Common use of Eurodollar CDs Clause in Contracts

Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch"), provided that such Securities are identified on the books of the Bank as belonging to the Fund and that the books of the Bank identify the European Branch holding such Securities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7, the Bank shall be under no other duty with respect to such Eurodollar CDs belonging to the Fund, and shall have no liability to the Fund or its shareholders with respect to the actions, inactions, whether negligent or otherwise of such European Branch in connection with such Eurodollar CDs, except for any loss or damage to the Fund resulting from the Bank's own gross negligence, willful misfeasance or bad faith in the performance of its duties hereunder.

Appears in 13 contracts

Samples: Master Custodian Agreement (Standish Ayer & Wood Investment Trust), Master Custodian Agreement (Standish Ayer & Wood Investment Trust), Custodian Agreement (Guinness Flight Investment Funds)

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Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch"), provided that such Securities are identified on the books of the Bank as belonging to the Fund and that the books of the Bank identify the European Branch holding such Securities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7, the Bank shall be under no other duty with respect to such Eurodollar CDs belonging to the Fund, and shall have no liability to the Fund or its shareholders with respect to the actions, inactions, whether negligent or otherwise of such European Branch in connection with such Eurodollar CDs, except for any loss or damage to the Fund resulting from the Bank's own gross negligence, willful misfeasance or bad faith in the performance of its duties hereunder.

Appears in 5 contracts

Samples: Custodian Agreement (Salomon Brothers Opportunity Fund Inc), Custodian Agreement (BJB Investment Funds), Custodian Agreement (Bull & Bear Funds Ii Inc)

Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch"), provided that such Securities are identified on the books of the Bank as belonging to a Portfolio of the Fund Trust and that the books of the Bank identify the European Branch holding such Securitiessecurities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7, the Bank shall be under no other duty with respect to such Eurodollar CDs belonging to the FundPortfolio, and shall have no liability to the Fund Portfolio or its shareholders with respect to the actions, inactions, whether negligent or otherwise of such European Branch in connection with such Eurodollar CDs, except for any loss or of damage to the Fund Portfolio resulting from the Bank's own gross negligence, willful misfeasance or bad faith in the performance of its duties hereunder.

Appears in 2 contracts

Samples: Custodian Agreement (Select Advisors Trust C), Custodian Agreement (Select Advisors Variable Insurance Trust)

Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch"), provided that such Securities are identified on the books of the Bank as belonging to the Fund and that the books of the Bank identify the European Branch holding such Securities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7, the Bank shall be under no other duty with respect to such Eurodollar CDs belonging to the Fund, and shall have no liability to the Fund or its shareholders with respect to the actions, actions or inactions, whether negligent or otherwise otherwise, of such European Branch in connection with such Eurodollar CDs, except for any loss or damage to the Fund resulting from the Bank's own gross negligence, willful misfeasance or bad faith in the performance of its duties hereunder.

Appears in 2 contracts

Samples: Custodian Agreement (Republic Funds), Custodian Agreement (Republic Advisor Funds Trust)

Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch"), provided that such Securities are identified on the books of the Bank as belonging to the Fund Company and that the books of the Bank identify the European Branch holding such Securities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7, the Bank shall be under no other duty with respect to such Eurodollar CDs belonging to the FundCompany, and shall have no liability to the Fund Company or its shareholders with respect to the actions, inactions, whether negligent or otherwise of such European Branch in connection with such Eurodollar CDs, except for any loss or damage to the Fund Company resulting from the Bank's own gross negligence, willful misfeasance or bad faith in the performance of its duties hereunder.

Appears in 2 contracts

Samples: Custodian Agreement (Atlas Funds), Custodian Agreement (Atlas Insurance Trust)

Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch"), provided that such Securities are identified on the books of the Bank as belonging to the Fund and that the books of the Bank identify the European Branch holding such Securities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7, the Bank shall be under no other duty with respect to such Eurodollar CDs belonging to the Fund, and shall have no liability to the Fund or its shareholders with respect to the actions, inactions, whether negligent or otherwise of such European Branch in connection with such Eurodollar CDs, except for any loss or damage to the Fund resulting from the Bank's own gross negligence, willful wilful misfeasance or bad faith in the performance of its duties hereunder.

