Common use of Appointment of Subcustodians Clause in Contracts

Appointment of Subcustodians. 1. Notwithstanding any other provisions of this Agreement, all or any of the Assets 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 must have the qualifications required for custodian under the Investment Company Act of 1940, as amended. Any such subcustodians may participate directly or indirectly in any Depository. 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 subcustodian 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 4 of this Agreement if it committed the act or omission itself. Custodian is not responsible for Depositories except to the extent such entities are responsible to Custodian. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the 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 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 2.S.1; and thereafter, pursuant to a written contract or contracts as approved by Fund's governing Board, may be transferred to an account maintained by such subcustodian with an eligible foreign custodian, as defined in Rule 17f-5(c)(2), provided that any such arrangement involving a foreign custodian shall be in accordance with the provisions of Rule 17f-5 under the Investment Company Act of 1940 as that Rule may be amended from time to time. The Custodian shall be responsible for the monies and securities of Fund held by eligible foreign subcustodians to the extent the eligible foreign subcustodians are liable to the domestic subcustodian with which the Custodian contracts for foreign subcustody purposes.

Appears in 3 contracts

Samples: Custody Agreement (Pilgrim America Prime Rate Trust), Custody Agreement (Pilgrim America Bank & Thrift Fund Inc), Custody Agreement (Pilgrim Senior Income Fund)

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Appointment of Subcustodians. 1. Notwithstanding any other provisions of this Agreement, all or any of the Assets monies or securities of Fund the Portfolios may be held in Custodian's own custody or in the custody of State Street Bank and Trust Company or one or more other banks or trust companies acting as subcustodians as may be selected by Custodian with Fund's approval, which shall not be unreasonably withheld, including, but not limited to, an affiliate of Custodian. Any such subcustodian selected by the Custodian and approved by Fund must have the qualifications required for a custodian under the Investment Company Act of 19401940 Act, as amended. Any such subcustodians may participate directly or indirectly in any Depository. Custodian shall be responsible to the Fund applicable Portfolio for any loss, damage or expense suffered or incurred by the Fund such Portfolio arising out of or resulting from the actions or omissions of any subcustodian subcustodians selected and appointed by Custodian (except subcustodians appointed at the request of Fund and as provided in Subsection Subsections 2 or 3 below) to the same extent Custodian would be responsible to the Fund under Section 4 5 of this Agreement if it committed the act or omission itself. Custodian is not responsible for Depositories except to the extent such entities are responsible to Custodian. 2. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the Custodian for purposes of (ia) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (iib) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (iiic) 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 arising out of or 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 be subject to Fund's prior written consent. 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. 23. Notwithstanding any other provisions of this Agreement, Fundeach Portfolio's foreign securities (as defined in Rule 17f-5(c)(1) under the Investment Company Act of 19400000 Xxx) and Fundeach Portfolio's cash or cash equivalents, in amounts deemed by the Fund to be reasonably necessary to effect Fundsuch Portfolio's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as subcustodianssubcustodians ("Global Subcustodian"), according to Section 2.S.1; and thereafter, pursuant to a written contract or contracts as approved by Fund's governing Boardsuch Portfolio, may be transferred to an account accounts maintained by any such subcustodian Global Subcustodian with an eligible foreign custodiancustodians, as defined in Rule 17f-5(c)(2) ("Eligible Foreign Custodian"), provided that any such arrangement involving a foreign custodian shall be in accordance with the provisions of Rule 17f-5 under the Investment Company Act of 1940 as that Rule may be amended from time to time. The Custodian shall be responsible for the monies and securities of Fund held by eligible foreign subcustodians to the Fund for any loss, damage or expense suffered or incurred by the Fund resulting from the actions or omissions of any Eligible Foreign Custodian only to the same extent the eligible foreign subcustodians are Eligible Foreign Custodian is liable to the domestic subcustodian with which the Custodian contracts for foreign subcustody purposesGlobal Subcustodian.

Appears in 2 contracts

Samples: Custody and Investment Accounting Agreement (Providian Series Trust), Custody and Investment Accounting Agreement (Providian Series Trust)

Appointment of Subcustodians. 1. Notwithstanding any other provisions of this Agreement, all or any of the Assets 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. Any such subcustodians may participate directly or indirectly in any Depository. 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 subcustodian 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 4 5. of this Agreement if it committed the act or omission itself. Custodian is not responsible for Depositories except to the extent such entities are responsible to Custodian. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the 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)(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 2.S.1; and thereafter, pursuant to a written contract or contracts as approved by Fund's governing BoardBoard of Directors, may be transferred to an account accounts maintained by any such subcustodian with an eligible foreign custodiancustodians, as defined in Rule 17f-5(c)(217f-5(c), provided that any such arrangement involving a foreign custodian shall be in accordance with the provisions of Rule 17f-5 under the Investment Company Act of 1940 as that Rule may be amended from time to time. The Custodian shall be responsible for the monies and securities of Fund held by eligible foreign subcustodians to the extent the eligible foreign subcustodians are liable to the domestic subcustodian with which the Custodian contracts for foreign subcustody purposes.

