Securities Systems, Interim Subcustodians, Special Subcustodians, Eligible Securities Depositories. The Custodian shall not be liable to any Fund for any loss, damage or expense suffered or incurred by such Fund resulting from or occasioned by the actions or omissions of a Securities System, Interim Subcustodian, Special Subcustodian, or Eligible Securities Depository unless such loss, damage or expense is caused by, or results from, the negligence, bad faith or willful misconduct of the Custodian or the Custodian’s reckless disregard of its duties under this Agreement.
Appears in 42 contracts
Samples: Custody Agreement (Hamilton Lane Private Infrastructure Fund), Custody Agreement (FT Vest Total Return Income Fund: Series A2), Custody Agreement (FT Vest Hedged Equity Income Fund: Series A2)
Securities Systems, Interim Subcustodians, Special Subcustodians, Eligible Securities Depositories. The Custodian shall not be liable to any the Fund for any loss, damage or expense suffered or incurred by such the Fund resulting from or occasioned by the actions or omissions of a Securities System, Interim Subcustodian, Special Subcustodian, or Eligible Securities Depository unless such loss, damage or expense is caused by, or results from, the negligence, bad faith or willful misconduct of the Custodian or the Custodian’s reckless disregard of its duties under this Agreement.
Appears in 12 contracts
Samples: Custody Agreement (Meketa Infrastructure Fund), Custody Agreement (Calamos Aksia Alternative Credit & Income Fund), Custody Agreement (Carlyle AlpInvest Private Markets Fund)
Securities Systems, Interim Subcustodians, Special Subcustodians, Eligible Securities Depositories. The Custodian shall not be liable to any Fund for any loss, damage or expense suffered or incurred by such the Fund resulting from or occasioned by the actions or omissions of a Securities System, Interim Subcustodian, Special Subcustodian, or Eligible Securities Depository unless such loss, damage or expense is caused by, or results from, the material breach of this Agreement, negligence, bad faith faith, fraud or willful misconduct of the Custodian or its employees, or the Custodian’s or its employees’ reckless disregard of its duties under this Agreement.
Appears in 4 contracts
Samples: Custody Agreement (FS MVP Private Markets Fund), Custody Agreement (FS MVP Private Markets Fund), Custody Agreement (MVP Private Markets Fund)
Securities Systems, Interim Subcustodians, Special Subcustodians, Eligible Securities Depositories. The Custodian shall not be liable to any Fund for any loss, damage or expense suffered or incurred by such Fund resulting from or occasioned by the actions or omissions of a Securities System, Interim Subcustodian, Special Subcustodian, or Eligible Securities Depository unless such loss, damage or expense is caused by, or results from, the gross negligence, bad faith faith, or willful misconduct of the Custodian or the Custodian’s reckless disregard of its duties under this Agreement.
Appears in 3 contracts
Samples: Custody Agreement (Versus Capital Real Assets Fund LLC), Custody Agreement (Versus Capital Infrastructure Income Fund), Custody Agreement (Versus Capital Multi-Manager Real Estate Income Fund LLC)
Securities Systems, Interim Subcustodians, Special Subcustodians, Eligible Securities Depositories. The Custodian shall not be liable to any the Fund for any loss, damage or expense suffered or incurred by such the Fund resulting from or occasioned by the actions or omissions of a Securities System, Interim Subcustodian, Special Subcustodian, or Eligible Securities Depository unless such loss, damage or expense is caused by, or results from, the negligence, bad faith or willful misconduct on the part of the Custodian or Custodian, the Custodian’s reckless disregard of its duties under this AgreementAgreement or the Custodian’s breach of the terms of this Agreement any contract between the Fund and the Custodian.
Appears in 2 contracts
Samples: Custody Agreement (Center Coast MLP & Infrastructure Fund), Custody Agreement (Center Coast MLP & Infrastructure Fund)
Securities Systems, Interim Subcustodians, Special Subcustodians, Eligible Securities Depositories. The Custodian shall not be liable to any the Fund for any loss, damage or expense suffered or incurred by such the Fund resulting from or occasioned by the actions or omissions of a Securities System, Interim Subcustodian, Special Subcustodian, or Eligible Securities Depository unless such loss, damage or expense is caused by, or results from, the negligence, bad faith or willful misconduct of the Custodian Custodian, or the Custodian’s reckless disregard of its duties under this Agreement.
Appears in 2 contracts
Samples: Custody Agreement (Alti Private Equity Access & Commitments Fund), Custody Agreement (Forum CRE Income Fund)
Securities Systems, Interim Subcustodians, Special Subcustodians, Eligible Securities Depositories. The Custodian shall not be liable to any Fund for any loss, damage or expense suffered or incurred by such Fund resulting from or occasioned by the actions or omissions of a Securities System, Interim Subcustodian, Special Subcustodian, or Eligible Securities Depository unless such loss, damage or expense is caused by, or results from, the negligence, bad faith or willful misconduct of the Custodian or the Custodian’s 's reckless disregard of its duties under this Agreement.
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