Common use of Replacement of Lost Investments Clause in Contracts

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.

Appears in 101 contracts

Samples: Custodian Agreement (United States Heating Oil Fund, LP), Custodian Agreement (United States Commodity Index Funds Trust), Custodian Agreement (United States Short Oil Fund, LP)

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Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other lesser amount as shall be agreed by the parties as the date for settlementparties.

Appears in 56 contracts

Samples: Custodian Agreement (Northern Lights Fund Trust IV), Custodian Agreement (Segall Bryant & Hamill Trust), Custodian Agreement (Nicholas-Applegate Equity & Convertible Income Fund)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall promptly replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.

Appears in 55 contracts

Samples: Country Subcustodian Depositories (Vanguard Whitehall Funds), Country Subcustodian Depositories (Vanguard Windsor Funds), Custodian Agreement (Vanguard Institutional Index Funds)

Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, loss or such other lesser amount as shall be agreed by the parties as the date for settlementparties.

Appears in 17 contracts

Samples: Funds Transfer Services Agreement (SEI Exchange Traded Funds), Funds Transfer Services Agreement (Fpa Funds Trust), Funds Transfer Services Agreement (Valued Advisers Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the applicable Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, loss or, if less, such other amount as shall be agreed by the parties as the date for settlement.

Appears in 12 contracts

Samples: Custodian Agreement (Sei Institutional Investments Trust), Agreement (Adviser Managed Trust), Custodian Agreement (Sei Institutional Managed Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund affected Portfolio the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, loss or such other lesser amount as shall be agreed by the parties as the date for settlementparties.

Appears in 12 contracts

Samples: Custodian Agreement (Investment Managers Series Trust II), Custodian and Transfer Agent Agreement (Northern Lights Fund Trust Iii), Custodian and Transfer Agent Agreement (Unified Series Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund Trust the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.

Appears in 10 contracts

Samples: Custodian Agreement (59 Wall Street Trust), Custodian Agreement (Lexington Global Income Fund), Custodian Agreement (BBH High Yield Fixed Income Portfolio)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other lesser amount as shall be agreed by the parties as the date for settlementparties.

Appears in 9 contracts

Samples: Custodian Agreement (Advisors' Inner Circle Fund II), Funds Transfer Services Agreement (Catholic Responsible Investments Funds), Custodian Agreement (SEI Catholic Values Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund affected Portfolio the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, loss or such other amount as shall be agreed by the parties as the date for settlementparties.

Appears in 8 contracts

Samples: Custodian and Transfer Agent Agreement (Cambria ETF Trust), Custodian Agreement (Pgim Etf Trust), Custodian and Transfer Agent Agreement (Metaurus Equity Component Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the affected Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, loss or such other lesser amount as shall be agreed by the parties as the date for settlementparties.

Appears in 7 contracts

Samples: Custodian and Transfer Agent Agreement (Pointbreak ETF Trust), Custodian and Transfer Agent Agreement (Pointbreak ETF Trust), Custodian and Transfer Agent Agreement (Pointbreak ETF Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a the claim was first made is paid to the Custodian Fund with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.

Appears in 4 contracts

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

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.for

Appears in 3 contracts

Samples: Custodian Agreement (Aetna Variable Portfolios Inc), Custodian Agreement (Hotchkis & Wiley Funds /De/), Custodian Agreement (Pilgrim Variable Products Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, loss or, if less, such other amount as shall be agreed by the parties as the date for settlement.

Appears in 3 contracts

Samples: Custodian Agreement (SEI Structured Credit Fund, LP), Custodian Agreement (RidgeWorth Funds), Custodian Agreement (Sti Classic Variable Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund affected Portfolio the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other amount as shall be agreed by the parties as the date for settlementparties.

Appears in 3 contracts

Samples: Custodian Agreement (James Alpha Funds Trust), Custodian Agreement (AIM ETF Products Trust), Custodian Agreement (James Alpha Funds Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall promptly replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the greater of the last available price as of the close of business in the relevant market or the price at which the Investment is fair valued according to the Fund’s approved procedures on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.

Appears in 2 contracts

Samples: Custodian Agreement (PowerShares India Exchange-Traded Fund Trust), Form of Custodian Agreement (PowerShares India Exchange-Traded Fund Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall promptly (a) report such loss to the Fund and (b)(i) replace such Investment, Investment or (ii) in the event that such replacement cannot be effected, the Custodian shall pay to the Fund an amount equal to the fair market value of the Fund would assign such Investment based on investment in determining the last available price as of the close of business in the relevant market Fund's net asset value on the date that a claim was first made to the Custodian with respect to of such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlementpayment.

Appears in 2 contracts

Samples: Form of Custodian Agreement (Aetna Series Fund Inc), Custodian Agreement (Aetna Series Fund Inc)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such InvestmentInvestment at current market values, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.

