Common use of Agents Clause in Contracts

Agents. the Trust may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the Trust’s behalf, except that the Custodian reserves the right to prohibit the Trust’s use of any particular Agent for any reason. The Trust shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the Trust. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust that the Agent continues to be duly authorized by the Trust to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the Trust, and the Trust shall be bound thereby whether or not authorized. The Trust may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the Trust’s behalf. Upon cessation of any such Agent's services, the Trust shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 12 contracts

Samples: Custody Agreement (ETFis Series Trust I), Custody Agreement (ETFis Series Trust I), Custody Agreement (ETFis Series Trust I)

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Agents. the Trust Fund may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the TrustFund’s behalf, except that the Custodian reserves the right to prohibit the TrustFund’s use of any particular Agent for any reason. The Trust Fund shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustFund, and the Trust Fund shall be bound thereby whether or not authorized. The Trust Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the TrustFund’s behalf. Upon cessation of any such Agent's services, the Trust Fund shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 12 contracts

Samples: Custody Agreement (Bennett Group Master Funds), Custody Agreement (Bennett Global Funds), Custody Agreement (Stone Harbor Investment Funds)

Agents. the Trust Fund may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the TrustFund’s behalf, except that the Custodian reserves the right to prohibit the TrustFund’s use of any particular Agent for any reason. The Trust Fund shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustFund, and the Trust Fund shall be bound thereby whether or not authorized. The Trust Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the TrustFund’s behalf. Upon cessation of any such Agent's ’s services, the Trust Fund shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 11 contracts

Samples: Custody Agreement (Bluepoint Investment Series Trust), Custody Agreement (GLG Investment Series Trust), Custody Agreement (Crescent Capital Finance Group, Inc.)

Agents. the Trust may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the Trust’s behalf, except that the Custodian reserves the right to prohibit the Trust’s use of any particular Agent for any reason. The Trust shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the Trust. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust that the Agent continues to be duly authorized by the Trust to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the Trust, and the Trust shall be bound thereby whether or not authorized. The Trust may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the Trust’s behalf. Upon cessation of any such Agent's ’s services, the Trust shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 10 contracts

Samples: Custody Agreement (Reality Shares ETF Trust), Custody Agreement (Reality Shares ETF Trust), Custody Agreement (Financial Investors Variable Insurance Trust)

Agents. the Trust Fund may, on advance written notice to the Custodian, permit its agents and contractors ("Agents") to access and use the Electronic Services on the Trust’s Fund's behalf, except that the Custodian reserves the right to prohibit the Trust’s Fund's use of any particular Agent for any reason. The Trust Fund shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustFund, and the Trust Fund shall be bound thereby whether or not authorized. The Trust Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the Trust’s Fund's behalf. Upon cessation of any such Agent's services, the Trust Fund shall promptly terminate such Agent’s 's access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 9 contracts

Samples: Custody Agreement (First Trust Series Fund), Custody Agreement (First Trust Series Fund), Custody Agreement (First Trust Variable Insurance Trust)

Agents. the Trust The Fund may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the TrustFund’s behalf, except that the Custodian reserves the right to prohibit the TrustFund’s use of any particular Agent for any reason. The Trust Fund shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustFund, and the Trust Fund shall be bound thereby whether or not authorized. The Trust Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the TrustFund’s behalf. Upon cessation of any such Agent's ’s services, the Trust Fund shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 9 contracts

Samples: Custody Agreement (Sit Mutual Funds Inc), Custody Agreement (TPG Specialty Lending, Inc.), Custody Agreement (Plan Investment Fund Inc)

Agents. the Trust Fund may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the TrustFund’s behalf, except that the Custodian reserves the right to prohibit the TrustFund’s use of any particular Agent for any reason. The Trust Fund shall require its Agent(s) to agree in writing to be bound by the applicable terms of the Agreement, and the Trust Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each Unless the Fund has previously notified the Custodian that an Agent is no longer permitted to access and use the Electronic Services on the Fund’s behalf, each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Unless the Fund has previously notified the Custodian that an Agent is no longer permitted to access and use the Electronic Services on the Fund’s behalf, any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustFund, and the Trust Fund shall be bound thereby whether or not authorized. The Trust Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the TrustFund’s behalf. Upon cessation of any such Agent's ’s services, the Trust Fund shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 5 contracts

