Common use of Responsibility for Subcustodians Clause in Contracts

Responsibility for Subcustodians. 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 domestic 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.

Appears in 18 contracts

Samples: Custodian Agreement (United States Brent Oil Fund, LP), Custodian Agreement (United States Currency Funds Trust), Custodian Agreement (United States Short Oil Fund, LP)

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Responsibility for Subcustodians. 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 domestic Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence 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.

Appears in 5 contracts

Samples: Form Of (Mutual of America Variable Insurance Portfolios, Inc.), Custodian Agreement (Mutual of America Investment Corp), Custodian Agreement (Mutual of America Investment Corp)

Responsibility for Subcustodians. 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 domestic 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.

Appears in 4 contracts

Samples: Custodian and Transfer Agent Agreement (New Age Alpha Trust), Custodian Agreement (Bridge Builder Trust), Funds Transfer Services Agreement (Ultimus Managers Trust)

Responsibility for Subcustodians. 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 domestic 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.

Appears in 2 contracts

Samples: Custodian Agreement (Ameristock ETF Trust), Custodian Agreement (Ameristock ETF Trust)

Responsibility for Subcustodians. The Custodian shall be liable to the Fund for any loss loss, expense or damage to the Fund caused by or resulting from the acts or omissions of any domestic 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.

Appears in 2 contracts

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

Responsibility for Subcustodians. The Custodian shall be liable to the Fund on behalf of the applicable Portfolio for any loss or damage to the Fund caused by or resulting from the acts or omissions of any domestic Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence 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.

Appears in 2 contracts

Samples: Custodian Agreement (James Alpha Funds Trust), Custodian Agreement (James Alpha Funds Trust)

Responsibility for Subcustodians. The Custodian shall be liable to the Fund Fund, on behalf of the applicable Portfolio, for any loss or damage to the Fund a Portfolio caused by or resulting from the acts or omissions of any domestic 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.

Appears in 1 contract

Samples: Funds Transfer Services Agreement (Northern Lights Fund Trust Ii)

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Responsibility for Subcustodians. The Custodian shall be liable to the Fund Fund, on behalf of the applicable Portfolio, for any loss or damage to the Fund a Portfolio caused by or resulting from the acts or omissions of any domestic Subcustodian to the extent that such acts or omissions would be deemed to be negligence, gross negligence 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.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (Uncommon Investment Funds Trust)

Responsibility for Subcustodians. The Custodian shall be liable to the Fund on behalf of its applicable Portfolios for any loss or damage to the Fund thereto caused by or resulting from the acts or omissions of any domestic 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.

Appears in 1 contract

Samples: Custodian Agreement (AIM ETF Products Trust)

Responsibility for Subcustodians. 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 domestic Subcustodian Subcustodian, to the extent that such acts or omissions the Custodian would be deemed liable 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 occurredFund hereunder.

Appears in 1 contract

Samples: Custodian Agreement (SEI Structured Credit Fund, LP)

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