Common use of Appointment of Subcustodian Clause in Contracts

Appointment of Subcustodian. 1. Notwithstanding any other provisions of this Agreement, all or any of the monies or securities of Fund may be held in Custodian's own custody or in the custody of one or more other banks or trust companies selected by Custodian. Any such subcustodian selected by the Custodian must have the qualifications required for custodian under the Investment Company Act of 1940, as amended. Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any subcustodians selected and appointed by Custodian (except subcustodians appointed at the request of Fund and as provided in Subsection 2 below) to the same extent Custodian would be responsible to the Fund under Section 5. of this Agreement if it committed the act or omission itself. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the -13- Custodian for purposes of (i) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (ii) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (iii) for other reasonable purposes specified by Fund; provided, however, that the Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any such subcustodian only to the same extent such subcustodian is responsible to the Custodian. The Fund shall be entitled to review the Custodian's contracts with any such subcustodians appointed at the request of Fund. 2. Notwithstanding any other provisions of this Agreement, Fund's foreign securities (as defined in Rule 17f- 5(c)(1) under the Investment Company Act of 1940) and Fund's cash or cash equivalents, in amounts reasonably necessary to effect Fund's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as subcustodians, according to Section 3.

Appears in 2 contracts

Samples: Custody Agreement (Berger One Hundred & One Fund Inc), Custody Agreement (One Hundred Fund Inc /Co)

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Appointment of Subcustodian. 1. Notwithstanding any other provisions of this Agreement, all or any of the monies or securities of Fund may be held in Custodian's own custody or in the custody of one or more other banks or trust companies acting as sub custodians as may be selected by Custodian. Any such subcustodian selected by the Custodian must have the qualifications required for a custodian under the Investment Company Act of 19401940 Act, as amended. Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any subcustodians selected and appointed by Custodian (except subcustodians appointed at the request of Fund and as provided in Subsection 2 below) to the same extent Custodian would be responsible to the Fund under Section 5. of this Agreement if it committed the act or omission itself. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the -13- Custodian for purposes of (i) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (ii) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (iii) for other reasonable purposes specified by Fund; provided, however, that the Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any such subcustodian only to the same extent such subcustodian is responsible to the Custodian. The Fund shall be entitled to review the Custodian's contracts with any such subcustodians appointed at the request of Fund. Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any Depository only to the same extent such Depository is responsible to Custodian. 2. Notwithstanding any other provisions of this Agreement, Fund's foreign securities (as defined in Rule 17f- 5(c)(117f-5(c)(1) under the Investment Company Act of 19400000 Xxx) and Fund's cash or cash equivalents, in amounts deemed by the Fund to be reasonably necessary to effect Fund's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as subcustodians, according and thereafter, pursuant to Section 3.a written contract or contracts as approved by Fund's Board of Directors, may be transferred to accounts maintained by any such subcustodian with eligible foreign custodians, as defined in Rule 17f-5(c)

Appears in 1 contract

Samples: Custody and Investment Accounting Agreement (State Bond Money Funds Inc)

Appointment of Subcustodian. 1. Notwithstanding any other provisions of this Agreement, all or any of the monies or securities of Fund may be held in Custodian's own custody or in the custody of one or more other banks or trust companies selected by Custodian. Any such subcustodian selected by the Custodian must have the qualifications required for custodian under the Investment Company Act of 1940, as amended. Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any subcustodians selected and appointed by Custodian (except subcustodians appointed at the request of Fund and as provided in Subsection 2 below) to the same extent Custodian would be responsible to the Fund under Section 5. of this Agreement if it committed the act or omission itself. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the -13- Custodian for purposes of (i) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (ii) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (iii) for other reasonable purposes specified by Fund; provided, however, that the Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any such subcustodian only to the same extent such subcustodian is responsible to the Custodian. The Fund shall be entitled to review the Custodian's contracts with any such subcustodians appointed at the request of Fund. 2. Notwithstanding any other provisions of this Agreement, Fund's foreign securities (as defined in Rule 17f- 5(c)(117f-5(c)(1) under the Investment Company Act of 1940) and Fund's cash or cash equivalents, in amounts reasonably necessary to effect Fund's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as subcustodians, according to Section 3.

Appears in 1 contract

Samples: Custody Agreement (Berger Biam Worldwide Portfolios Trust)

