Common use of Failure of Third Parties Clause in Contracts

Failure of Third Parties. The failure of any third party excluding subcustodians, but including: (a) any issuer of Investments or book-entry or other agent of any issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, third-party Foreign Custody Manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Appears in 8 contracts

Samples: Custody Agreement (Pilgrim Mutual Funds), Custodian Agreement (Ing Variable Insurance Trust), Form of Custodian Agreement (Ing Funds Trust)

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Failure of Third Parties. The failure of any third party excluding subcustodians, but (except as expressly provided in Section 8.6 in respect of Subcustodians and Section 6.17 in respect of Agents) including: (a) any issuer of Investments or bookBook-entry Entry Agent or other agent of any an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, third-third party Foreign Custody Manager foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Appears in 4 contracts

Samples: Form of Custodian Agreement (Investment Managers Series Trust), Form of Custodian Agreement (Investment Managers Series Trust), Custodian Agreement (Investment Managers Series Trust II)

Failure of Third Parties. The failure of any third party (excluding subcustodians, but Subcustodians) including: (a) any issuer of Investments or book-entry or other agent of any and issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, third-party Foreign Custody Manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Appears in 3 contracts

Samples: Custodian Agreement (Schwab Investments), Custodian Agreement (Schwab Capital Trust), Custodian Agreement (Schwab Annuity Portfolios)

Failure of Third Parties. The failure of any third party excluding subcustodians(other than a Subcustodian or Agent, but the Custodian’s responsibility for which is expressly covered under other terms of this Agreement) hereunder including: (a) any issuer of Investments or bookBook-entry Entry Agent or other agent of any an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, third-party Foreign Custody Manager foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Appears in 1 contract

Samples: Custodian Agreement (Esoterica Thematic ETF Trust)

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Failure of Third Parties. The failure of any third party excluding subcustodians(other than a Subcustodian or Agent, but the Custodian’s responsibility for which is expressly covered under other terms of this Agreement) including: (a) any issuer of Investments or bookBook-entry Entry Agent or other agent of any an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, third-third party Foreign Custody Manager foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Appears in 1 contract

Samples: Custodian Agreement (AIM ETF Products Trust)

Failure of Third Parties. The failure of any third party excluding subcustodians(other than a Subcustodian or Agent, but the Custodian’s responsibility for which is expressly covered under other terms of this Agreement) hereunder, including: (a) any issuer of Investments or bookBook-entry Entry Agent or other agent of any an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, third-a third party Foreign Custody Manager foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Appears in 1 contract

Samples: Custodian Agreement (Pgim Etf Trust)

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