Actions Prohibited by Applicable Law, Etc. In no event shall the Custodian incur liability hereunder if the Custodian or any Subcustodian or Securities System, or any subcustodian, Securities Depository or Clearing Agency utilized by any such Subcustodian, or any nominee of the Custodian or any Subcustodian (individually, a "Person") is prevented, forbidden or delayed from performing, or omits to perform, any act or thing which this Agreement provides shall be performed or omitted to be performed, by reason of: (i) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, or of any foreign country, or political subdivision thereof or of any court of competent jurisdiction (and the Custodian nor any other Person shall not be obligated to take any action contrary thereto); or (ii) any act of God or war or other similar circumstance beyond the control of the Custodian unless in each case, such delay or nonperformance is caused by the negligence, misfeasance or misconduct of the Custodian.
Appears in 43 contracts
Samples: Custodian Agreement (United Asset Strategy Fund Inc), Vfca Custodian Agreement (United Vanguard Fund Inc), Custodian Agreement (United Gold & Government Fund Inc)
Actions Prohibited by Applicable Law, Etc. In no event shall the Custodian incur liability hereunder if the Custodian or any Subcustodian or Securities System, or any subcustodian, Securities Depository securities depository or Clearing Agency securities system utilized by any such SubcustodianSubcustodian or the Custodian, or any nominee of the Custodian or any Subcustodian (individuallySubcustodian, a "Person") is prevented, forbidden or delayed from performing, or omits to perform, any act or thing which this Agreement provides shall be performed or omitted to be performed, by reason of: (i) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, or of any foreign country, or political subdivision thereof or of any court of competent jurisdiction (and the Custodian nor any other Person shall not be obligated to take any action contrary thereto)jurisdiction; or (ii) any act of God or war or action of any de facto or de jure government or other similar circumstance beyond the control of the Custodian unless Custodian, unless, in each case, such delay or nonperformance is caused by the negligence, misfeasance or misconduct of the Custodiansuch person.
Appears in 15 contracts
Samples: Custodian Agreement (Scudder Target Equity Fund), Custodian Agreement (Kemper International Fund), Custodian Agreement (Scudder Commodities Stock Fund, Inc.)
Actions Prohibited by Applicable Law, Etc. In no event shall the Custodian incur liability hereunder if the Custodian or any Subcustodian or Securities System, or any subcustodian, Securities Depository securities depository or Clearing Agency securities system utilized by any such SubcustodianSubcustodian or the Custodian, or any nominee of the 28 Custodian or any Subcustodian (individuallySubcustodian, a "Person") is prevented, forbidden or delayed from performing, or omits to perform, any act or thing which this Agreement provides shall be performed or omitted to be performed, by reason of: (i) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, or of any foreign country, or political subdivision thereof or of any court of competent jurisdiction (and the Custodian nor any other Person shall not be obligated to take any action contrary thereto)jurisdiction; or (ii) any act of God or war or action of any de facto or de jure government or other similar circumstance beyond the control of the Custodian unless Custodian, unless, in each case, such delay or nonperformance is caused by the negligence, misfeasance or misconduct of the Custodiansuch person.
Appears in 1 contract
Samples: Custodian Agreement (Korea Fund Inc)
Actions Prohibited by Applicable Law, Etc. In no event shall the Custodian incur liability hereunder if the Custodian or any Subcustodian or Securities System, or any subcustodian, Securities Depository securities depository or Clearing Agency securities system utilized by any such SubcustodianSubcustodian or the Custodian, or any nominee of the Custodian or any Subcustodian (individuallySubcustodian, a "Person") is prevented, forbidden or delayed from performing, or omits to perform, any act or thing which this Agreement provides shall be performed or omitted to be performed, by reason of: (i) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, or of any foreign country, or political subdivision thereof or of any court of competent jurisdiction (and the Custodian nor any other Person shall not be obligated to take any action contrary thereto)jurisdiction; or (ii) any act of God or war or action of any de facto or de jure government or other similar circumstance beyond the control of the Custodian unless Custodian, unless, in each case, such delay or nonperformance is caused by the negligence, misfeasance or misconduct of the Custodian.such person. (c)
Appears in 1 contract
Samples: Custodian Agreement (Latin America Dollar Income Fund Inc)
Actions Prohibited by Applicable Law, Etc. In no event shall the Custodian incur liability hereunder if the Custodian or any Subcustodian or Securities System, or any subcustodian, Securities Depository securities depository or Clearing Agency securities system utilized by any such SubcustodianSubcustodian or the Custodian, or any nominee of the Custodian or any Subcustodian (individuallySubcustodian, a "Person") is prevented, forbidden or delayed from performing, or omits to perform, any act or thing which this Agreement provides shall be performed or omitted to be performed, by reason of: (i) any provision of any present or future law or regulation or order of the United States of America, or any state or D.C., Puerto Rico, etc. thereof, or of any foreign country, or political subdivision thereof or of any court of competent jurisdiction (and the Custodian nor any other Person shall not be obligated to take any action contrary thereto)jurisdiction; or (ii) any act of God or war or action of any de facto or de jure government or other similar circumstance beyond the control of the Custodian unless Custodian, unless, in each case, such delay or nonperformance is caused by the negligence, misfeasance or misconduct of the Custodiansuch person.