Appointment of Subcustodian. 1. Notwithstanding any other provisions of this Agreement, all or any of the monies or securities of Fund may be held in Custodian's Custodian s own custody or in the custody of one or more other banks or trust companies acting as subcustodians as may be selected by Custodian. Custodian shall be responsible for the actions of any subcustodian appointed by Custodian (except any subcustodian appointed at the instruction of the Fund as provided below and as provided in Section S.2. below) to the same extent Custodian is responsible to the Fund by Section 5. of this Agreement. Any such subcustodian selected by the Custodian must have the qualifications required for custodian under the Investment Company Act of 19401940 Act, as amended. Custodian shall be is not responsible for DTC, the Treasury/Federal Reserve Book Entry System, and PTC except to the extent such entities are responsible to Custodian; provided, however, that the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions foregoing shall not relieve Custodian of any subcustodians selected and appointed by Custodian (except subcustodians appointed at the request of Fund and as provided in Subsection 2 below) its liability hereunder to the same extent Custodian would be responsible attributable to the Fund under Section 5. of this Agreement if it committed the act its own negligence or omission itselfbad faith. Upon request instruction of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the -13- Custodian for purposes of (i) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (ii) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (iii) for other reasonable purposes specified by Fund; provided, however, that the Custodian shall will be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any such subcustodian only to the same extent such subcustodian is responsible to the Custodian; and provided, further, however, that the foregoing shall not relieve Custodian of its liability hereunder to the extent attributable to its own negligence or bad faith. The Fund shall be entitled to review the Custodian's contracts with any such subcustodians subcustodian appointed at the request instruction of Fund. 2. Notwithstanding any other provisions of this Agreement, Fund's foreign securities (as defined in Rule 17f- 5(c)(1) under the Investment Company Act of 1940) and Fund's cash or cash equivalents, in amounts reasonably necessary to effect Fund's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as subcustodians, according to Section 3.

Appears in 1 contract

Samples: Custody Agreement (Mentor Institutional Trust)

Appointment of Subcustodian. 1. Notwithstanding any other provisions of this Agreement, all or any of the monies or securities of Fund may be held in Custodian's own custody or in the custody of one or more other banks or trust companies acting as subcustodians as may be selected by Custodian. Custodian shall be responsible for the actions of any subcustodian appointed by Custodian (except any subcustodian appointed at the instruction of the Fund as provided below and as provided in Section S.2. below) to the same extent Custodian is responsible to the Fund under Section 5. of this Agreement. Any such subcustodian selected by the Custodian must have the qualifications required for custodian under the Investment Company Act of 1940, as amended1940 Act. Custodian shall be is not responsible for DTC, the Treasury/Federal Reserve Book Entry System, and PTC except to the extent such entities are responsible to Custodian; provided, however, that the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions foregoing shall not relieve Custodian of any subcustodians selected and appointed by Custodian (except subcustodians appointed at the request of Fund and as provided in Subsection 2 below) its liability hereunder to the same extent Custodian would be responsible attributable to the Fund under Section 5. of this Agreement if it committed the act its own negligence or omission itselfbad faith. Upon request instruction of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the -13- Custodian for purposes of (i) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (ii) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (iii) for other reasonable purposes specified by Fund; provided, however, that the Custodian shall will be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any such subcustodian only to the same extent such subcustodian is responsible to the Custodian; and provided, further, however, that the foregoing shall not relieve Custodian of its liability hereunder to the extent attributable to its own negligence or bad faith. The Fund shall be entitled to review the Custodian's contracts with any such subcustodians subcustodian appointed at the request instruction of Fund. 2. Notwithstanding any other provisions of this Agreement, Fund's foreign securities (as defined in Rule 17f- 5(c)(117f-5(c)(1) under the Investment Company Act of 19401940 Act) and Fund's cash or cash equivalentsexxxxxxxxts, in amounts deemed by the Fund to be reasonably necessary to effect Fund's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as subcustodians, according to Section 3.

Appears in 1 contract

Samples: Custody Agreement (Americas Utility Fund Inc)

Appointment of Subcustodian. 1. Notwithstanding any other provisions of this Agreement, all or any of the monies or securities of Fund may be held in Custodian's own custody or in the custody of one or more other banks or trust companies acting as subcustodians as may be selected by Custodian. Custodian shall be responsible for the actions of any subcustodian appointed by Custodian (except any subcustodian appointed at the instruction of the Fund as provided below and as provided in Section S.2. below) to the same extent Custodian is responsible to the Fund under Section 5. of this Agreement. Any such subcustodian selected by the Custodian must have the qualifications required for custodian under the Investment Company Act of 1940, as amended1940 Act. Custodian shall be is not responsible for DTC, the Treasury/Federal Reserve Book Entry System, and PTC except to the extent such entities are responsible to Custodian; provided, however, that the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions foregoing shall not relieve Custodian of any subcustodians selected and appointed by Custodian (except subcustodians appointed at the request of Fund and as provided in Subsection 2 below) its liability hereunder to the same extent Custodian would be responsible attributable to the Fund under Section 5. of this Agreement if it committed the act its own negligence or omission itselfbad faith. Upon request instruction of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the -13- Custodian for purposes of (i) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (ii) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (iii) for other reasonable purposes specified by Fund; provided, however, that the Custodian shall will be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any such subcustodian only to the same extent such subcustodian is responsible to the Custodian; and provided, further, however, that the foregoing shall not relieve Custodian of its liability hereunder to the extent attributable to its own negligence or bad faith. The Fund shall be entitled to review the Custodian's contracts with any such subcustodians subcustodian appointed at the request instruction of Fund. 2. Notwithstanding any other provisions of this Agreement, Fund's foreign securities (as defined in Rule 17f- 5(c)(117f-5(c)(1) under the Investment Company Act of 19400000 Xxx) and Fund's cash or cash equivalents, in amounts deemed by the Fund to be reasonably necessary to effect Fund's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as subcustodians, according to Section 3.

