funds Ii), Master Custodian Agreement (Scudder Equity 500 Index Portfolio)

Employment of Custodian and Property to be Held by It. Each Fund hereby employs the Custodian as the custodian of certain the assets of its assetsthe Portfolios of the Fund, including those securities it which the Fund, on behalf of the applicable Portfolio desires to be held in places within the United States of America (“domestic securities”) and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities”). Each Fund Fund, on behalf of its Portfolio(s), agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to timecash, or other assets of such Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities held owned by it hereunderfrom time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of each Fund representing interests in its Portfolios (“Shares”) as may be issued or sold from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any Fund a Portfolio held or received by such the Fund (i) and not delivered to the Custodian. Upon receipt of “Proper Instructions” (as such term is defined in Section 6 hereof), or (ii) held in the custody Custodian shall on behalf of Chase Manhattan Bank N.A. The Custodian is authorized the applicable Portfolio from time to time employ one or more sub-custodians located within in the United States, provided that but only in accordance with an applicable vote by the Custodian shall have obtained Board of Directors or the written acknowledgment Board of Trustees of the applicable Fund with respect to such employmenton behalf of the applicable Portfolio (as appropriate, and in each case, the “Board”). The Custodian is authorized to may employ as sub-custodians located outside custodian for each Fund’s foreign securities on behalf of the United States as noted on Schedule applicable Portfolio, the foreign banking institutions and foreign securities depositories designated in Schedules A attached hereto (as such Schedule A may be amended from time to time)and B hereto, but only in accordance with the applicable provisions of Sections 3 and 4. The Custodian shall have no more or less responsibility or liability to any the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing by the Custodian and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United StatesCustodian.

Appears in 2 contracts

Samples: Custodian Agreement (Nuveen Global Government Enhanced Income Fund), Custodian Agreement (Nuveen Global Value Opportunities Fund)

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Employment of Custodian and Property to be Held by It. Each The Fund hereby employs the Custodian as the custodian of certain the assets of its assetsthe Portfolios of the Fund, including those securities it which the Fund, on behalf of the applicable Portfolio desires to be held in places within the United States of America (“domestic securities”"DOMESTIC SECURITIES") and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities”"FOREIGN SECURITIES"). Each The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to timeof the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities held owned by it hereunderthe Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of each the Fund representing interests in the Portfolios ("SHARES") as may be issued or sold from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any Fund a Portfolio held or received by such Fund (i) the Portfolio and not delivered to the Custodian, including without limitation any property released, delivered or otherwise removed from the Portfolio's account with the Custodian pursuant to "PROPER INSTRUCTIONS") (iias such term is defined in Section 6 hereof. Upon receipt of Proper Instructions, the Custodian shall on behalf of the applicable Portfolio(s) held in the custody of Chase Manhattan Bank N.A. The Custodian is authorized from time to time employ one or more sub-custodians located within in the United States, provided that but only in accordance with an applicable vote by the Custodian shall have obtained Fund's Board of Trustees or Directors, as appropriate (each, the written acknowledgment of the Fund with respect to such employment"BOARD"). The Custodian is authorized to may employ as sub-custodians located outside custodian for the United States as noted Fund's foreign securities on Schedule behalf of the applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedules A attached and B hereto (as such Schedule A may be amended from time to time)but only in accordance with the applicable provisions of Sections 3 and 4. The Custodian shall have no more or less responsibility or liability to any the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing by the Custodian and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United States.Custodian

Appears in 1 contract

Samples: Custodian Agreement (Davis New York Venture Fund Inc)

