Rights of the Custodian. In the event that the Client fails to satisfy in full any of the Secured Liabilities as and when due and payable, the Custodian will have, in addition to all other rights and remedies arising under this Agreement or under applicable Law, the rights and remedies of a secured party under applicable Law. Without prejudice to the Custodian’s other rights and remedies, the Custodian will be entitled, in each case as and to the extent reasonably necessary to satisfy in full the Secured Liabilities and any related transaction expenses, to (a) exercise its right of retention and withhold delivery of any Collateral and otherwise refuse to act on any Proper Instruction relating to such Collateral, (b) sell or otherwise realize any Collateral, and (c) set off the net proceeds of such sale or realization of Collateral and/or the amount of any deposit balances standing to the credit of the Client in any Cash Account(s) against such Secured Liabilities.
Rights of the Custodian. Any Custodian may resign from its duties hereunder by providing at least 30 days prior written notice to the Depositary. Promptly after the receipt of such written notice, the Depositary shall endeavor to appoint a substitute custodian or custodians, each of which shall be a Custodian hereunder upon the effectiveness of such resignation. Any Custodian ceasing to act hereunder as Custodian shall deliver, upon the instruction of the Depositary, all Deposited Securities held by it to a Custodian continuing to act. Notwithstanding anything to the contrary contained in this Deposit Agreement (including the ADRs) and subject to the penultimate sentence of paragraph (14) of the form of ADR (Exoneration), the Depositary shall not be responsible for, and shall incur no liability in connection with or arising from, any act or omission to act on the part of the Custodian except to the extent that the Custodian has (i) committed fraud or willful misconduct in the provision of custodial services to the Depositary or (ii) failed to use reasonable care in the provision of custodial services to the Depositary as determined in accordance with the standards prevailing in the jurisdiction in which the Custodian is located.
Rights of the Custodian. (a) The Custodian shall be under no duty or obligation to inspect, review or examine the Mortgage Files to determine that the contents thereof are appropriate for the represented purpose or that they have been actually recorded or that they are other than what they purport to be on their face.
Rights of the Custodian. Any Custodian may resign from its duties hereunder by providing at least 30 days' prior written notice to the Depositary. Any Custodian ceasing to act hereunder as Custodian shall deliver, upon the instruction of the Depositary, all Deposited Securities held by it to a Custodian continuing to act. Notwithstanding anything to the contrary contained in this Deposit Agreement (including the ADRs) and, subject to the further limitations set forth in subparagraph (p) of paragraph (14) of the form of ADR (Exoneration), the Depositary shall not be responsible for, and shall incur no liability in connection with or arising from, any act or omission to act on the part of the Custodian except to the extent that any Holder has incurred liability directly as a result of the Custodian having (i) committed fraud or willful misconduct in the provision of custodial services to the Depositary or (ii) failed to use reasonable care in the provision of custodial services to the Depositary as determined in accordance with the standards prevailing in the jurisdiction in which the Custodian is located.
Rights of the Custodian. Any Custodian may resign from its duties hereunder by providing at least 30 days’ prior written notice to the Depositary. Promptly after the receipt of such written notice, the Depositary shall endeavor to appoint a substitute custodian or custodians, each of which shall be a Custodian hereunder upon the effectiveness of such resignation. Any Custodian ceasing to act hereunder as Custodian shall deliver, upon the instruction of the Depositary, all Deposited Securities held by it to a Custodian continuing to act. Notwithstanding anything to the contrary contained in this Deposit Agreement (including the ADRs) and, subject to the further limitations set forth in subparagraph (q) of paragraph (14) of the form of ADR (Exoneration) , the Depositary shall not be responsible for, and shall incur no liability in connection with or arising from, any act or omission to act on the part of the Custodian except to the extent that any Holder has incurred liability directly as a result of the Custodian having
Rights of the Custodian. Any Custodian may resign from its duties hereunder by providing at least 30 days' prior written notice to the Depositary. After the receipt of such written notice, the Depositary shall endeavor to appoint a substitute custodian, which shall be a Custodian hereunder, unless the Depositary elects to undertake such duties itself. Any Custodian ceasing to act hereunder as Custodian shall deliver, upon the instruction of the Depositary, all Deposited Securities held by it to a Custodian continuing to act.
Rights of the Custodian. The Custodian shall have the following rights,
Rights of the Custodian. Neither the Custodian nor the Pledgee shall be liable or responsible for any loss resulting from any such investments, except for any such persons loss resulting from the gross negligence or willful misconduct of such person. Any or all of the Collateral may, if an Event of Default has occurred and is continuing, without notice, be registered in the name of the Custodian or its nominee or the Pledgee or its nominee, if not then so registered, and the Custodian or its nominee or the Pledgee or its nominee may thereafter without notice, exercise all rights, privileges or options pertaining to any of the securities included in the Collateral, if appropriate, as if it were the absolute owner thereof, all without liability except to account for property actually received by it, and the Pledgor shall execute and deliver (or cause to be executed and delivered) to the Custodian all powers of attorney, interest coupons and other instruments for the purpose of enabling the Custodian to exercise the rights and powers which the Custodian is entitled to exercise pursuant to this Section.
Rights of the Custodian. In the event that the Client fails to satisfy in full any of the Secured Liabilities as and when due and payable, the Custodian will have, in addition to all other rights and remedies arising under this Agreement or under applicable Law, the rights and remedies of a secured party under applicable Law. Without prejudice to the Custodian’s other rights and remedies, the Custodian will be entitled, in each case as and to the extent reasonably necessary to satisfy in full the Secured Liabilities and any related transaction expenses, to (a) exercise its right of retention and withhold delivery of any asset to the extent that delivery of such asset would cause the Custodian to have inadequate Collateral and otherwise refuse to act on any Proper Instruction relating to such Collateral, (b) sell or otherwise realize any Collateral, and (c) set off the net proceeds of such sale or realization of Collateral and/or the amount of any deposit balances standing to the credit of the Client in any Cash Account(s) against such Secured Liabilities.
Rights of the Custodian. The Employee, in signing the Application agrees on behalf of himself or herself and any Beneficiary to at all times indemnify and hold the Custodian harmless from and against any liability and expenses (including but not limited to reasonable administrative and legal expenses and compensation of the Custodian for services with respect to any controversy or settlement regarding the Agreement or the Account) that the Custodian may incur in the administration of the Account, including but not limited to making investments or distributions in accordance with the Employee’s written instructions or the most recent beneficiary designation on file with the Custodian, or failure to make investments or distributions absent instructions in a form acceptable to the Custodian, except for any liability arising from the Custodian’s own gross negligence or willful misconduct. The Custodian shall be entitled to rely conclusively upon, and shall be fully protected in any action taken by it in reliance upon any and all written notices or other communications which it receives and which the Custodian believes to have been sent by the Employee, the Employer, or any other person. The Custodian shall be absolved of all responsibility for any action or nonaction taken pursuant to the Employee’s or designated Beneficiary’s direction or failure to provide direction in a form acceptable to the Custodian, including but not limited to the purpose, propriety, treatment, or tax consequences of any contribution or distribution. The Custodian may submit any question arising hereunder or in respect to the Custodial Account to counsel, including its own general counsel. The Custodian shall not be liable for any acts or omissions made pursuant to the advice of such counsel.