Appears in 1 contract
Actions Prohibited by Applicable Law, Etc. In no event shall the ------------------------------------------ Custodian incur liability hereunder if the Custodian or any Subcustodian or Securities System, or any subcustodian, Securities Depository securities depository or Clearing Agency securities system utilized by any such SubcustodianSubcustodian or the Custodian, or any nominee of the Custodian or any Subcustodian (individuallySubcustodian, a "Person") is prevented, forbidden or delayed from performing, or omits to perform, any act or thing which this Agreement provides shall be performed or omitted to be performed, by reason of: (i) any provision - of any present or future law or regulation or order of the United States of America, or any state thereof, or of any foreign country, or political subdivision thereof or of any court of competent jurisdiction (and the Custodian nor any other Person shall not be obligated to take any action contrary thereto)jurisdiction; or (ii) any act -- of God or war or action of any de facto or de jure government or other similar circumstance beyond the control of the Custodian unless Custodian, unless, in each case, such delay or nonperformance is caused by the negligence, misfeasance or misconduct of the Custodiansuch person.
Appears in 1 contract
Actions Prohibited by Applicable Law, Etc. In no event shall the Custodian incur liability hereunder if the Custodian or any Subcustodian SubCustodian or Securities System, or any subcustodiansubCustodian, Securities Depository securities depository or Clearing Agency securities system utilized by any such SubcustodianSubCustodian or the Custodian, or any nominee of the Custodian or any Subcustodian (individuallySubCustodian, a "Person") is prevented, forbidden or delayed from performing, or omits to perform, any act or thing which this Agreement provides shall be performed or omitted to be performed, by reason of: (i) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, or of any foreign country, or political subdivision thereof or of any court of competent jurisdiction (and the Custodian nor any other Person shall not be obligated to take any action contrary thereto)jurisdiction; or (ii) any act of God or war or action of any de facto or de jure government or other similar circumstance beyond the control of the Custodian unless Custodian, unless, in each case, such delay or nonperformance is caused by the negligence, misfeasance or misconduct of the Custodiansuch person.
Appears in 1 contract
Actions Prohibited by Applicable Law, Etc. In no event shall the Custodian incur liability hereunder if the Custodian or any Subcustodian or Securities System, or any subcustodian, Securities Depository or Clearing Agency utilized by any such Subcustodian, or any nominee of the Custodian or any Subcustodian (individually, a "Person") is prevented, forbidden or delayed from performing, or omits to perform, any act or thing which this Agreement provides shall be performed or omitted to be performed, by reason of: (i) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, or of any foreign country, or political subdivision thereof or of any court of competent jurisdiction (and the Custodian nor any other Person shall not be obligated to take any action contrary thereto); or (ii) any act of God or war or other similar circumstance beyond the control of the Custodian unless in each case, such delay or nonperformance is caused by the negligence, misfeasance or misconduct of the Custodian.by
Appears in 1 contract
Actions Prohibited by Applicable Law, Etc. In no event shall the Custodian incur liability hereunder if the Custodian or any Subcustodian or Securities System, or any subcustodian, Securities Depository or Clearing Agency utilized by any such Subcustodian, or any nominee of the Custodian or any Subcustodian (individually, a "Person") is prevented, forbidden or delayed from performing, or omits to perform, any act or thing which this Agreement provides shall be performed or omitted to be performed, by reason of: (i) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, or of any foreign country, or political subdivision thereof or of any court of competent jurisdiction (and the Custodian nor any other Person shall not be obligated to take any action contrary thereto); or (ii) any act of God or war or other similar circumstance beyond the control of the Custodian unless in each case, such delay or nonperformance is caused by the negligence, misfeasance or misconduct of the Custodian.. (c)
Appears in 1 contract
Samples: Cmca Custodian Agreement (United Cash Management Inc)