Appears in 2 contracts

Samples: Form of Custodian Agreement (ProShares Trust II), Form of Custodian Agreement (ProShares Trust II)

Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other lesser amount as shall be agreed by the parties as the date for settlementFund in its commercially reasonable determination.

Appears in 2 contracts

Samples: Custodian Agreement (Cullen Funds Trust), Custodian Agreement (Cullen Funds Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other or amount as shall be agreed by the parties as the date for settlement.

Appears in 2 contracts

Samples: Custodian Agreement (Shelton Greater China Fund), Custodian Agreement (Taiwan Greater China Fund)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price shall, as of the close of business in the relevant market on the date that a claim was first made to soon as practicable after the Custodian with respect to first becomes aware of such loss, or, if less, such other credit to the Fund's account an amount equal to the Market Value of the lost Investments determined as shall be agreed by the parties as of (i) the date for settlement.on which the Custodian first becomes

Appears in 2 contracts

Samples: Custodian Agreement (Janus Adviser), Custodian Agreement (Janus Adviser)

Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other amount as shall be agreed by the parties as the date for settlementparties.

Appears in 2 contracts

Samples: Custodian Agreement (Burnham Investors Trust), Custodian Agreement (Esoterica Thematic ETF Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the applicable Fund or Company the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, loss or, if less, such other amount as shall be agreed by the parties as the date for settlement.

Appears in 2 contracts

Samples: Custodian Agreement (Sei Institutional Managed Trust), Custodian Agreement (Sei Institutional Investments Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other amount as shall be agreed by the parties as the date for settlement.

Appears in 2 contracts

Samples: Conforming Custodian Agreement (GMO Series Trust), Exhibit 1 Custodian Agreement (Gmo Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund applicable Portfolios the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, loss or such other lesser amount as shall be agreed by the parties as the date for settlementparties.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (Zacks Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such lossof replacement, or, if less, or such other lesser amount as shall be agreed by the parties as the date for settlementparties.

Appears in 1 contract

Samples: Custodian Agreement (Stone Ridge Trust)

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Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund Trust the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other lesser amount as shall be agreed by the parties as the date for settlementparties.

Appears in 1 contract

Samples: Custodian Agreement (Matthews International Funds)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund Portfolio the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.

Appears in 1 contract

Samples: Custodian Agreement (Dow Jones Islamic Market Index Portfolio)

Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund Company the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to of such loss, or, if less, such other lesser amount as shall be agreed by the parties as the date for settlementparties.

Appears in 1 contract

Samples: Custodian Agreement (AirShares(TM) EU Carbon Allowances Fund)

Replacement of Lost Investments. In the event of a loss of any Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the applicable Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.

Appears in 1 contract

Samples: Custody Agreement (Brookshire Raw Materials (U.S.) Energy USD Fund)

Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the each Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other lesser amount as shall be agreed by the parties as the date for settlementparties.

Appears in 1 contract

Samples: Custodian Agreement (Riverpark Funds Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund Trust the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other amount as shall be agreed by the parties as the date for settlementparties.

Appears in 1 contract

Samples: Custodian Agreement (NuShares ETF Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the applicable Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other lesser amount as shall be agreed by the parties as the date for settlementparties.

Appears in 1 contract

Samples: Custodian Agreement (CSOP ETF Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall promptly replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement. 6.

Appears in 1 contract

Samples: Custodian Agreement (Vanguard Index Funds)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties parti es as the date for settlement.

Appears in 1 contract

Samples: Custodian Agreement (World Funds Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund Company the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed to by the parties as of the date for settlement.

Appears in 1 contract

Samples: Custodian Agreement (Matthews a Share Selections Fund, LLC)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, . if less, such other amount as shall be agreed by the parties as the date for settlement.

Appears in 1 contract

Samples: Custodian Agreement (Ameristock ETF Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the affected Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other lesser amount as shall be agreed by the parties as the date for settlementparties.

Appears in 1 contract

Samples: Funds Transfer Services Agreement (Capitol Series Trust)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.

Appears in 1 contract

Samples: Custodian Agreement (World Funds Inc /Md/)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the applicable Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.

Appears in 1 contract

Samples: Custody Agreement (Brookshire Raw Materials (U.S.) Metals CDN Fund)

Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, oror , if less, such other amount as shall be agreed by the parties as the date for settlement.

Appears in 1 contract

Samples: Custodian Agreement (Korea Equity Fund Inc)

Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of Section 9 of this Agreement, and without derogation to said terms, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other lesser amount as shall be agreed by the parties as the date for settlementparties.

Appears in 1 contract

Samples: Funds Transfer Services Agreement (BondBloxx ETF Trust)

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