Common use of Selection of Eligible Foreign Custodian Clause in Contracts

Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian; provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including, without limitation: (i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Eligible Securities Depository, the method of keeping custodial records, and the security and data protection practices; (ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets; (iii) The Eligible Foreign Custodian's general reputation and standing; and (iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. 2 <PAGE> The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.

Appears in 13 contracts

Samples: Country Subcustodian Depositories (Vanguard Tax-Managed Funds), Country Subcustodian Depositories (Vanguard International Equity Index Funds), Country Subcustodian Depositories (Vanguard Windsor Funds)

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Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Funds' Assets with an Eligible Foreign Custodian; provided that that, the Delegate shall have determined be required to determine that the Fund's Funds' Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets includingassets, including without limitation: (i) The Eligible Foreign Custodian's practices, procedures, ,and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Eligible Securities Depository, the method of keeping custodial records, and the security and data protection practices; (ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Funds' Assets; (iii) The Eligible Foreign Custodian's general reputation and standing; and (iv) Whether the Fund Funds will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. 2 <PAGE> The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.such

Appears in 1 contract

Samples: Delegation Agreement (Pear Tree Funds)

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Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian; provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including, without limitation: (i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Eligible Securities Depository, the method of keeping custodial records, and the security and data protection practices; (ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets; (iii) The Eligible Foreign Custodian's general reputation and standing; and (iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. 2 <PAGE> The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.. (b)

Appears in 1 contract

Samples: Custodian Agreement

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