Common use of Employment of Custodian and Property to be Held Clause in Contracts

Employment of Custodian and Property to be Held. by It The Fund hereby employs the Custodian as the custodian of its assets, including securities it desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the Governing Documents of the Fund. The Fund agrees to deliver to the Custodian all securities and cash now or hereafter owned or acquired by it, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Fund from time to time, and the cash consideration received by it for such new or treasury shares of capital stock ("Shares") of the Fund as may be issued or sold from time to time. The Custodian shall not be responsible for any property of the Fund held or received by the Fund and not delivered to the Custodian. With respect to domestic securities, upon receipt of "Proper Instructions" (within the meaning of Article 5), the Custodian shall from time to time employ one or more sub-custodians located in the United States, but only in accordance with an applicable vote by the Board of Directors/Trustees of the Fund, and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian, and further provided that the Custodian shall not release the sub-custodian from any responsibility or liability unless mutually agreed upon by the parties in writing. With respect to foreign securities and other assets of the Fund held outside the United States, the Custodian shall employ Chase Manhattan Bank, N.A., as a sub-custodian for the Fund in accordance with the provisions of Article 3.

Appears in 13 contracts

Samples: Custodian Agreement (Price T Rowe Otc Fund Inc), Custodian Agreement (Price T Rowe Spectrum Fund Inc), Custodian Agreement (Price T Rowe International Funds Inc)

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Employment of Custodian and Property to be Held. by It The Each Fund hereby employs the Custodian as the custodian of its assetsthe assets of the Fund, including securities it which the Fund desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the Governing Documents provisions of the Fund’s governing documents. The Each Fund agrees to deliver to the Custodian all securities and cash now or hereafter owned or acquired by itof the Fund, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Fund from time to time, and the cash consideration received by it for such new or treasury shares of capital stock ("Shares") or beneficial interest, as applicable, of the Fund representing interests in the Fund (“Shares”) as may be issued or sold from time to time. The Custodian shall not be responsible for any property of the a Fund held or received by the Fund and not delivered to the Custodian. With respect to domestic securities, upon Upon receipt of "Proper Instructions" (within the meaning of Article 56 of this Contract), the Custodian shall on behalf of the applicable Fund from time to time employ one or more sub-custodians custodians, located in the United States, States but only in accordance with an applicable vote by the Board of DirectorsTrustees/Trustees Directors of the Fund, applicable Fund (the “Board”) and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the CustodianCustodian and provided, and further provided further, that the Custodian foregoing shall not release affect the sub-custodian from any responsibility or liability unless mutually agreed upon by the parties in writing. With respect to foreign securities and other assets of the Fund held outside the United States, the Custodian shall as set forth in Section 14 hereof. The Custodian may employ Chase Manhattan Bank, N.A., as a sub-custodian for the Fund Fund’s foreign securities the foreign banking institutions and foreign securities depositories designated in Schedules A and B hereto but only in accordance with the provisions of Article 3Articles 3 and 4.

Appears in 2 contracts

Samples: Custodian Contract (Morgan Stanley Institutional Liquidity Funds), Custodian Contract (Morgan Stanley Institutional Fund Inc)

Employment of Custodian and Property to be Held. by It ----------------------------------------------------- The Fund hereby employs the Custodian as the custodian of its assetsthe assets of the Portfolios of the Fund, including securities it which the Fund, on behalf of the applicable Portfolio desires to be held in places within the United States ("domestic securitiesDOMESTIC SECURITIES") and securities it desires to be held outside the United States ("foreign securitiesFOREIGN SECURITIES") pursuant to the Governing Documents of the Fund). The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash now or hereafter owned or acquired by itof the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Fund Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock ("Shares") beneficial interest of the Fund representing interests in the Portfolios ("SHARES") as may be issued or sold from time to time. The Custodian shall not be responsible for any property of the Fund a Portfolio held or received by the Fund Portfolio and not delivered to the Custodian. With respect to domestic securities, upon Upon receipt of "Proper InstructionsPROPER INSTRUCTIONS" (within the meaning of Article 5as such term is defined in Section 6 hereof), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians located in the United States, but only in accordance with an applicable vote by the Board of Directors/Trustees Directors of the FundFund (the "BOARD") on behalf of the applicable Portfolio(s), and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian, and further provided that the . The Custodian shall not release the sub-custodian from any responsibility or liability unless mutually agreed upon by the parties in writing. With respect to foreign securities and other assets of the Fund held outside the United States, the Custodian shall may employ Chase Manhattan Bank, N.A., as a sub-sub- custodian for the Fund Fund's foreign securities on behalf of the applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedules A and B hereto but only in accordance with the applicable provisions of Article 3Sections 3 and 4.

