Common use of Responsibility for Subcustodians Clause in Contracts

Responsibility for Subcustodians. Except as provided in the last sentence of this Section 8.6, the Custodian shall be liable to the Fund for any loss or damage to the Fund caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence or willful misconduct in accordance with the terms of the relevant subcustodian agreement under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the countries and Subcustodians designated by the Custodian, from time to time on the Global Custody Network Listing shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the Subcustodian.

Appears in 62 contracts

Samples: Draft (NuShares ETF Trust), Funds Transfer Services Agreement (Capitol Series Trust), Funds Transfer Services Agreement (Grandeur Peak Global Trust)

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Responsibility for Subcustodians. Except as provided in the last sentence of this Section 8.68.3, the Custodian shall be liable to the Fund for any loss or damage to the Fund caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence or willful misconduct in accordance with the terms of the relevant subcustodian agreement under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the countries and Subcustodians subcustodians so designated by the Custodian, from time to time time, on the Global Custody Network Listing Listing, shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the Subcustodian.

Appears in 12 contracts

Samples: Custodian Agreement (Touchstone Variable Series Trust), Custodian Agreement (Hotchkis & Wiley Funds /De/), Custodian Agreement (Touchstone Strategic Trust)

Responsibility for Subcustodians. Except as provided in the last sentence of this Section 8.6, the Custodian shall be liable to the Fund and its applicable Portfolios for any loss or damage to the Fund thereto caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence or willful misconduct in accordance with within the terms of the relevant subcustodian agreement under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the countries and Subcustodians designated by the Custodian, from time to time on the Global Custody Network Listing shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the Subcustodian.

Appears in 9 contracts

Samples: Custodian and Transfer Agent Agreement (Two Roads Shared Trust), Custodian and Transfer Agent Agreement (Cambria ETF Trust), Custodian and Transfer Agent Agreement (Unified Series Trust)

Responsibility for Subcustodians. Except as provided in the last sentence of this Section 8.6, the Custodian shall be liable to the Fund Trust and its applicable Funds for any loss or damage to the Fund thereto caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence or willful misconduct in accordance with within the terms of the relevant subcustodian agreement under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the countries and Subcustodians designated by the Custodian, from time to time on the Global Custody Network Listing shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the Subcustodian.

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)

Responsibility for Subcustodians. Except as provided in the last sentence of this Section 8.68.3, the Custodian shall be liable to the Fund and its applicable Portfolios for any loss or damage to the Fund thereto caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence or willful misconduct in accordance with within the terms of the relevant subcustodian agreement under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the countries and those Subcustodians designated specifically identified by the Custodian, from time to time time, as being subject to the “recover standard of care” on the Global Custody Network Listing Listing, shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the applicable Subcustodian.

Appears in 2 contracts

Samples: Custodian and Transfer Agent Agreement (Metaurus Equity Component Trust), Custodian and Transfer Agent Agreement (Metaurus Equity Component Trust)

Responsibility for Subcustodians. Except as provided in the last sentence of this Section 8.68.3, the Custodian shall be liable to the a Fund for any loss or damage to the Fund caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence or willful misconduct in accordance with the terms of the relevant subcustodian agreement under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the countries and Subcustodians subcustodians so designated by the Custodian, from time to time time, on the Global Custody Network Listing Listing, shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the Subcustodian.

Appears in 2 contracts

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

Responsibility for Subcustodians. Except as provided in the last sentence of this Section 8.68.3, the Custodian shall be liable to the Fund Company for any loss or damage to the Fund Company caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence bad faith or willful misconduct in accordance with the terms of the relevant subcustodian agreement under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the countries and Subcustodians so designated by the Custodian, from time to time time, on the Global Custody Network Listing Listing, shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the applicable Subcustodian.

Appears in 1 contract

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

Responsibility for Subcustodians. Except as provided in the last sentence of this Section 8.6, the Custodian shall be liable to the Fund Trust for any loss or damage to the Fund Trust caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence or willful misconduct in accordance with the terms of the relevant subcustodian agreement under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the countries and Subcustodians designated by the Custodian, from time to time as being subject to the “recover standard of care” on the Global Custody Network Listing Listing, shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the Subcustodian.

Appears in 1 contract

Samples: Custodian Agreement (NuShares ETF Trust)

Responsibility for Subcustodians. Except as provided in the last sentence of this Section 8.68.3, the Custodian shall be liable to the Fund for any loss or damage to the Fund caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence or negligence, willful misconduct or breach of contract in accordance with the terms of the relevant subcustodian agreement under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the countries and Subcustodians subcustodians so designated by the Custodian, from time to time time, on the Global Custody Network Listing Listing, shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the Subcustodian.

