Liability of Foreign Subcustodians. Each agreement pursuant to which State Street employs a foreign banking institution as a Foreign Subcustodian shall require the institution to exercise reasonable care in the performance of its duties and to indemnify, and hold harmless, State Street and Fund from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the institution's performance of such obligations. At the election of the Fund, it shall be entitled to be subrogated to the rights of State Street with respect to any claims against a foreign banking institution as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.
Liability of Foreign Subcustodians. Each agreement pursuant to which the Custodian employs a foreign banking institution as a foreign subcustodian shall require the institution to exercise reasonable care in the performance of its duties and to indemnify, and hold harmless, the Custodian and each Fund from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the institution’s performance of such obligations. At the election of the Trust, it shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a foreign banking institution as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Trust has not been made whole for any such loss, damage, cost, expense, liability or claim.
Liability of Foreign Subcustodians. Each agreement pursuant to which the Bank employs a foreign Subcustodian shall, to the extent possible, require the foreign Subcustodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Bank from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the foreign Subcustodian’s performance of such obligations. Without in any way limiting any rights of Customer under applicable law, if permitted under the terms of the applicable subcustodian agreement and at Customer’s election, it shall be entitled to be subrogated to the rights of the Bank with respect to any claims against a foreign Subcustodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Customer has not been made whole for any such loss, damage, cost, expense, liability or claim.
Liability of Foreign Subcustodians. Each agreement pursuant to which the Custodian employs a foreign banking institution or foreign trust company as a foreign subcustodian shall require the subcustodian to exercise reasonable care in the performance of its duties and to indemnify , and hold harmless, the Custodian and the Fund from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the institution's performance of such obligations. At the election of the Fund, it shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a foreign banking institution or foreign trust company as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.