Appears in 1 contract

Samples: Custodian Agreement (Security Capital U S Real Estate Shares Inc)

Employment of Custodian and Property to be Held. by It ----------------------------------------------------- The Fund hereby employs the Custodian as the custodian of its assets, including securities it desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the Governing Documents provisions of the FundArticles of Incorporation. The Fund agrees to deliver to the Custodian all securities and cash now or hereafter owned or acquired by it, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Fund from time to time, and the cash consideration received by it for such new or treasury shares of capital stock stock, $0 par value, ("Shares") of the Fund as may be issued or sold from time to time. The Custodian shall not be responsible for any property of the Fund held or received by the Fund and not delivered to the Custodian. With respect to domestic securities, upon 5 Upon receipt of "Proper Instructions" (within the meaning of Article 5), the Custodian shall from time to time employ one or more sub-custodians located in the United States, but only in accordance with an applicable vote by the Board of Directors/Trustees Directors of the Fund, and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian, and further provided that the . The Custodian shall not release the may employ as sub-custodian from any responsibility or liability unless mutually agreed upon by custodians for the parties in writing. With respect to foreign Fund's securities and other assets of the Fund held outside the United States, the Custodian shall employ Chase Manhattan Bank, N.A., as a sub-custodian for the Fund foreign banking institutions and foreign securities depositories designated in Schedule "A" hereto but only in accordance with the provisions of Article 3.

Appears in 1 contract

Samples: Gabelli International Growth Fund Inc

Employment of Custodian and Property to be Held. by It ----------------------------------------------------- The Fund hereby employs the Custodian as the custodian of its assets, including securities it desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the Governing Documents of the Fund. The Fund agrees to deliver to the Custodian all securities and cash now or hereafter owned or acquired by it, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Fund from time to time, and the cash consideration received by it for such new or treasury shares of capital stock stock, $0.001 par value, ("Shares") of the Fund as may be issued or sold from time to time. The Custodian shall not be responsible for any property of the Fund held or received by the Fund and not delivered to the Custodian. With respect to domestic securities, upon receipt the custody and disposition of "Proper Instructions" (within certain of the meaning of Article 5)Fund's assets, the Custodian shall enter into agreements substantially in the form of the Customer Agreement, Procedural Agreement and Safekeeping Agreement attached as Exhibits A, B and C, respectively. The Custodian may from time to time employ one or more sub-custodians located in the United Statescustodians, but only in accordance with an applicable vote by the Board of Directors/Trustees Directors of the Fund, and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-sub- custodian so employed than that any such sub-custodian has to the Custodian, and further provided that the Custodian shall not release the Custodian's agreement with any such sub-custodian from any responsibility or liability unless mutually agreed upon imposes on such sub- custodian responsibilities and liabilities similar in nature and scope to those imposed by the parties in writing. With this Contract with respect to foreign securities and other assets of the Fund held outside the United States, the Custodian shall employ Chase Manhattan Bank, N.A., as a functions to be performed by such sub-custodian for the Fund in accordance with the provisions of Article 3custodian.

Appears in 1 contract

Samples: Safekeeping Agreement (Heartland Group Inc)

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Employment of Custodian and Property to be Held. by It it The Fund hereby employs the Custodian as the custodian of its assets, including securities it desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the Governing Documents provisions of the FundDeclaration of Trust. The Fund agrees to deliver to the Custodian all securities and cash now or hereafter owned or acquired by it, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Fund from time to time, and the cash consideration received by it for such new or treasury shares of capital stock stock, $.10 par value, ("Shares") of the Fund as may be issued or sold from time to time. The Custodian shall not be responsible for any property of the Fund held or received by the Fund and not delivered to the Custodian. With respect to domestic securities, upon 5 Upon receipt of "Proper Instructions" (within the meaning of Article 5), the Custodian shall from time to time employ one or more sub-custodians located in the United States, but only in accordance with an applicable vote by the Board of Directors/Trustees of the Fund, and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian, and further provided that the . The Custodian shall not release the may employ as sub-custodian from any responsibility or liability unless mutually agreed upon by custodians for the parties in writing. With respect to foreign Fund's securities and other assets of the Fund held outside the United States, the Custodian shall employ Chase Manhattan Bank, N.A., as a sub-custodian for the Fund foreign banking institutions and foreign securities depositories designated in Schedule "A" hereto but only in accordance with the provisions of Article 3.

Appears in 1 contract

Samples: Merrill Lynch Strategic Dividend Fund

Employment of Custodian and Property to be Held. by It ----------------------------------------------------- The Fund hereby employs the Custodian as the custodian of its assets, including securities it desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the Governing Documents provisions of the FundArticles of Incorporation. The Fund agrees to deliver to the Custodian all securities and cash now or hereafter owned or acquired by it, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Fund from time to time, and the cash consideration received by it for such new or treasury shares of capital stock stock, $ par value, ("Shares") of the Fund as may be issued or sold from time to time. The Custodian shall not be responsible for any property of the Fund held or received by the Fund and not delivered to the Custodian. With respect to domestic securities, upon 5 Upon receipt of "Proper Instructions" (within the meaning of Article 5), the Custodian shall from time to time employ one or more sub-custodians located in the United States, but only in accordance with an applicable vote by the Board of Directors/Trustees Directors of the Fund, and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian, and further provided that the . The Custodian shall not release the may employ as sub-custodian from any responsibility or liability unless mutually agreed upon by custodians for the parties in writing. With respect to foreign Fund's securities and other assets of the Fund held outside the United States, the Custodian shall employ Chase Manhattan Bank, N.A., as a sub-custodian for the Fund foreign banking institutions and foreign securities depositories designated in Schedule "A" hereto but only in accordance with the provisions of Article 3.

Appears in 1 contract

Samples: Gabelli Gold Fund Inc

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