Common use of Liability of Foreign Sub-Custodians Clause in Contracts

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, State Street from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's performance of such obligations. At Fund's election, the Portfolios shall be entitled to be subrogated to the rights of State Street with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 21 contracts

Samples: Custody Agreement (Dividend & Income Fund, Inc.), Custodian Agreement (Gold Prospector Funds), Custodian and Investment Accounting Agreement (Ing Senior Income Fund)

AutoNDA by SimpleDocs

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, State Street from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's performance of such obligations. At the Fund's election, the Portfolios shall be entitled to be subrogated to the rights of State Street with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 14 contracts

Samples: Custodian Agreement (Security Equity Fund), Custodian Agreement (Security Equity Fund), Dividend Capital Realty Income Allocation Fund

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, shall require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, State Street the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's ’s performance of such obligations. At a Fund's ’s election, the Portfolios shall be entitled to be subrogated to the rights of State Street the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 9 contracts

Samples: Master Custodian Agreement (Calamos Convertible & High Income Fund), Master Custodian Agreement (Calamos Long/Short Equity & Income 2028 Term Trust), Master Custodian Agreement (Calamos ETF Trust)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, shall require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, State Street harmless the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's performance of such obligations. At Fundthe Client's election, the Portfolios Client shall be entitled to be subrogated to the rights of State Street the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Portfolios Client have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 4 contracts

Samples: Custody Agreement (Lincoln National Equity Income Fund Inc), Custody Agreement (Lincoln National Aggressive Growth Fund Inc), Custody Agreement (Lincoln National Capital Appreciation Fund Inc)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, State Street from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's ’s performance of such obligations. At Fund's ’s election, the Portfolios shall be entitled to be subrogated to the rights of State Street with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 4 contracts

Samples: Custodian and Investment Accounting Agreement (Wells Fargo Funds Trust), Custodian and Investment Accounting Agreement (Ing Funds Trust), Custodian and Investment Accounting Agreement (Voya FUNDS TRUST)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, State Street the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's ’s performance of such obligations. At Fund's election, the Portfolios Each Fund shall be entitled to be subrogated to the rights of State Street the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Portfolios have such Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 2 contracts

Samples: Master Custodian Agreement (Ironwood Institutional Multi-Strategy Fund LLC), Master Custodian Agreement (Ironwood Multi-Strategy Fund LLC)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street employs a Foreign Sub-Custodian shallwill, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, duties and to indemnify, and hold harmless, State Street from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's ’s performance of such obligationsduties. At Fund's electionthe election of PIMCO, the Portfolios shall each Portfolio will be entitled to be subrogated to the rights of State Street with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if if, and to the extent that the Portfolios have that, such Portfolio has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 2 contracts

Samples: Custody and Investment Accounting Agreement (PIMCO ETF Trust), Custody and Investment Accounting Agreement (PIMCO Equity Series)

Liability of Foreign Sub-Custodians. Each agreement pursuant ----------------------------------- to which State Street employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, State Street from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's performance of such obligations. At Fund's election, the Portfolios shall be entitled to be subrogated to the rights of State Street with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Custodian Agreement (Levco Series Trust)

AutoNDA by SimpleDocs

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, State Street from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's ’s performance of such obligations. At the Fund's ’s election, the Portfolios shall be entitled to be subrogated to the rights of State Street with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Accounting and Data Access Agreement (Homestead Funds Inc)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Sub- Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, State Street from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's performance of such obligations. At the Fund's election, the Portfolios shall be entitled to be subrogated to the rights of State Street with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Custody Agreement (Firsthand Funds)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, indemnify and hold harmless, State Street the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's performance of such obligations. At Fund's election, the The Portfolios shall be entitled to be subrogated to the rights of State Street the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Custodian Agreement (Spectra Fund)

Liability of Foreign Sub-Custodians. Each agreement pursuant ----------------------------------- to which State Street employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, State Street from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's performance of such obligations. At the Fund's election, the Portfolios shall be entitled to be subrogated to the rights of State Street with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Access Agreement (Strong Common Stock Fund Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.