Appears in 1 contract

Samples: Custodian Agreement (Herzfeld Caribbean Basin Fund Inc)

Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch"), provided that such Securities are identified on the books of the Bank as belonging to the Fund Trust and that the books of the Bank identify the European Branch holding such Securities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7, the Bank shall be under no other duty with respect to such Eurodollar CDs belonging to the FundTrust, and shall have no liability to the Fund Trust or its shareholders with respect to the actions, inactions, whether negligent or otherwise of such European Branch in connection with such Eurodollar CDs, except for any loss or damage to the Fund Trust resulting from the Bank's own gross negligence, willful misfeasance or bad faith in the performance of its duties hereunder.

Appears in 1 contract

Samples: Custodian Agreement (Green Century Funds)

Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs --------------- may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch"), provided that such Securities are identified on the books of the Bank as belonging to the Fund and that the books of the Bank identify the European Branch holding such Securities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7, the Bank shall be under no other duty with respect to such Eurodollar CDs belonging to the Fund, and shall have no liability to the Fund or its shareholders with respect to the actions, inactions, whether negligent or otherwise of such European Branch in connection with such Eurodollar CDs, except for any loss or damage to the Fund resulting from the Bank's own gross negligence, willful misfeasance or bad faith in the performance of its duties hereunder.

Appears in 1 contract

Samples: Custodian Agreement (M Fund Inc)

Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch")) pursuant to Proper Instructions, provided that such Securities are identified on the books of the Bank as belonging to the Fund and that the books of the Bank identify the European Branch holding such Securities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7, the Bank shall be under no other duty with respect to such Eurodollar CDs belonging to the Fund, and shall have no liability to the Fund or its shareholders with respect to the actions, inactionsin action's, whether negligent or otherwise of such European Branch in connection with such Eurodollar CDs, except for any loss or damage to the Fund resulting from the Bank's own gross negligence, willful misfeasance or bad faith in the performance of its duties hereunder.

Appears in 1 contract

Samples: Custodian Agreement (WRL Series Fund Inc)

Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch"), provided that such Securities are identified on the books of the Bank as belonging to the Fund and that the books of the Bank identify the European Branch holding such Securities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7, the Bank shall be under no other duty with respect to such Eurodollar CDs belonging to the Fund, and shall have no liability to the Fund or its shareholders investors with respect to the actions, inactions, whether negligent or otherwise of such European Branch in connection with such Eurodollar CDs, except for any loss or of damage to the Fund resulting from the Bank's own gross negligence, willful misfeasance or bad faith misconduct in the performance of its duties hereunder.

Appears in 1 contract

Samples: Custodian Agreement (Asset Allocation Portfolios)

Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch"), provided that such Securities are identified on the books of the Bank as belonging to a Series of the Fund and that the books of the Bank identify the European Branch holding such Securities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7, the Bank shall be under no other duty with respect to such Eurodollar CDs belonging to the Fund, and shall have no liability to the Fund or its shareholders with respect to the actions, inactions, whether negligent or otherwise of such European Branch in connection with such Eurodollar CDs, except for any loss or damage to the Fund resulting from the Bank's own gross negligence, willful misfeasance or bad faith in the performance of its duties hereunder.

Appears in 1 contract

Samples: Custodian Agreement (Ubs Private Investor Funds Inc)

Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch")) pursuant to Proper Instructions, provided that such Securities are identified on the books of the Bank as belonging to the Fund and that the books of the Bank identify the European Branch holding such Securities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7, the Bank shall be under no other duty with respect to such Eurodollar CDs belonging to the Fund, and shall have no liability to the Fund or its shareholders with respect to the actions, inactions, whether negligent or otherwise of such European Branch in connection with such Eurodollar CDs, except for any loss or damage to the Fund resulting from the Bank's own gross negligence, willful misfeasance or bad faith in the performance of its duties hereunder.

Appears in 1 contract

Samples: Custodian Agreement (WRL Series Fund Inc)

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Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch"), provided that such Securities are identified on the books of the Bank as belonging to the Fund and that the books of the Bank identify the European Branch holding such Securities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7, the Bank shall be under no other duty with respect to such Eurodollar CDs belonging to the Fund, and shall have no liability to the Fund or its shareholders Members with respect to the actions, inactions, whether negligent or otherwise of such European Branch in connection with such Eurodollar CDs, except for any loss or damage to the Fund resulting from the Bank's ’s own gross negligence, willful misfeasance or bad faith in the performance of its duties hereunder.