Employment of Custodian and Property to be Held by It. Each The Fund hereby employs the Custodian as the custodian of certain the assets of its assetseach Portfolio, including those securities it desires to be held in places within the United States of America (“domestic securities”) and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities”) and all cash or cash equivalents incidental thereto, pursuant to the provisions of the Amended and Restated Agreement Declaration of Trust (“Declaration of Trust”). Each Fund The Fund, on behalf of each Portfolio, agrees to deliver to the Custodian all foreign securities and domestic securities, foreign securities and cash owned by it from time to time, and all payments of income, payments of principal or capital distributions received by it with respect to all foreign and domestic securities held owned by it hereunderthe Fund from time to time, and the cash consideration received by it the Fund for such new or treasury shares of capital stock of each Fund as it may be issued issue or sold sell from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any the Fund held or received by such the Fund (i) and not delivered to the CustodianCustodian or which is delivered in accordance with “Proper Instructions” (within the meaning of Section 6). With respect to uncertificated shares (the “Underlying Shares”) of “investment companies”, or the book-entry identification of those Underlying Shares belonging to a Portfolio on the records of the Custodian will be deemed custody for purposes hereof. Upon receipt of “Proper Instructions” (iiwithin the meaning of Section 6), the Custodian shall on behalf of the applicable Portfolio(s) held in the custody of Chase Manhattan Bank N.A. The Custodian is authorized from time to time employ one or more sub-custodians custodians, located within in the United States, provided that States but only in accordance with an applicable vote by the Custodian shall have obtained the written acknowledgment Board of Trustees of the Fund with respect to such employment. The Custodian is authorized to employ sub-custodians located outside on behalf of the United States as noted on Schedule A attached hereto (as such Schedule A may be amended from time to timeapplicable Portfolio(s). The Custodian may place and maintain each Fund’s foreign securities with foreign banking institution sub-custodians employed by the Custodian and/or foreign securities depositories, all as designated in Schedules A and B hereto, but only in accordance with the applicable provisions of Sections 3 and 4 hereof. The Custodian shall have no more exercise reasonable care in the selection or less responsibility or liability retention, monitoring and continued use of a sub-custodian in light of prevailing rules, terms, regulatory and legal status of a sub-custodian and the practices and procedures in the relevant market. With respect to any Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- custodian has that is an affiliate of the Custodian, Custodian shall be liable to the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing by the Custodian and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch), the Custodian shall not same extent as it would be liable for losses arising from the bankruptcy, insolvency its acts or receivership of any failures to act under this Contract. With respect to sub-custodian located outside custodians that are not affiliated, Custodian shall be liable for its failure to exercise reasonable care in the United Statesselection and monitoring of such entity and to the extent of its own negligence, fraud, bad faith, recklessness or willful misconduct. The engagement of Foreign Sub-Custodians shall be subject to the additional provisions of Section 3 and 4.

Appears in 1 contract

Samples: Custodian Contract (Janus Investment Fund)

Employment of Custodian and Property to be Held by It. Each Fund hereby employs the Custodian as the custodian of certain the assets of its assetsthe Portfolios of the Fund, including those securities it which the Fund, on behalf of the applicable Portfolio desires to be held in places within the United States of America ("domestic securities") and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “"foreign securities"). Each Fund on behalf of its Portfolio(s) agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to timeof such Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities held owned by it hereundersuch Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of each Fund representing interests in its Portfolios ("Shares") as may be issued or sold from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any Fund a Portfolio held or received by such Fund (i) the Portfolio and not delivered to the Custodian, including without limitation any property released, delivered or otherwise removed from such Portfolio's account with the Custodian pursuant to "Proper Instructions" (iias such term is defined in Section 6 hereof). Upon receipt of Proper Instructions, the Custodian shall on behalf of the applicable Portfolio(s) held in the custody of Chase Manhattan Bank N.A. The Custodian is authorized from time to time employ one or more sub-custodians located within in the United States, provided that but only in accordance with an applicable vote by board of directors or the Custodian shall have obtained the written acknowledgment board of trustees of the applicable Fund with respect to such employment(as appropriate and in each case, the "Board"). The Custodian is authorized to may employ as sub-custodians located outside custodian for each Funds foreign securities on behalf of the United States as noted on Schedule applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedules A attached and B hereto (as such Schedule A may be amended from time to time)but only in accordance with the applicable provisions of Sections 3 and 4. The Custodian shall have no more or less responsibility or liability to any the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing Custodian. All duties undertaken by the Custodian will be performed in a timely manner. What constitutes timeliness in connection with a particular action will be determined by the standards of the industry as they apply to the specific type of transaction in question and the applicable Fund. With the exception of State Street Bank taking into account relevant facts and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United Statescircumstances.

