Common use of The Custodian Clause in Contracts

The Custodian. 1. Except as hereinafter provided, neither the Custodian nor its nominee shall be liable for any loss or damage, including attorney's fees, resulting from its action or omission to act or otherwise, either hereunder or under any Margin Account Agreement, except for any such loss or damage arising out of its own negligence or willful misconduct. The Custodian may, with respect to questions of law arising hereunder or under any Margin Account Agreement, apply for and obtain the advice and opinion of counsel to a Fund or of its own counsel, at the expense of a Fund, and shall be fully protected with respect to anything done or omitted by it in good faith in conformity with such advice or opinion. The Custodian shall be liable to a Fund for any loss or damage resulting from the use of the Book-Entry System or any Depository arising by reason of any negligence, misfeasance or willful misconduct on the part of the Custodian or any of its employees or agents.

Appears in 8 contracts

Samples: Custody Agreement (Stagecoach Funds Inc /Ak/), Custody Agreement (Wells Fargo Variable Trust), Custody Agreement (Stagecoach Funds Inc /Ak/)

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The Custodian. 1. Except as hereinafter provided, neither the Custodian nor its nominee shall be liable for any loss or damage, including attorney's fees, resulting from its action or omission to act or otherwise, either hereunder or under any Margin Account Agreement, except for any such loss or damage arising out of its own negligence or willful misconduct. The Custodian may, with respect to questions of law arising hereunder or under any Margin Account Agreement, apply for and obtain the advice and opinion of counsel to a the Fund or of its own counsel, at the expense of a the Fund, and shall be fully protected with respect to anything done or omitted by it in good faith in conformity with such advice or opinion. The Custodian shall be liable to a the Fund for any loss or damage resulting from the use of the Book-Entry System or any Depository arising by reason of any negligence, misfeasance or willful misconduct on the part of the Custodian or any of its employees or agents.

Appears in 7 contracts

Samples: Custody Agreement (Stagecoach Funds Inc /Ak/), Custody Agreement (Stagecoach Funds Inc /Ak/), Custody Agreement (Stagecoach Funds Inc /Ak/)

The Custodian. 144. Except as hereinafter provided, neither the Custodian nor its nominee shall be liable for any loss or damage, including attorney's fees, resulting from its action or omission to act or otherwise, either hereunder or under any Margin Account Agreement, except for any such loss or damage arising out of its own negligence or willful misconduct. The Custodian may, with respect to questions of law arising hereunder or under any Margin Account Agreement, apply for and obtain the advice and opinion of counsel to a the Fund or of its own counsel, at the expense of a the Fund, and shall be fully protected with respect to anything done or omitted by it in good faith in conformity with such advice or opinion. The Custodian shall be liable to a the Fund for any loss or damage resulting from the use of the Book-Entry System or any Depository arising by reason of any negligence, misfeasance or willful misconduct on the part of the Custodian or any of its employees or agents.

Appears in 1 contract

Samples: Custody Agreement (Stagecoach Inc)

The Custodian. 1. Except as hereinafter provided, neither the Custodian nor its nominee shall be liable for any loss or damage, including attorney's fees, resulting from its action or omission to act or otherwise, either hereunder or under any Margin Account Agreement, except for any such loss or damage arising out of its own negligence or willful misconduct. The Custodian may, with respect to questions of law arising hereunder or under any Margin Account Agreement, apply for and obtain the advice and opinion of counsel to a Fund the Company or of its own counsel, at the expense of a the Fund, and shall be fully protected with respect to anything done or omitted by it in good faith in conformity with such advice or opinion. The Custodian shall be liable to a the Fund for any loss or damage resulting from the use of the Book-Entry System or any Depository arising by reason of any negligence, misfeasance or willful misconduct on the part of the Custodian or any of its employees or agents.

Appears in 1 contract

Samples: Custody Agreement (Overland Express Funds Inc)

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The Custodian. 144. Except as hereinafter provided, neither the Custodian nor its nominee shall be liable for any loss or damage, including attorney's fees, resulting from its action or omission to act or otherwise, either hereunder or under any Margin Account Agreement, except for any such loss or damage arising out of its own negligence or willful misconduct. The Custodian may, with respect to questions of law arising hereunder or under any Margin Account Agreement, apply for and obtain the advice and opinion of counsel to a Fund or of its own counsel, at the expense of a such Fund, and shall be fully protected with respect to anything done or omitted by it in good faith in conformity with such advice or opinion. The Custodian shall be liable to a the Fund for any loss or damage resulting from the use of the Book-Entry System or any Depository arising by reason of any negligence, misfeasance or willful misconduct on the part of the Custodian or any of its employees or agents.

Appears in 1 contract

Samples: Custody Agreement (Stagecoach Inc)

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