Samples: Master Custody Agreement (Virtus Global Multi-Sector Income Fund), Master Custody Agreement (Zweig Total Return Fund Inc), Master Custody Agreement (Virtus Equity Trust)

Agents. the Trust Each Fund may, on advance written notice to the CustodianBNYM, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the Trustapplicable Fund’s behalf, except that the Custodian BNYM reserves the right to prohibit the Trustapplicable Fund’s use of any particular Agent for any reason. The Trust applicable Fund shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust said Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian BNYM may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the Trustapplicable Fund, and the Trust applicable Fund shall be bound thereby whether or not authorized. The Trust Each Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the Trustapplicable Fund’s behalf. Upon cessation of any such Agent's ’s services, the Trust applicable Fund shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian BNYM and return them to CustodianBNYM. The following persons, whether or not an officer or employee of the Funds, are hereby designated Authorized Persons under the Administrative Services Agreement dated as of , 2013, between the Funds and BNY Mellon Investment Servicing (US) Inc. (“BNYM”). Name Company Signature Phone No.

Appears in 3 contracts

Samples: Administrative Services Agreement (Grosvenor Registered Multi-Strategy Fund (W), LLC), Administrative Services Agreement (Grosvenor Registered Multi-Strategy Fund (Ti 1), LLC), Administrative Services Agreement (Grosvenor Registered Multi-Strategy Fund (Ti 2), LLC)

Agents. the Trust The Fund may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the TrustFund’s behalf, except that the Custodian reserves the right to prohibit the TrustFund’s use of any particular Agent for any reason. The Trust Fund shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustFund, and the Trust Fund shall be bound thereby whether or not authorized. The Trust Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the TrustFund’s behalf. Upon cessation of any such Agent's ’s services, the Trust Fund shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.destroy

Appears in 3 contracts

Samples: Custody Agreement (Ook Inc), Custody Agreement (Ook Inc), Custody Agreement (Ook Inc)

Agents. the Trust Each Fund may, on advance written notice to the CustodianBNYM, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the Trustapplicable Fund’s behalf, except that the Custodian BNYM reserves the right to prohibit the Trustapplicable Fund’s use of any particular Agent for any reason. The Trust applicable Fund shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust said Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each submission of a Written an Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian BNYM may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the Trustapplicable Fund, and the Trust applicable Fund shall be bound thereby whether or not authorized. The Trust Each Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the Trustapplicable Fund’s behalf. Upon cessation of any such Agent's ’s services, the Trust applicable Fund shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian BNYM and return them to CustodianBNYM. The following persons, whether or not an officer or employee of the Funds, are hereby designated Authorized Persons under the Services Agreement dated as of , 2011, between the Funds and The Bank of New York Mellon, through its Alternative Investment Services Division (“BNYM-AIS”).

Appears in 3 contracts

Samples: Services Agreement (Permal Hedge Strategies Fund II), Services Agreement (Permal Hedge Strategies Portfolio), Services Agreement (Permal Hedge Strategies Fund)

Agents. the Trust Fund may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the TrustFund’s behalf, except that the Custodian reserves the right to prohibit the TrustFund’s use of any particular Agent for any reason. The Trust Fund shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustFund, and the Trust Fund shall be bound thereby whether or not authorized. The Trust Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the TrustFund’s behalf. Upon cessation of any such Agent's ’s services, the Trust Fund shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.. Xxxxxxxx Xxxxx-Cap Fund, Inc. Sxxxxxxx Real Estate Fund, Inc. The Sxxxxxxx Funds, Inc. Dear Sir/Madam: This letter constitutes our agreement with respect to compensation to be paid to The Bank of New York Mellon (“Custodian”) under the terms of a Custody Agreement dated as of November 1, 2011 between Custodian and each investment company listed on the signature page to the Agreement (each, a “Fund” and together the “Funds”), as amended from time to time (the “Agreement”) for services provided on behalf of each Fund’s portfolios (the “Portfolios”). Pursuant to the Agreement, and in consideration of the services to be provided to each Portfolio, you will pay Custodian certain fees and out-of-pocket and other charges as follows:

Appears in 3 contracts

Samples: Custody Agreement (Stratton Funds, Inc.), Custody Agreement (Stratton Real Estate Fund, Inc.), Custody Agreement (Stratton Multi-Cap Fund, Inc.)