Appears in 1 contract

Samples: Master Custodian Agreement (Calvert SAGE Fund)

Employment of Custodian and Property to be Held by It. Each The Fund hereby employs the Custodian as the custodian of certain of its assets, assets including those securities it that the Fund desires to be held in places within the United States of America (“domestic securities”) and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities”). Each The Fund agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to timeit, and all payments of income, payments of principal or capital distributions received by it with respect to all securities held owned by it hereunderfrom time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of each the Fund (“Shares”) as may be issued or sold from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any the Fund held or which is not received by the Custodian or which is delivered out in accordance with Proper Instructions (as such term is defined in Section 6 hereof) including, without limitation, Fund property (i) not delivered to the Custodianheld by Special Sub-Custodians (as such term is defined below), or (ii) held in by entities which have advanced monies to or on behalf of the Fund and which have received Fund property as security for such advance(s) (each a “Pledgee”), or (iii) delivered or otherwise removed from the custody of Chase Manhattan Bank N.A. The the Custodian pursuant to Special Instructions (as such term is authorized defined in Section 6 hereof). Upon receipt of Proper Instructions, the Custodian shall on behalf of the Fund from time to time employ one or more sub-custodians located within in the United States, provided that but only in accordance with an applicable vote by the Custodian shall have obtained the written acknowledgment Board of Trustees of the Fund with respect to such employment(the “Board”). The Custodian is authorized to may employ as sub-custodians located outside custodian for the United States as noted on Schedule Fund’s foreign securities the foreign banking institutions and foreign securities depositories designated in Schedules A attached hereto (as such Schedule A may be amended from time to time)and B hereto, but only in accordance with the applicable provisions of Sections 3 and 4 of this Agreement. The Custodian shall have no more or less responsibility or liability to any the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing by the Custodian and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United StatesCustodian.

Appears in 1 contract

Samples: Custodian Agreement (Nicholas-Applegate International & Premium Strategy Fund)

Employment of Custodian and Property to be Held by It. Each The Fund hereby employs the Custodian as the custodian of certain the assets of its assetsthe Portfolios of the Fund, including those securities it which the Fund, on behalf of the applicable Portfolio, desires to be held in places within the United States of America (“domestic securities”"DOMESTIC SECURITIES") and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign "FOREIGN securities"). Each Fund The Fund, on behalf of the Portfolio(s), agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to timeof the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities held owned by it hereunderthe Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of each the Fund representing interests in the Portfolios ("SHARES") as may be issued or sold from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any Fund a Portfolio held or received by such Fund (i) the Portfolio and not delivered to the Custodian. With respect to uncertificated shares (the "UNDERLYING SHARES") of registered investment companies (hereinafter sometimes referred to as the "UNDERLYING PORTFOLIOS"), or (ii) held the holding of confirmation statements that identify the shares as being recorded in the Custodian's name on behalf of the Fund will be deemed custody for purposes hereof. Upon receipt of Chase Manhattan Bank N.A. The "PROPER INSTRUCTIONS" (as such term is defined in Section 7 hereof), the Custodian is authorized shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians located within in the United States, provided that but only in accordance with an applicable vote by the Custodian shall have obtained the written acknowledgment Board of Trustees of the Fund with respect to such employment(the "BOARD") on behalf of the applicable Portfolio(s). The Custodian is authorized to may employ as sub-custodians located outside custodian for the United States as noted Fund's foreign securities on Schedule behalf of the applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedules A attached hereto (as such Schedule A may be amended from time to time)and B hereto, but only in accordance with the applicable provisions of Sections 3 and 4. The Custodian shall have no more or less responsibility or liability to any the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing by the Custodian and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United StatesCustodian.