Appears in 1 contract

Samples: Custody Agreement (Mentor Variable Investment Portfolios)

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Appointment of Subcustodian. 1. Notwithstanding any other provisions of this Agreement, all or any of the monies or securities of Fund may be held in Custodian's own custody or in the custody of one or more other banks or trust companies acting as sub custodians as may be selected by Custodian. Any such subcustodian selected by the Custodian must have the qualifications required for a custodian under the Investment Company Act of 19401940 Act, as amended. Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any subcustodians selected and appointed by Custodian (except subcustodians appointed at the request of Fund and as 15 provided in Subsection 2 below) to the same extent Custodian would be responsible to the Fund under Section 5. of this Agreement if it committed the act or omission itself. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the -13- Custodian for purposes of (i) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (ii) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (iii) for other reasonable purposes specified by Fund; provided, however, that the Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any such subcustodian only to the same extent such subcustodian is responsible to the Custodian. The Fund shall be entitled to review the Custodian's contracts with any such subcustodians appointed at the request of Fund. Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any Depository only to the same extent such Depository is responsible to Custodian. 2. Notwithstanding any other provisions of this Agreement, Fund's foreign securities (as defined in Rule 17f- 5(c)(117f-5(c)(1) under the Investment Company Act of 19400000 Xxx) and Fund's cash or cash equivalents, in amounts deemed by the Fund to be reasonably necessary to effect Fund's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as subcustodians, according and thereafter, pursuant to Section 3a written contract or contracts as approved by Fund's Board of Directors, may be transferred to accounts maintained by any such subcustodian with eligible foreign custodians, as defined in Rule 17f-5(c)(2). 16 Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any foreign subcustodian only to the same extent the foreign subcustodian is liable to the domestic subcustodian with which the Custodian contracts for foreign subcustody purposes.

Appears in 1 contract

Samples: Custody and Investment Accounting Agreement (State Bond U S Government Securities Fund Inc)

Appointment of Subcustodian. 1. Notwithstanding any other provisions of this Agreement, all or any of the monies or securities of Fund may be held in Custodian's own custody or in the custody of one or more other banks or trust companies acting as sub custodians as may be selected by Custodian. Any such subcustodian selected by the Custodian must have the qualifications required for a custodian under the Investment Company Act of 19401940 Act, as amended. Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any subcustodians selected and appointed by Custodian (except subcustodians appointed at the request of Fund and as provided in Subsection 2 below) to the same extent Custodian would be responsible to the Fund under Section 5. of this Agreement if it committed the act or omission itself. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the -13- Custodian for purposes of (i) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (ii) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (iii) for other reasonable purposes specified by Fund; provided, however, that the Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any such subcustodian only to the same extent such subcustodian is responsible to the Custodian. The Fund shall be entitled to review the Custodian's contracts with any such subcustodians appointed at the request of Fund. Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any Depository only to the same extent such Depository is responsible to Custodian. 2. Notwithstanding any other provisions of this Agreement, Fund's foreign securities (as defined in Rule 17f- 5(c)(117f-5(c)(1) under the Investment Company Act of 19400000 Xxx) and Fund's cash or cash equivalents, in amounts deemed by the Fund to be reasonably necessary to effect Fund's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as subcustodians, according to Section 3.the

Appears in 1 contract

Samples: Custody and Investment Accounting Agreement (State Bond Diversified Fund Inc)

Appointment of Subcustodian. 1. Notwithstanding any other provisions of this Agreement, all or any of the monies or securities of Fund may be held in Custodian's own custody or in the custody of one or more other banks or trust companies acting as subcustodians as may be selected by Custodian. Any such subcustodian selected by the Custodian must have the qualifications required for a custodian under the Investment Company Act of 19401940 Act, as amended. It is understood that Custodian initially intends to appoint United Missouri Bank N.A. (UMB) and United Missouri Trust Company of New York (UMTCNY) as subcustodians. Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of UMB, UMTCNY and any other subcustodians selected and appointed by Custodian (except subcustodians subcustodian appointed at the request of Fund and as provided in Subsection 2 below) to the same extent Custodian would be responsible to the Fund under Section 5. of this Agreement if it committed the act or omission itself. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the -13- Custodian for purposes of (i) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (ii) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (iii) for other reasonable purposes specified by Fund; provided, however, that the Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any such subcustodian only to the same extent such subcustodian is responsible to the Custodian. The Fund shall be entitled to review the Custodian's contracts with any such subcustodians appointed at the request of Fund.shall 2. Notwithstanding any other provisions of this Agreement, Fund's foreign securities (as defined in Rule 17f- 5(c)(117f-5(c)(1) under the Investment Company Act of 19401940 Act) and Fund's cash or cash xxxx equivalents, in amounts deemed by the Fund to be reasonably necessary to effect Fund's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as subcustodians, according and thereafter, pursuant to Section 3.a written contract or contracts as approved by Fund's Board of Directors, may be transferred to accounts maintained by any such subcustodian with eligible foreign custodians, as defined in Rule 17f-5(c)

Appears in 1 contract

Samples: Custody Agreement (Founders Funds Inc)

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