Common use of Termination and Assignment Clause in Contracts

Termination and Assignment. This agreement may be terminated by the Fund or the Custodian, immediately upon written notice from the Fund or the Custodian, as applicable, to the other party, if the other party fails materially to perform its obligations hereunder, and may otherwise be terminated by the Fund or by the Custodian on not less than ninety (90) days' notice, given in writing and sent by registered mail to the Custodian or the Fund as the case may be. Upon termination of this Agreement, the Custodian shall deliver the Securities and cash in the account of the Fund to such entity as is designated in writing by the Fund and in the absence of such a designation may, but shall not be obligated to, deliver them to a bank or trust company of the Custodian's own selection having an aggregate capital, surplus and undivided profits as shown by its last published report of not less than 50 million dollars ($50,000,000), the Securities and cash to be held by such bank or trust company for the benefit of the Fund under terms similar to those of this Agreement and the Fund to be obligated to pay to such transferee the then current rates of such transferee for services rendered by it; provided, however, that the Custodian may decline to transfer such amount of such Securities equivalent to all fees and other sums owing by the Fund to the Custodian, and the Custodian shall have a charge against and security interest in such amount until all moneys owing to it have been paid, or escrowed to its satisfaction. This Agreement may not be assigned by the Custodian without the consent of the Fund, authorized or approved by a resolution of the Fund's Board of Trustees.

Termination and Assignment. (a) This agreement may be terminated with respect to one or more Funds by the Fund Trust or by the Custodian, immediately upon written notice from the Fund Trust or the Custodian, as applicable, to the other party, if the other party fails materially to perform its obligations hereunder, and may otherwise be terminated by the Fund Trust or by the Custodian on not less than ninety sixty (9060) days' notice, given in writing and sent by registered mail to the Custodian or the Fund Trust as the case may be. Upon termination of this Agreement, the Custodian shall deliver the Securities and cash in the account Account of the Fund Funds for which this Agreement has been terminated to such entity the Trust as is designated in writing by the Fund and Trust and, in the absence of such a designation may, but shall not be obligated to, deliver them to a bank or trust company of the Custodian's own selection having an aggregate capital, surplus and undivided profits as shown by its last published report of not less than 50 million dollars ($50,000,000), the Securities and cash to be held by such bank or trust company for the benefit of the Fund Trust under terms similar to those of this Agreement Agreement, and the Fund to Trust shall be obligated to pay to such transferee the then current rates of such transferee for services rendered by it; provided. The Custodian may decline, however, that the Custodian may decline to transfer such amount of such Securities equivalent to all fees and other sums owing by the applicable Fund to the Custodian, and the Custodian shall have a charge against and security interest in such amount until all moneys monies owing to it have been paid, paid or escrowed to its satisfaction. . (b) This Agreement may not be assigned by the Custodian without the consent of the FundTrust, authorized or approved by a resolution of the FundTrust's Board of Trustees.

Termination and Assignment. This agreement may be terminated by the Fund or the Custodian, immediately upon written notice from the Fund or the Custodian, as applicable, to the other party, if the other party fails materially to perform its obligations hereunder, and may otherwise be terminated by the Fund or by the Custodian on not less than ninety (90) days' notice, given in writing and sent by registered mail to the Custodian or the Fund as the case may be. Upon termination of this Agreement, the Custodian shall deliver the Securities and cash in the account of the Fund to such entity as is designated in writing by the Fund and in the absence of such a designation may, but shall not be obligated to, deliver them to a bank or trust company of the Custodian's own selection having an aggregate capital, surplus and undivided profits as shown by its last published report of not less than 50 million dollars ($50,000,000), the Securities and cash to be held by such bank or trust company for the benefit of the Fund under terms similar to those of this Agreement and the Fund to be obligated to pay to such transferee the then current rates of such transferee for services rendered by it; provided, however, that the Custodian may decline to transfer such amount of such Securities equivalent to all fees and other sums owing by the Fund to the Custodian, and the Custodian shall have a charge against and security interest in such amount until all moneys monies owing to it have been paid, or escrowed to its satisfaction. This Agreement may not be assigned by the Custodian without the consent of the Fund, authorized or approved by a resolution of the Fund's Board of Trustees.

Termination and Assignment. This agreement may be terminated by the Fund or the Custodiancustodian, immediately upon written notice from the Fund or the Custodian, as applicable, to the other party, if the other party fails materially to perform its obligations hereunder, and may otherwise be terminated by the Fund or by the Custodian on not less than ninety (90) days' notice, given in writing and sent by registered mail to the Custodian or the Fund as the case may be. Upon termination of this Agreement, the Custodian shall deliver the Securities and cash in the account of the Fund to such entity as is designated in writing by the Fund and in the absence of such a designation may, but shall not be obligated to, deliver them to a bank or trust company of the Custodian's own selection having an aggregate capital, surplus and undivided profits as shown by its last published report of not less than 50 million dollars ($50,000,000), the Securities and cash to be held by such bank or trust company for the benefit of the Fund under terms similar to those of this Agreement and the Fund to be obligated to pay to such transferee the then current rates currents of such transferee for services rendered by it; provided, however, that the Custodian may decline to transfer such amount of such Securities equivalent to all fees and other sums owing by the Fund to the Custodian, and the Custodian shall have a charge against and security interest in such amount until all moneys monies owing to it have been paid, or escrowed to its satisfaction. This Agreement may not be assigned by the Custodian without the consent of the Fund, authorized or approved by a resolution of the Fund's Board of Trustees.