Appears in 1 contract

Samples: Custodian Agreement (John Hancock Funds II)

Employment of Custodian and Property to be Held by It. Each Fund hereby employs the Custodian as the custodian of certain assets of its assetssuch Fund, including those securities it which the Fund, on behalf of the applicable Portfolio, desires to be held in places within the United States of America ("domestic securities") and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “"foreign securities"). Each Fund agrees to The Fund, on behalf of the Portfolio(s), has delivered or will deliver to the Custodian all domestic securities, foreign securities and cash owned of the Portfolios (other than any securities or cash of the Portfolios held by it from time a futures commission merchant or commodity clearing organization pursuant to timeRule 17f-6 under the 1940 Act), and all payments of income, payments of principal or capital distributions received by it with respect to all securities held owned by it hereunderthe Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of each the Fund representing interests in the Portfolios ("Shares") as may be issued or sold from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any Fund a Portfolio held or received by such Fund (i) the Portfolio and not delivered to the Custodian. With respect to uncertificated shares (the "Underlying Shares") of registered investment companies (hereinafter sometimes referred to as the "Underlying Portfolios"), or (ii) held the holding of confirmation statements that identify the shares as being recorded in the Custodian's name on behalf of the Portfolio will be deemed custody for purposes hereof. Upon receipt of Chase Manhattan Bank N.A. The "Proper Instructions" (as such term is defined in Section 7 hereof), the Custodian is authorized shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians located within in the United States, provided that but only in accordance with an applicable vote by the Custodian shall have obtained Board of Trustees, Board of Directors, Board of Managers or other governing board, as applicable, of a Fund (the written acknowledgment "Board") on behalf of the Fund with respect to such employmentapplicable Portfolio(s). The Custodian is authorized to may employ as sub-custodians located outside custodian for a Fund's foreign securities on behalf of the United States as noted on Schedule applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedules A attached hereto (as such Schedule A may be amended from time to time)and B hereto, but only in accordance with the applicable provisions of Sections 3 and 4. The Custodian shall have no more or less responsibility or liability to any the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing by the Custodian and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United StatesCustodian.

Appears in 1 contract

Samples: Master Custodian Agreement (Columbia Funds Trust Xi)

Employment of Custodian and Property to be Held by It. Each The Fund hereby employs the Custodian as the custodian of certain the assets of its assetsthe Portfolios of the Fund, including those securities it which the Fund, on behalf of the applicable Portfolio, desires to be held in places within the United States of America (“domestic securities”) and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities”) pursuant to the provisions of the Trust Instrument of the Fund (the “Trust Instrument”). Each The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to timeof the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities held owned by it hereunderthe Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of each the Fund representing interests in the Portfolios (“Shares”) as may be issued or sold from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any Fund a Portfolio held or received by such Fund (i) the Portfolio and not delivered to the Custodian. Upon receipt of “Proper Instructions” (within the meaning of Article 6), or (iithe Custodian shall on behalf of the applicable Portfolio(s) held in the custody of Chase Manhattan Bank N.A. The Custodian is authorized from time to time employ one or more sub-custodians custodians, located within in the United StatesStates but only in accordance with an applicable vote by the Board of Trustees of the Fund on behalf of the applicable Portfolio(s), and provided that the Custodian shall have obtained the written acknowledgment of the Fund with respect to such employment. The Custodian is authorized to employ sub-custodians located outside the United States as noted on Schedule A attached hereto (as such Schedule A may be amended from time to time). The Custodian shall have no more or less responsibility or liability to any the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian and shall Custodian; however, the requirement for a Board vote does not release any apply to the use of a tri-party sub-custodian from any responsibility or liability unless so agreed in writing by the connection with Fund repurchase agreement arrangements. The Custodian and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any may employ as sub-custodian located outside for the United StatesFund’s foreign securities on behalf of the applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedules A and B hereto but only in accordance with the provisions of Articles 3 and 4. For purposes of this Contract, “delivery” of domestic securities or foreign securities shall include the acquisition of a security entitlement (as that term is defined in the Massachusetts Uniform Commercial Code (“MA UCC”)).

