Common use of Error Correction Clause in Contracts

Error Correction. If an error results from an act or omission of the Custodian in performing the services under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances, which may include effecting corrective transactions involving the Client’s assets, where and to the extent reasonably necessary to place the Client in the position (or its equivalent) it would have been had the error not occurred. The Custodian will be responsible for Losses arising from its errors in accordance with the terms of this Agreement and will be entitled to retain gains arising from its errors or related remedial actions unless otherwise prohibited by Law. Where an error results in a series of related Losses and gains, the Custodian will be entitled to net gains against Losses when permitted by L▇▇. The Custodian will have no duty to notify or account to the Client for any Loss or gain associated with an error it has fully remediated. Information Classification: Limited Access 19 Limits on the Scope of the Services

Appears in 2 contracts

Sources: Custody Agreement (Shelton Funds), Custody Agreement (SCM Trust)

Error Correction. If an error results from an act or omission of the Custodian in performing the services under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances, which may include effecting corrective transactions involving the ClientTrust’s assets, where and to the extent reasonably necessary to place the Client Trust in the position (or its equivalent) it would have been had the error not occurred. The Custodian will be responsible for Losses arising from its errors in accordance with the terms of this Agreement and will be entitled to retain gains arising from its errors or related remedial actions unless otherwise prohibited by Law. Where an error results in a series of related Losses and gains, the Custodian will be entitled to net gains against Losses when permitted by L▇▇▇. The Custodian will have no duty to notify or account to the Client Trust for any Loss or gain associated with an error it has fully remediated. Information Classification: Limited Access 19 Limits on the Scope of the Services11 GCA.US40ACT.20210617

Appears in 2 contracts

Sources: Custody Agreement (Litman Gregory Funds Trust), Custody Agreement (Litman Gregory Funds Trust)

Error Correction. If an error results from an act or omission of the Custodian in performing the services under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances, which may include effecting corrective transactions involving the Client’s assets, where and to the extent reasonably necessary to place the Client in the position (or its equivalent) it would have been had the error not occurred. The Custodian will be responsible for Losses arising from its errors in accordance with the terms of this Agreement and will be entitled to retain gains arising from its errors or related remedial actions unless otherwise prohibited by Law. Where an error results in a series of related Losses and gains, the Custodian will be entitled to net gains against Losses when permitted by L▇▇. The Custodian will have no duty to notify or account to the Client for any Loss or gain associated with an error it has fully remediated. Information Classification: Limited Access 19 Limits on the Scope of the Services12

Appears in 2 contracts

Sources: Custody Agreement (SCM Trust), Custody Agreement (2023 ETF Series Trust II)

Error Correction. If an error results from an act or omission of the Custodian in performing the services under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances, which may include effecting corrective transactions involving the Client’s assets, where and to the extent reasonably necessary to place the Client in the position (or its equivalent) it would have been had the error not occurred. The Custodian will be responsible for Losses arising from its errors in accordance with the terms of this Agreement and will be entitled to retain gains arising from its errors or related remedial actions unless otherwise prohibited by Law. Where an error results in a series of related Losses and gains, the Custodian will be entitled to net gains against Losses when permitted by L▇▇▇. The Custodian will have no duty to notify or account to the Client for any Loss or gain associated with an error it has fully remediated. Information Classification: Limited Access 19 Limits on the Scope of the Services10

Appears in 1 contract

Sources: Custody Agreement (Cotwo Advisors Physical European Carbon Allowance Trust)

Error Correction. If an error results from an act or omission of the Custodian in performing the services under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances, which may include effecting corrective transactions involving the Client’s assets, where and to the extent reasonably necessary to place the Client in the position (or its equivalent) it would have been had the error not occurred. The Custodian will be responsible for Losses arising from its errors in accordance with the terms of this Agreement and will be entitled to retain gains arising from its errors or related remedial actions unless otherwise prohibited by Law. Where an error results in a series of related Losses and gains, the Custodian will be entitled to net gains against Losses when permitted by L▇▇. The Custodian will have no duty to shall notify or account to the Client for within a reasonable time of any material Loss or gain associated with an error it has fully remediated. Information Classification: Limited Access 19 Limits on the Scope of the Services

Appears in 1 contract

Sources: Custody Agreement (Oha Direct Credit Fund)

Error Correction. If an error results from an act or omission of the Custodian in performing the services under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances, which may include effecting corrective transactions involving the Client’s assets, where and to the extent reasonably necessary to place the Client in the position (or its equivalent) it would have been had the error not occurred. The Custodian will be responsible for Losses arising from its errors in accordance with the terms of this Agreement and will be entitled to retain gains arising from its errors or related remedial actions unless otherwise prohibited by Law. Where an error results in a series of related Losses and gains, the Custodian will be entitled to net gains against Losses when permitted by L▇▇. The Custodian will have no duty to notify or account to the Client for any Loss or gain associated with an error it has fully remediated. Information Classification: Limited Access 19 Limits on the Scope of the ServicesAccess

Appears in 1 contract

Sources: Custody Agreement (Spend Life Wisely Funds Investment Trust)

Error Correction. If an error results from an act or omission of the Custodian in performing the services under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances, which may include effecting corrective transactions involving the Client’s assets, where and to the extent reasonably necessary to place the Client in the position (or its equivalent) it would have been had the error not occurred. The Custodian will be responsible for Losses arising from its errors in accordance with the terms of this Agreement and will be entitled to retain gains arising from its errors or related remedial actions unless otherwise prohibited by Law. Where an error results in a series of related Losses and gains, the Custodian will be entitled to net gains against Losses when permitted by L▇▇▇. The Custodian will have no duty to notify or account to the tothe Client for any Loss or gain associated with an error it has fully remediated. Information Classification: Limited Access 19 Limits on the Scope of the Services11

Appears in 1 contract

Sources: Custody Agreement (Russell Investments New Economy Infrastructure Fund)