Appears in 1 contract

Samples: Custodian Agreement (HSBC Absolute Return Portolio LLC)

Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch"), provided that such Securities are identified on the books of the Bank as belonging to the Fund and that the books of the Bank identify the European Branch holding such Securities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7, the Bank shall be under no other duty with respect to such Eurodollar CDs CDS belonging to the Fund, and shall have no liability to the Fund or its shareholders with respect to the actions, inactions, whether negligent or otherwise of such European Branch in connection with such Eurodollar CDs, except for any loss or damage to the Fund resulting from the Bank's own gross negligence, willful wilful misfeasance or bad faith misconduct in the performance of its duties or negligent disregard of its obligations and duties hereunder.

Appears in 1 contract

Samples: Custodian Agreement (Central Europe & Russia Fund Inc)

Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch"), provided that such Securities are identified on the books of the Bank as belonging to a Series of the Fund Trust and that the books of the Bank identify the European Branch holding such Securities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7, the Bank shall be under no other duty with respect to such Eurodollar CDs belonging to the FundTrust, and shall have no liability to the Fund Trust or its shareholders with respect to the actions, inactions, whether negligent or otherwise of such European Branch in connection with such Eurodollar CDs, except for any loss or damage to the Fund Trust resulting from the Bank's own gross negligence, willful misfeasance or bad faith in the performance of its duties hereunder.

Appears in 1 contract

Samples: Custodian Agreement (Ubs Investor Portfolios Tr)

Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs --------------- may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch"), provided that such Securities are identified on the books of the Bank as belonging to the Fund Trust and that the books of the Bank identify the European Branch holding such Securities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7, the Bank shall be under no other duty with respect to such Eurodollar CDs belonging to the FundTrust, and shall have no liability to the Fund Trust or its shareholders with respect to the actions, inactions, whether negligent or otherwise of such European Branch in connection with such Eurodollar CDs, except for any loss or damage to the Fund Trust resulting from the Bank's own gross negligence, willful misfeasance or bad faith in the performance performance, of its duties hereunder.

Appears in 1 contract

Samples: Custodian Agreement (Massmutual Institutional Funds)

Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs belonging to the Fund may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch"), provided that such Securities securities are identified on the books of the Bank as belonging to the Fund and that the books of the Bank identify the European Branch branch holding such Securitiessecurities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7subparagraph (e), the Bank shall be under no other duty with respect to such Eurodollar CDs belonging to the Fund, and shall have no liability to the Fund or its shareholders with respect to the actions, inactions, whether negligent or otherwise of such European Branch in connection with such Eurodollar CDs, except for any loss or damage to the Fund resulting from the Bank's own gross negligence, willful wilful misfeasance or bad faith in the performance of its duties hereunder.

Appears in 1 contract

Samples: Custodian Agreement (MFS Variable Insurance Trust)

Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs belonging to the Fund may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch"), provided that such Securities securities are identified on the books of the Bank as belonging to the Fund and that the books of the Bank identify the European Branch branch holding such Securitiessecurities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7subparagraph (e), the Bank shall be under no other duty with respect to such Eurodollar CDs belonging to the Fund, and shall have no liability to the Fund or its shareholders with respect to the actions, inactions, whether negligent or otherwise of such European Branch in connection with such Eurodollar CDs, except for any loss or damage to the Fund resulting from the Bank's own gross negligence, willful misfeasance or bad faith in the performance of its duties hereunder.

Appears in 1 contract

Samples: Custodian Agreement (MFS Series Trust V)

Eurodollar CDs. Any Portfolio Securities which are Eurodollar CDs belonging to the Fund may be physically held by the European branch of the U.S. banking institution that is the issuer of such Eurodollar CD (a "European Branch"), provided that such Securities securities are identified on the books of the Bank as belonging to the Fund and that the books of the Bank identify the European Branch branch holding such Securitiessecurities. Notwithstanding any other provision of this Agreement to the contrary, except as stated in the first sentence of this subsection 6.7subparagraph (e), the Bank shall be under no other duty with respect to such Eurodollar CDs belonging to the Fund, and shall have no liability to the Fund or its shareholders with respect to the actions, inactions, whether negligent or otherwise of such European Branch in connection with such Eurodollar CDs, . except for any loss or damage to the Fund resulting from the Bank's own gross negligence, willful misfeasance or bad faith in the performance of its duties hereunder.

Appears in 1 contract

Samples: Custodian Agreement (MFS Series Trust I)

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