Appears in 1 contract

Samples: Custodian Contract (Master Trust)

Employment of Custodian and Property to be Held by It. Each The Fund hereby employs the Custodian as the custodian of certain the assets of its assetseach Portfolio, including those securities it desires to be held in places within the United States of America (“domestic securities”) and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities”) and all cash or cash equivalents incidental thereto, pursuant to the provisions of the Amended and Restated Trust Instrument (“Trust Instrument”). Each Fund The Fund, on behalf of each Portfolio, agrees to deliver to the Custodian all foreign securities and domestic securities, foreign securities and cash owned by it from time to time, and all payments of income, payments of principal or capital distributions received by it with respect to all foreign and domestic securities held owned by it hereunderthe Fund from time to time, and the cash consideration received by it the Fund for such new or treasury shares of capital stock of each Fund as it may be issued issue or sold sell from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any the Fund held or received by such the Fund (i) and not delivered to the CustodianCustodian or which is delivered in accordance with “Proper Instructions” (within the meaning of Section 6). With respect to uncertificated shares (the “Underlying Shares”) of “investment companies”, or the book-entry identification of those Underlying Shares belonging to a Portfolio on the records of the Custodian will be deemed custody for purposes hereof. Upon receipt of “Proper Instructions” (iiwithin the meaning of Section 6), the Custodian shall on behalf of the applicable Portfolio(s) held in the custody of Chase Manhattan Bank N.A. The Custodian is authorized from time to time employ one or more sub-custodians custodians, located within in the United States, provided that States but only in accordance with an applicable vote by the Custodian shall have obtained the written acknowledgment Board of Trustees of the Fund with respect to such employment. The Custodian is authorized to employ sub-custodians located outside on behalf of the United States as noted on Schedule A attached hereto (as such Schedule A may be amended from time to timeapplicable Portfolio(s). The Custodian may place and maintain each Fund’s foreign securities with foreign banking institution sub-custodians employed by the Custodian and/or foreign securities depositories, all as designated in Schedules A and B hereto, but only in accordance with the applicable provisions of Sections 3 and 4 hereof. The Custodian shall have no more exercise reasonable care in the selection or less responsibility or liability retention, monitoring and continued use of a sub-custodian in light of prevailing rules, terms, regulatory and legal status of a sub-custodian and the practices and procedures in the relevant market. With respect to any Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- custodian has that is an affiliate of the Custodian, Custodian shall be liable to the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing by the Custodian and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch), the Custodian shall not same extent as it would be liable for losses arising from the bankruptcy, insolvency its acts or receivership of any failures to act under this Contract. With respect to sub-custodian located outside custodians that are not affiliated, Custodian shall be liable for its failure to exercise reasonable care in the United Statesselection and monitoring of such entity and to the extent of its own negligence, fraud, bad faith, recklessness or willful misconduct. The engagement of Foreign Sub-Custodians shall be subject to the additional provisions of Section 3 and 4.

Appears in 1 contract

Samples: Custodian Contract (Janus Aspen Series)

