Common use of Gains Clause in Contracts

Gains. Where an error or omission has occurred under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances and, provided that the Customer is put in the same or equivalent position as it would have been in if the error or omission had not occurred, any favorable consequences of the Custodian’s remedial action shall be solely for the account of the Custodian, without any duty to report to the Customer any loss assumed or benefit received by it as a result of taking such action.

Appears in 2 contracts

Samples: Custody Agreement (1WS Credit Income Fund), Custody Agreement (Axonic Alternative Income Fund)

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Gains. Where an error or omission has occurred under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances and, provided that the Customer Client is put in the same or equivalent position as it would have been in if the error or omission had not occurred, any favorable consequences of the Custodian’s remedial action shall be solely for the account of the Custodian, without any duty to report to the Customer Client any loss assumed or benefit received by it as a result of taking such action.

Appears in 1 contract

Samples: Custody Agreement (BlackRock Funds IV)

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Gains. Where an error or omission has occurred under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances and, provided that the Customer Client is put in the same or equivalent position as it would have been in if the error or omission had not occurred, any favorable consequences of the Custodian’s remedial action shall be solely for the account of the Custodian, without any duty to report to the Customer Client any loss assumed or benefit received by it as a result of taking such action.

Appears in 1 contract

Samples: Custody Agreement (Oaktree Strategic Credit Fund)

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