Agents. the Trust The Fund may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the TrustFund’s behalf, except that the Custodian reserves the right to prohibit the TrustFund’s use of any particular Agent for any reason. The Trust Fund shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustFund, and the Trust Fund shall be bound thereby whether or not authorized. The Trust Fund may, subject to the terms of this Agreement and upon advance written notice to the BankCustodian, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the TrustFund’s behalf. Upon cessation of any such Agent's ’s services, the Trust Fund shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 2 contracts

Samples: Custody Agreement (IndexIQ ETF Trust), Custody Agreement (IndexIQ Trust)

Agents. the The Trust may, on advance written notice to the Custodian, permit its Trust agents and contractors (“Agents”) to access and use the Electronic Services on the Trust’s behalf, except that the Custodian reserves the right to prohibit the Trust’s use of any particular Agent for any reason. The Trust shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the Trust. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust that the Agent continues to be duly authorized by the Trust to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the Trust, and the Trust shall be bound thereby whether or not authorized. The Trust may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the Trust’s behalf. Upon cessation of any such Agent's ’s services, the Trust shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 2 contracts

Samples: Custody Agreement (Columbia ETF Trust), Custody Agreement (Grail Advisors ETF Trust)

Agents. the Trust The Fund may, on advance written notice to the Custodian, permit its agents and contractors ("Agents") to access and use the Electronic Services on the Trust’s Fund's behalf, except that the Custodian reserves the right to prohibit the Trust’s Fund's use of any particular Agent for any reason. The Trust Fund shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustFund, and the Trust Fund shall be bound thereby whether or not authorized. The Trust the Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the Trust’s Fund's behalf. Upon cessation of any such Agent's services, the Trust Fund shall promptly terminate such Agent’s 's access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 2 contracts

Samples: Custody Agreement (YieldQuest Funds Trust), Custody Agreement (YieldQuest Funds Trust)

Agents. the Each Trust may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the Trust’s behalf, except that the Custodian reserves the right to prohibit the Trust’s use of any particular Agent for any reason. The Each Trust shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustTrusts. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Trusts that the Agent continues to be duly authorized by the Trust to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustTrusts, and the Trust Trusts shall be bound thereby whether or not authorized. The Each Trust may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the Trust’s behalf. Upon cessation of any such Agent's services, the each Trust shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 2 contracts

Samples: Custody Agreement (XTF Investors Trust), Custody Agreement (XTF Advisors Trust)

Agents. the Trust Fund may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the TrustFund’s behalf, except that the Custodian reserves the right to prohibit the TrustFund’s use of any particular Agent for any reason. The Trust Fund shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustFund, and the Trust Fund shall be bound thereby whether or not authorized. The Trust Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the TrustFund’s behalf. Upon cessation of any such Agent's ’s services, the Trust Fund shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 1 contract

Samples: Custody Agreement (FS Energy & Power Fund)

Agents. the Trust The Fund may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the TrustFund’s behalf, except that the Custodian reserves the right to prohibit the TrustFund’s use of any particular Agent for any reason. The Trust Fund shall require its Agent(s) to agree in writing to be bound by the applicable terms of the Agreement, and the Trust Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each Unless the Fund has previously notified the Custodian that an Agent is no longer permitted to access and use the Electronic Services on the Fund’s behalf, each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Unless the Fund has previously notified the Custodian that an Agent is no longer permitted to access and use the Electronic Services on the Fund’s behalf, any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustFund, and the Trust Fund shall be bound thereby whether or not authorized. The Trust Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the TrustFund’s behalf. Upon cessation of any such Agent's ’s services, the Trust Fund shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 1 contract

Samples: Master Custody Agreement (Phoenix Edge Series Fund)

Agents. the The Trust may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the Trust’s behalf, except that the Custodian reserves the right to prohibit the Trust’s use of any particular Agent for any reason. The Trust shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the Trust. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust that the Agent continues to be duly authorized by the Trust to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the Trust, and the Trust shall be bound thereby whether or not authorized. The Trust may, subject to the terms of this Agreement and upon advance written notice to the BankCustodian, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the Trust’s behalf. Upon cessation of any such Agent's ’s services, the Trust shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 1 contract

Samples: Custody Agreement (IndexIQ Active ETF Trust)

Agents. the Trust The Fund may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the TrustFund’s behalf, except that the Custodian reserves the right to prohibit the TrustFund’s use of any particular Agent for any reason. The Trust Fund shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustFund, and the Trust Fund shall be bound thereby whether or not authorized. The Trust Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the TrustFund’s behalf. Upon cessation of any such Agent's services, the Trust Fund shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 1 contract

Samples: Custody Agreement (TD Asset Management USA Funds Inc.)