Employment of Custodian and Property to be Held by It. Each Fund The Trust hereby employs the Custodian as the custodian of certain the assets of its assetsthe Portfolios of the Trust, including those securities it which the Trust, on behalf of the applicable Portfolio desires to be held in places within the United States of America (“domestic securities”) and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities”)) pursuant to the provisions of the Declaration of Trust. Each Fund The Trust on behalf of the Portfolio(s) agrees to deliver to the Custodian all domestic securities, foreign securities and cash owned by it from time to timeof the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities held owned by it hereunderthe Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock of each Fund the Trust representing interests in the Portfolios, (“Shares”) as may be issued or sold from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any Fund a Portfolio held or received by such Fund (i) the Portfolio and not delivered to the Custodian. Upon receipt of “Proper Instructions” (within the meaning of Section 5), or (iithe Custodian shall on behalf of the applicable Portfolio(s) held in the custody of Chase Manhattan Bank N.A. The Custodian is authorized from time to time employ one or more sub-custodians custodians, located within in the United StatesStates but only in accordance with an applicable vote by the Board of Trustees of the Trust on behalf of the applicable Portfolio(s), and provided that the Custodian shall have obtained the written acknowledgment of the Fund with respect to such employment. The Custodian is authorized to employ sub-custodians located outside the United States as noted on Schedule A attached hereto (as such Schedule A may be amended from time to time). The Custodian shall have no more or less responsibility or liability to any Fund the Trust on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian; provided, however, that (a) the Custodian will be liable to the Trust for the Custodian’s own negligence in transmitting any instructions received by it from the Trust and shall not release for the Custodian’s own negligence in connection with the delivery of any securities, cash or other assets held by it to any sub-custodian from and (b) in the event of any responsibility loss, damage or liability unless so agreed in writing expense suffered or incurred by the Trust caused by or resulting from actions or omissions for which the Custodian and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch)would be liable pursuant to this section, the Custodian shall not be liable for losses arising from promptly reimburse the bankruptcy, insolvency or receivership Trust in the amount of any such loss, damage or expense. The Custodian may employ as sub-custodian located outside for the United StatesTrust’s foreign securities on behalf of the applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedule A hereto but only in accordance with the provisions of Section 3. The Trust may instruct the Custodian, through Proper Instructions, to cease the employment of any one or more sub-custodians for maintaining custody of the Trust’s assets, and to cause the prompt delivery of such assets to another sub-custodian acceptable to the Trust and the Custodian.

Appears in 1 contract

Samples: Custodian Contract (Legg Mason Investment Trust)

Employment of Custodian and Property to be Held by It. Each The Fund hereby employs the Custodian as the custodian of certain the assets of its assetsthe Portfolios of the Fund, including those securities it which the Fund, on behalf of the applicable Portfolio desires to be held in places within the United States of America ("domestic securities") and those securities it desires to be held outside the United States of America (the “United States”"foreign securities") which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement provisions of the Charter and (iiBy Laws. The Fund on behalf of the Portfolio(s) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities”). Each Fund agrees to deliver to the Custodian all domestic securities, foreign except for certain securities and related documents evidencing loans to or claims against entities which are acquired by the Fund and are held for it pursuant to a custodial arrangement directly with Herzog, Heine, Geduld,Inc., as to which the Custodian is not expected to have and does not undertake any responsibility, and cash owned by it from time to timeof the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities held owned by it hereunderthe Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of each the Fund representing interests in the Portfolios ("Shares") as may be issued or sold from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any Fund a Portfolio held or received by such Fund (i) the Portfolio and not delivered to the Custodian. Upon receipt of "Proper Instructions" (within the meaning of Article 5), or (iithe Custodian shall on behalf of the applicable Portfolio(s) held in the custody of Chase Manhattan Bank N.A. The Custodian is authorized from time to time employ one or more sub-custodians located within in the United Statesstates, but only in accordance with an applicable vote by the Board of Directors of the Fund, on behalf of the applicable Portfolio(s), and provided that the Custodian shall have obtained the written acknowledgment of the Fund with respect to such employment. The Custodian is authorized to employ sub-custodians located outside the United States as noted on Schedule A attached hereto (as such Schedule A may be amended from time to time). The Custodian shall have no more or less responsibility or liability to any the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- sub-custodian has to the Custodian. The Custodian and shall not release any may employ as sub-custodian from any responsibility or liability unless so agreed in writing by custodians for the Custodian and Fund's foreign securities on behalf of the applicable FundPortfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedule A hereto but only in accordance with the provisions of Article 3. With the exception of State Street Bank and Trust Company (London branch), the Custodian shall not be liable for losses arising from the bankruptcy, insolvency or receivership of any sub-custodian located outside the United States2.