Appears in 1 contract

Samples: Custodian Agreement (Heartland Group Inc)

Responsibility for Subcustodians. Except as provided in the last sentence of this Section 8.6, the Custodian shall be liable to the each Fund for any loss or damage to the Fund caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence or willful misconduct in accordance with the terms of the relevant subcustodian agreement under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the countries and Subcustodians designated by the Custodian, from time to time on the Global Custody Network Listing shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the Subcustodian.

Appears in 1 contract

Samples: Custodian Agreement (Riverpark Funds Trust)

Responsibility for Subcustodians. Except as provided in the last sentence of this Section 8.68.4, the Custodian shall be liable to the Fund and the Sponsor for any loss or damage to the Fund caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence or willful misconduct in accordance with the terms of the relevant subcustodian agreement under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the countries and Subcustodians so designated by the Custodian, from time to time time, on the Global Custody Network Listing Listing, shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the Subcustodian.

Appears in 1 contract

Samples: Custodian Agreement (USCF Funds Trust)

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Responsibility for Subcustodians. Except as provided in the last sentence of this Section 8.6, the Custodian shall be liable to the Fund for any loss or damage to the Fund caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence or willful misconduct in accordance with the terms of the relevant subcustodian Subcustodian agreement and under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the countries and Subcustodians designated by the Custodian, Custodian from time to time on the Global Custody Network Listing shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the Subcustodian.,

Appears in 1 contract

Samples: Custodian Agreement (Bjurman Barry Funds)

Responsibility for Subcustodians. Except as provided in the last sentence of this Section 8.6, the Custodian shall be liable to the Fund for any loss or damage to the Fund caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence or willful misconduct in accordance with the terms of the relevant subcustodian agreement under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the certain countries and Subcustodians designated by the Custodian, from time to time on the Global Custody Network Listing shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the Subcustodian.

Appears in 1 contract

Samples: Custodian Agreement (Alger ETF Trust)

Responsibility for Subcustodians. Except as provided in the last sentence of this Section 8.6, the Custodian shall be liable to the Fund and its applicable Portfolios for any loss or damage to the Fund thereto caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence or willful misconduct in accordance with within the terms of the relevant subcustodian agreement under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the countries and Subcustodians designated by the Custodian, from time to time on the Global Custody Network Listing Listing, shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the Subcustodian.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (Krane Shares Trust)

Responsibility for Subcustodians. Except as provided in the last sentence of this Section 8.6, the Custodian shall be liable to the Fund for any loss or damage to the Fund caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence or willful misconduct in accordance with the terms of the relevant subcustodian agreement under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the countries and Subcustodians designated by the Custodian, Custodian from time to time on the Global Custody Network Listing shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the Subcustodian.

Appears in 1 contract

Samples: Custodian Agreement (Ameristock Mutual Fund Inc)

Responsibility for Subcustodians. Except as provided in the last sentence of this Section 8.6, the Custodian shall be liable to the Fund for any loss or damage to the Fund caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence bad faith or willful misconduct in accordance with the terms of the relevant subcustodian agreement under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the countries and Subcustodians designated by the Custodian, from time to time on the Global Custody Network Listing shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the Subcustodian.

Appears in 1 contract

Samples: Custodian Agreement (Engine No. 1 ETF Trust)

Responsibility for Subcustodians. Except as provided in the last sentence of this Section 8.6, the Custodian shall be liable to the a Fund for any loss or damage to the Fund caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence or willful misconduct in accordance with the terms of the relevant subcustodian agreement under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the countries and Subcustodians designated by the Custodian, from time to time on the Global Custody Network Listing shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the Subcustodian.

Appears in 1 contract

Samples: Funds Transfer Services Agreement (Capitol Series Trust)

Responsibility for Subcustodians. Except as provided in the last sentence of this Section 8.6, the Custodian shall be liable to the Fund and its applicable Portfolios for any loss or damage to the Fund thereto caused by or resulting from the acts or omissions of any Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence or willful misconduct in accordance with within the terms of the relevant subcustodian Subcustodian agreement under the laws, circumstances and practices prevailing in the place where the act or omission occurred. The liability of the Custodian in respect of the countries and Subcustodians designated by the Custodian, from time to time on the Global Custody Network Listing shall be subject to the additional condition that the Custodian actually recovers such loss or damage from the Subcustodian.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (LocalShares Investment Trust)

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