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Agents. the Trust The Fund may, on advance written notice to the CustodianBNYM, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the TrustFund’s behalf, except that the Custodian BNYM reserves the right to prohibit the TrustFund’s use of any particular Agent for any reason. The Trust Fund shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust said Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each submission of a Written an Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian BNYM may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustFund, and the Trust Fund shall be bound thereby whether or not authorized. The Trust Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the TrustFund’s behalf. Upon cessation of any such Agent's ’s services, the Trust Fund shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.the

Appears in 1 contract

Samples: Accounting and Investor Services Agreement (J.P. Morgan Access Multi-Strategy Fund II)

Agents. the Trust The Fund may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the TrustFund’s behalf, except that the Custodian reserves the right to prohibit the TrustFund’s use of any particular Agent for any reason. The Trust Fund shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustFund, and the Trust Fund shall be bound thereby whether or not authorized. The Trust Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the TrustFund’s behalf. Upon cessation of any such Agent's ’s services, the Trust Fund shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian. This Appendix II shall govern the providing of Foreign Custody Manager services by Custodian to the Fund. In the event of any conflict between the terms of this Appendix II and the main body of the Agreement with respect to the Foreign Custody Manager services as herein described, the terms of this Appendix II shall control.

Appears in 1 contract

Samples: Custody Agreement (Plainfield Direct Inc)

Agents. the Trust Huntington may, on advance written notice to the Custodian, permit its agents and contractors ("Agents") to access and use the Electronic Services on the Trust’s Huntington's behalf, except that the Custodian reserves the right to prohibit the Trust’s Huntington's use of any particular Agent for any reason. The Trust Huntington shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust Huntington shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustHuntington. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Huntington that the Agent continues to be duly authorized by the Trust Huntington to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustHuntington, and the Trust Huntington shall be bound thereby whether or not authorized. The Trust Huntington may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the Trust’s Huntington's behalf. Upon cessation of any such Agent's services, the Trust Huntington shall promptly terminate such Agent’s 's access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 1 contract

Samples: Foreign Custody Agreement (Huntington Va Funds)

Agents. the Trust may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the Trust’s behalf, behalf except that the Custodian reserves the right to prohibit the Trust’s use of any particular Agent for any reason. The Trust shall require its Agent(s) to agree in writing to be he bound by the terms of the Agreement, and the Trust shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the Trust. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust that the Agent continues to be duly authorized by the Trust to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the Trust, and the Trust shall be he bound thereby whether or not authorized. The Trust may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the Trust’s behalf. Trusts behalf Upon cessation of any such Agent's Agents services, the Trust shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 1 contract

Samples: Custody Agreement (U.S. One Trust)

Agents. the Trust The Fund may, on advance written notice to the CustodianBNYM, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the TrustFund’s behalf, except that the Custodian BNYM reserves the right to prohibit the TrustFund’s use of any particular Agent for any reason. The Trust Fund shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian BNYM may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustFund, and the Trust Fund shall be bound thereby whether or not authorized. The Trust Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the TrustFund’s behalf. Upon cessation of any such Agent's services, the Trust Fund shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian BNYM and return them to CustodianBNYM.

Appears in 1 contract

Samples: Custody Agreement (Global Chartist Fund, LLC)

Agents. the The Trust may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the Trust’s behalf, except that the Custodian reserves the right to prohibit the Trust’s use of any particular Agent for any reason. The Trust shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the Trust. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust that the Agent continues to be duly authorized by the Trust to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the Trust, and the Trust shall be bound thereby whether or not authorized. The Trust may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the Trust’s behalf. Upon cessation of any such Agent's ’s services, the Trust shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 1 contract

Samples: Custody Agreement (DBX ETF Trust)

Agents. the Trust Each Fund may, on advance written notice to the CustodianBNYM, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the Trustapplicable Fund’s behalf, except that the Custodian BNYM reserves the right to prohibit the Trustapplicable Fund’s use of any particular Agent for any reason. The Trust applicable Fund shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust said Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each submission of a Written an Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian BNYM may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the Trustapplicable Fund, and the Trust applicable Fund shall be bound thereby whether or not authorized. The Trust Each Fund may, subject to the terms of this Agreement and upon advance written notice to the BankBNYM, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the Trustapplicable Fund’s behalf. Upon cessation of any such Agent's services, the Trust applicable Fund shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian BNYM and return them to CustodianBNYM.