Appears in 1 contract

Samples: Custodian Contract (Franklin Mutual Series Fund Inc)

Employment of Custodian and Property to be Held by It. Each The Fund hereby employs the Custodian as the custodian of certain the assets of its assetseach Portfolio, including those securities it desires to be held in places within the United States of America (“domestic securities”) and those securities it desires to be held outside the United States of America (the “United States”) which are (i) not held on the Funds’ behalf by Chase Manhattan Bank, N.A. pursuant to the Foreign Custodian Agreement and (ii) described with greater particularity in Section 3 hereof (such securities shall be referred to herein as “foreign securities”) and all cash or cash equivalents incidental thereto, pursuant to the provisions of the Fund’s Trust Instrument (“Trust Instrument”). Each Fund The Fund, on behalf of each Portfolio, agrees to deliver to the Custodian all foreign securities and domestic securities, foreign securities and cash owned by it from time to time, and all payments of income, payments of principal or capital distributions received by it with respect to all foreign and domestic securities held owned by it hereunderthe Fund from time to time, and the cash consideration received by it the Fund for such new or treasury shares of capital stock of each Fund as it may be issued issue or sold sell from time to time (“Shares”)time. The Custodian shall not be responsible for any property of any the Fund held or received by such the Fund (i) and not delivered to the CustodianCustodian or which is delivered in accordance with “Proper Instructions” (within the meaning of Section 6). With respect to uncertificated shares (the “Underlying Shares”) of “investment companies,” (as defined in Section 3(a)(1) of the Investment Company Act of 1940) the book-entry identification of those Underlying Shares belonging to a Portfolio on the records of the Custodian will be deemed custody for purposes hereof. Upon receipt of “Proper Instructions” (within the meaning of Section 6), or (iithe Custodian shall on behalf of the applicable Portfolio(s) held in the custody of Chase Manhattan Bank N.A. The Custodian is authorized from time to time employ one or more sub-custodians custodians, located within in the United States, provided that States but only in accordance with an applicable vote by the Custodian shall have obtained the written acknowledgment Board of Trustees of the Fund with respect to such employment. The Custodian is authorized to employ sub-custodians located outside on behalf of the United States as noted on Schedule A attached hereto (as such Schedule A may be amended from time to timeapplicable Portfolio(s). The Custodian may place and maintain each Portfolio’s foreign securities with foreign banking institution sub-custodians employed by the Custodian and/or foreign securities depositories, all as designated in Schedules A and B hereto, but only in accordance with the applicable provisions of Sections 3 and 4 hereof. The Custodian shall have no more exercise reasonable care in the selection or less responsibility or liability retention, monitoring and continued use of a sub-custodian in light of prevailing rules, terms, regulatory and legal status of a sub-custodian and the practices and procedures in the relevant market. With respect to any Fund on account of any actions or omissions of any sub-custodian so employed than any such sub- custodian has that is an affiliate of the Custodian, Custodian shall be liable to the Custodian and shall not release any sub-custodian from any responsibility or liability unless so agreed in writing by the Custodian and the applicable Fund. With the exception of State Street Bank and Trust Company (London branch), the Custodian shall not same extent as it would be liable for losses arising from the bankruptcy, insolvency its acts or receivership of any failures to act under this Contract. With respect to sub-custodian located outside custodians that are not affiliated with the United StatesCustodian, Custodian shall be liable for its failure to exercise reasonable care in the selection and monitoring of such entity and to the extent of its own negligence, fraud, bad faith, recklessness or willful misconduct. The engagement of Foreign Sub-Custodians shall be subject to the additional provisions of Section 3 and 4.

Appears in 1 contract

Samples: Custodian Contract (Clayton Street Trust)

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