Appears in 1 contract

Samples: Custody and Investment Accounting Agreement (Seligman New Technologies Fund Inc)

Appointment of Subcustodians. 1. Notwithstanding any other provisions of this Agreement, all or any of the Assets 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. Any such subcustodians may participate directly or indirectly in any DepositoryIt 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 subcustodian other 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 4 5. of this Agreement if it committed the act or omission itself. Custodian is not responsible for Depositories except to the extent such entities are responsible to Custodian. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the 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 the Fund. Custodian shall be responsible for any loss, damage or expense suffered or incurred by Fund resulting from the acts 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)(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 2.S.1; and thereafter, pursuant to a written contract or contracts as approved by Fund's governing BoardBoard of Trustees, may be transferred to an account accounts maintained by any such subcustodian with an eligible foreign custodiancustodians, as defined in Rule 17f-5(c)(217f-5(c), provided that any such arrangement involving a foreign custodian shall be in accordance with the provisions of Rule 17f-5 under the Investment Company Act of 1940 as that Rule may be amended from time to time. The Custodian shall be responsible for the monies and securities of Fund held by eligible foreign subcustodians to the extent the eligible foreign subcustodians are liable to the domestic subcustodian with which the Custodian contracts for foreign subcustody purposes.

Appears in 1 contract

Samples: Custody Agreement (E Navigator Fund)

Appointment of Subcustodians. 1. Notwithstanding any other provisions of this Agreement, all hereof: 1. All or any of the Assets of Fund may will be held in CustodianIFTC's own custody or or, in IFTC's sole discretion, in the custody of one or more other banks or trust companies (including, without limitation, affiliates of IFTC) acting as Subcustodians as may be selected by CustodianIFTC. Any such subcustodian Subcustodian selected by IFTC must have the qualifications required for a custodian under the Investment Company Act of 1940, as amended1940 Act. Any such subcustodians may participate directly or indirectly in any Depository. Custodian shall IFTC will be responsible to the Fund applicable Portfolio for any loss, damage or expense suffered or incurred by the Fund such Portfolio resulting from the actions or omissions of any subcustodian Subcustodians selected and appointed by Custodian IFTC (except subcustodians Subcustodians appointed at the request of Fund and as provided in Subsection Subsections 2 or 3 below) to the same extent Custodian IFTC would be responsible to the Fund under Section 4 of this Agreement hereunder if it committed the act or omission itself. Custodian is not responsible for Depositories except to the extent such entities are responsible to Custodian. 2. Upon request of the Fund, Custodian shall be willing to IFTC will contract with other subcustodians Subcustodians reasonably acceptable to the Custodian IFTC for purposes of (ia) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (iib) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (iiic) for other reasonable purposes specified by Fund; provided, however, that the Custodian shall IFTC 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 Subcustodian only to the same extent such subcustodian Subcustodian is responsible to the CustodianIFTC. The Fund shall be entitled to may review the CustodianIFTC's contracts with any such subcustodians appointed at the request of FundSubcustodians. 23. Notwithstanding any other provisions of this Agreement, FundEach Portfolio's foreign securities (as defined in Rule 17f-5(c)(1) under the Investment Company Act of 19401940 Act) and Fund's cash or cash equivalentsox xxxx xquivalents, in amounts deemed by the Fund to be reasonably necessary to effect Fundsuch Portfolio's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as subcustodiansSubcustodians ("Global Subcustodian"), according to Section 2.S.1; and thereafter, pursuant to a written contract or contracts as approved by Fund's governing Board, may be transferred to an account accounts maintained by any such subcustodian Global Subcustodian with an eligible foreign custodiancustodians, as defined in Rule 17f-5(c)(217f-5(c)(2)("Eligible Foreign Custodian"). IFTC will be responsible to Fund for any loss, provided that damage or expense suffered or incurred by Fund resulting from the actions or omissions of any Eligible Foreign Custodian only to the same extent such arrangement involving subcustodian is liable to the Global Subcustodian. The appointment of a foreign custodian Global Subcustodian will not relieve IFTC of any of its responsibilities or liabilities hereunder and, as between the Fund and IFTC, IFTC shall be in accordance with the provisions of Rule 17f-5 under the Investment Company Act of 1940 as that Rule may be amended from time to time. The Custodian shall be fully responsible for the monies acts and securities omissions of Fund held by eligible foreign subcustodians to the extent the eligible foreign subcustodians are liable to the domestic subcustodian with which the Custodian contracts for foreign subcustody purposes.Global Subcustodian