Termination and Assignment. (a) This agreement may be terminated by the with respect to one or more Funds Fund or by the Trust or by the Custodian, immediately upon written notice from the Trust Fund or the Custodian, as applicable, to the other party, if the other party fails materially to perform its obligations hereunder, and may otherwise be terminated by the Trust Fund or by the Custodian on not less than sixty ninety (90960) days' notice, given in writing and sent by registered mail to the Custodian or the Trust Fund as the case may be. Upon termination of this Agreement, the Custodian shall deliver the Securities and cash in the account aAccount of the Fund Funds for which this Agreement has been terminated to the Trust such entity as is designated in writing by the Trust Fund and and, in the absence of such a designation may, but shall not be obligated to, deliver them to a bank or trust company of the Custodian's own selection having an aggregate capital, surplus and undivided profits as shown by its last published report of not less than 50 million dollars ($50,000,000), the Securities and cash to be held by such bank or trust company for the benefit of the Trust Fund under terms similar to those of this Agreement Agreement, and the Trust Fund shall to be obligated to pay to such transferee the then current rates of such transferee for services rendered by it; provided, however, that the t. The Custodian may decline decline, however, to transfer such amount of such Securities equivalent to all fees and other sums owing by the applicable Fund to the Custodian, and the Custodian shall have a charge against and security interest in such amount until all moneys monies owing to it have been paid, or escrowed to its satisfaction. . (b) This Agreement may not be assigned by the Custodian without the consent of the FundTrustFund, authorized or approved by a resolution of the Trust's Fund's Board of Trustees.

Termination and Assignment. This agreement Agreement may be terminated by the Fund or the Custodian, immediately upon written notice from the Fund or the Custodian, as applicable, to the other party, if the other party fails materially to perform its obligations hereunder, and may otherwise be terminated by the Fund or by the Custodian on not less than ninety one hundred eighty (90180) days' notice, given in writing and sent by registered mail to the Custodian or the Fund as the case may be. Upon termination of this Agreement, the Custodian shall deliver the Securities and cash in the account Assets of the Fund to such entity as is designated in writing by the Fund and in the absence of such a designation may, but shall not be obligated to, deliver them to a bank or trust company of the Custodian's own selection having an aggregate capital, surplus and undivided profits as shown by its last published report of not less than 50 million dollars ($50,000,000), the Securities and cash Assets to be held by such bank or trust company for the benefit of the Fund under terms similar to those of this Agreement and the Fund to be obligated to pay to such transferee the then current rates of such transferee for services rendered by it; provided, however, that the Custodian may decline to transfer such amount of such Securities Assets equivalent to all fees and other sums owing by the Fund to the CustodianCustodian (except for such out-of-pocket expenses as are described in Section 12 hereto), and the Custodian shall have a charge against and security interest in such amount until all moneys monies owing to it have been paid, or escrowed to its satisfaction. This Agreement may not be assigned by the Custodian without the consent of the Fund, authorized or approved by a resolution of the Fund's Board of TrusteesDirectors.

Termination and Assignment. This agreement Agreement may be terminated by the Fund or the Custodian, immediately upon written notice from the Fund or the Custodian, as applicable, to the other party, if the other party fails materially to perform its obligations hereunder, and may otherwise be terminated by the Fund or by the Custodian on not less than ninety one hundred eighty (90180) days' notice, given in writing and sent by registered mail to the Custodian or the Fund as the case may be. Upon termination of this Agreement, the Custodian shall deliver the Securities and cash in the account Assets of the Fund to such entity as is designated in writing by the Fund and in the absence of such a designation may, but shall not be obligated to, deliver them to a bank or trust company of the Custodian's own selection having an aggregate capital, surplus and undivided profits as shown by its last published report of not less than 50 million dollars ($50,000,000), the Securities and cash Assets to be held by such bank or trust company for the benefit of the Fund under terms similar to those of this Agreement and the Fund to be obligated to pay to such transferee the then current rates of such transferee for services rendered by it; provided, however, that the Custodian may decline to transfer such amount of such Securities Assets equivalent to all fees and other sums owing by the Fund to the CustodianCustodian (except for such out-of-pocket expenses as are described in Section 12 hereto), and the Custodian shall have a charge against and security interest in such amount until all moneys monies owing to it have been paid, or escrowed to its satisfaction. This Agreement may not be assigned by the Custodian without the consent of the Fund, authorized or approved by a resolution of the Fund's Board of Trustees.