Appears in 1 contract

Samples: Administrative Services Agreement (ASGI Agility Income Fund)

Agents. the Trust Corporation may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the TrustCorporation’s behalf, except that the Custodian reserves the right to prohibit the TrustCorporation’s use of any particular Agent for any reason. The Trust Corporation shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust Corporation shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustCorporation. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Corporation that the Agent continues to be duly authorized by the Trust Corporation to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustCorporation, and the Trust Corporation shall be bound thereby whether or not authorized. The Trust Corporation may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the TrustCorporation’s behalf. Upon cessation of any such Agent's ’s services, the Trust Corporation shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 1 contract

Samples: Custody Agreement (Gladstone Capital Corp)

Agents. the Trust The Company may, on advance written notice to the Custodian, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the TrustCompany’s behalf, except that the Custodian reserves the right to prohibit the TrustCompany’s use of any particular Agent for any reason. The Trust Company shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust Company shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustCompany. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Company that the Agent continues to be duly authorized by the Trust Company to so act on its behalf and the Custodian may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustCompany, and the Trust Company shall be bound thereby whether or not authorized. The Trust Company may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the TrustCompany’s behalf. Upon cessation of any such Agent's ’s services, the Trust Company shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian and return them to Custodian.

Appears in 1 contract

Samples: Custody Agreement (Trian Capital Corp)

Agents. the Trust Each Fund may, on advance written notice to the CustodianBNYM, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the Trustapplicable Fund’s behalf, except that the Custodian BNYM reserves the right to prohibit the Trustapplicable Fund’s use of any particular Agent for any reason. The Trust applicable Fund shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust said Fund shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFund. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Fund that the Agent continues to be duly authorized by the Trust Fund to so act on its behalf and the Custodian BNYM may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the Trustapplicable Fund, and the Trust applicable Fund shall be bound thereby whether or not authorized. The Trust Each Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the Trustapplicable Fund’s behalf. Upon cessation of any such Agent's ’s services, the Trust applicable Fund shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian BNYM and return them to CustodianBNYM. The following persons, whether or not an officer or employee of the Funds, are hereby designated Authorized Persons under the Administrative Services Agreement dated as of , 2013, between the Funds and BNY Mellon Investment Servicing (US) Inc. (“BNYM”).

Appears in 1 contract

Samples: Administrative Services Agreement (Grosvenor Registered Multi-Strategy Fund (Ti 2), LLC)

Agents. the Trust The Funds may, on advance written notice to the CustodianBNYM, permit its agents and contractors (“Agents”) to access and use the Electronic Services on the Trust’s Funds’ behalf, except that the Custodian BNYM reserves the right to prohibit the Trust’s Funds’ use of any particular Agent for any reason. The Trust Funds shall require its Agent(s) to agree in writing to be bound by the terms of the Agreement, and the Trust Funds shall be liable and responsible for any act or omission of such Agent in the same manner, and to the same extent, as though such act or omission were that of the TrustFunds. Each submission of a Written Instruction or other communication by the Agent through the Electronic Services shall constitute a representation and warranty by the Trust Funds that the Agent continues to be duly authorized by the Trust Funds to so act on its behalf and the Custodian BNYM may rely on the representations and warranties made herein in complying with such Written Instruction or communication. Any Written Instruction or other communication through the Electronic Services by an Agent shall be deemed that of the TrustFunds, and the Trust Funds shall be bound thereby whether or not authorized. The Trust Funds may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Electronic Service user manuals to its Agent if the Agent requires such copies to use the Electronic Services on the Trust’s Funds’ behalf. Upon cessation of any such Agent's services, the Trust Funds shall promptly terminate such Agent’s access to the Electronic Services, retrieve from the Agent any copies of the manuals and destroy them, and retrieve from the Agent any token cards or other security devices provided by Custodian BNYM and return them to CustodianBNYM. The following persons, whether or not an officer or employee of the ______ (“Fund”), are hereby designated Authorized Persons under the Administrative Services Agreement dated as of __________, 2011, between the Fund and The Bank of New York Mellon Name Company Signature Phone No.

Appears in 1 contract

Samples: Administrative Services Agreement (BlackRock Alternatives Allocation Portfolio LLC)

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