SECURITIES SYSTEMS. Notwithstanding the provisions of Section 5.01 to the contrary, the Custodian shall not be liable to a Fund for any loss, damage or expense suffered or incurred by such Fund or any of its Portfolios resulting from the use by the Custodian of a Securities System, unless such loss, damage or expense is caused by, or results from, the negligence, misfeasance or misconduct of the Custodian; provided, however, that in the event of any such loss, damage or expense, the Custodian shall take all reasonable steps to enforce such rights as it may have against the Securities System to protect the interests of the Funds and the Portfolios. (e)
Appears in 41 contracts
Samples: Custodian Agreement (Fidelity Advisor Series Viii), Custodian Agreement (Fidelity Revere Street Trust), Custodian Agreement (Colchester Street Trust)
SECURITIES SYSTEMS. Notwithstanding the provisions of Section 5.01 to the contrary, the Custodian shall not be liable to a Fund for any loss, damage or expense suffered or incurred by such Fund or any of its Portfolios resulting from the use by the Custodian of a Securities System, unless such loss, damage or expense is caused by, or results from, the negligence, misfeasance or misconduct of the Custodian; provided, however, that in the event of any such loss, damage or expense, the Custodian shall take all reasonable steps to enforce such rights as it may have against the Securities System to protect the interests of the Funds and the Portfolios. (e).
Appears in 33 contracts
Samples: Custodian Agreement (Variable Insurance Products Fund Iv), Custodian Agreement (Fidelity Advisor Series I), Custodian Agreement (Variable Insurance Products Fund Iv)
SECURITIES SYSTEMS. Notwithstanding the provisions of Section 5.01 to the contrary, the Custodian shall not be liable to a the Fund for any loss, damage or expense suffered or incurred by such the Fund or any of its Portfolios Portfolio resulting from the use by the Custodian of a Securities System, unless such loss, damage or expense is caused by, or results from, the negligence, misfeasance or misconduct of the Custodian; provided, however, that in the event of any such loss, damage or expense, the Custodian shall take all reasonable steps to enforce such rights as it may have against the Securities System to protect the interests of the Funds Fund and the Portfolios. (e).
Appears in 3 contracts
Samples: Custodian Agreement (North Carolina Capital Management Trust), Custodian Agreement (Fidelity Advisor Series I), Custodian Agreement (Fidelity Aberdeen Street Trust)
SECURITIES SYSTEMS. Notwithstanding the provisions of Section 5.01 5.1 to the contrary, the Custodian shall not be liable to a Fund for any loss, damage or expense suffered or incurred by such the Fund or any of its Portfolios resulting from the use by the Custodian of a Securities System, unless such loss, damage or expense is caused by, or results from, the negligence, misfeasance or misconduct of the Custodian; provided, however, that in the event of any such loss, damage or expense, the Custodian shall take all reasonable steps to enforce such rights as it may have against the Securities System to protect the interests of the Funds Fund and the Portfolios. (e).
Appears in 1 contract
Samples: Custodian Agreement (Pilot Funds)