Appears in 1 contract

Samples: Custody and Investment Accounting Agreement (Clearwater Investment Trust)

Appointment of Subcustodians. 1. Notwithstanding any other provisions of this Agreement, all or any of the Assets 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. Any such subcustodians may participate directly or indirectly in any DepositoryIt 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 subcustodian other 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 4 5. of this Agreement if it committed the act or omission itself. Custodian is not responsible for Depositories except to the extent such entities are responsible to Custodian. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the 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)(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 2.S.1; and thereafter, pursuant to a written contract or contracts as approved by Fund's governing BoardBoard of Directors, may be transferred to an account accounts maintained by any such subcustodian with an eligible foreign custodiancustodians, as defined in Rule 17f-5(c)(217f-5(c), provided that any such arrangement involving a foreign custodian shall be in accordance with the provisions of Rule 17f-5 under the Investment Company Act of 1940 as that Rule may be amended from time to time. The Custodian shall be responsible for the monies and securities of Fund held by eligible foreign subcustodians to the extent the eligible foreign subcustodians are liable to the domestic subcustodian with which the Custodian contracts for foreign subcustody purposes.

Appears in 1 contract

Samples: Custody Agreement (Pax World Money Market Fund Inc)

Appointment of Subcustodians. 1. Notwithstanding any other provisions of this Agreement, all or any of the Assets 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. Any such subcustodians may participate directly or indirectly in any Depository. 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 subcustodian 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 4 5. of this Agreement if it committed the act or omission itself. Custodian is not responsible for Depositories except to the extent such entities are responsible to Custodian. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the Custodian for purposes of (i) effecting third-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)(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 2.S.1; and thereafter, pursuant to a written contract or contracts as approved by Fund's governing Board, may be transferred to an account maintained by such subcustodian with an eligible foreign custodian, as defined in Rule 17f-5(c)(2), provided that any such arrangement involving a foreign custodian shall be in accordance with the provisions of Rule 17f-5 under the Investment Company Act of 1940 as that Rule may be amended from time to time. The Custodian shall be responsible for the monies and securities of Fund held by eligible foreign subcustodians to the extent the eligible foreign subcustodians are liable to the domestic subcustodian with which the Custodian contracts for foreign subcustody purposes.the

Appears in 1 contract

Samples: Custody and Investment Accounting Agreement (Crabbe Huson Us Govt Money Market Fund Inc)

Appointment of Subcustodians. 1. Notwithstanding any other provisions of this Agreement, all or any of the Assets 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. Any such subcustodians may participate directly or indirectly in any DepositoryIt 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 subcustodian other 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 4 5. of this Agreement if it committed the act or omission itself. Custodian is not responsible for Depositories except to the extent such entities are responsible to Custodian. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the 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)(1) under the Investment Company Act of 19401940 Act) and Fund's cash or cash equivalentsFund'x xxxx xx xxxx xxxxxxxents, 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 2.S.1; and thereafter, pursuant to a written contract or contracts as approved by Fund's governing Board, may be transferred to an account maintained by such subcustodian with an eligible foreign custodian, as defined in Rule 17f-5(c)(2), provided that any such arrangement involving a foreign custodian shall be in accordance with the provisions of Rule 17f-5 under the Investment Company Act of 1940 as that Rule may be amended from time to time. The Custodian shall be responsible for the monies and securities of Fund held by eligible foreign subcustodians to the extent the eligible foreign subcustodians are liable to the domestic subcustodian with which the Custodian contracts for foreign subcustody purposes.'s

Appears in 1 contract

Samples: Custody Agreement (Virginia Daily Municipal Income Fund Inc)

Appointment of Subcustodians. 1. Notwithstanding any other provisions of this Agreement, all or any of the Assets 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 custodian a Custodian under the Investment Company Act of 19401940 Act, as amended. Any such subcustodians may participate directly or indirectly in any Depository. 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 subcustodian 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 4 5. of this Agreement if it committed the act or omission itself. Custodian is not responsible for Depositories except to the extent such entities are responsible to Custodian. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the Custodian for purposes of (i) effecting third-party thirdparty 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)(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 2.S.1; and thereafter, pursuant to a written contract or contracts as approved by Fund's governing BoardTrustees, may be transferred to an account accounts maintained by any such subcustodian with an eligible foreign custodiancustodians, as defined in Rule 17f-5(c)(217f-5(c), provided that any such arrangement involving a foreign custodian shall be in accordance with the provisions of Rule 17f-5 under the Investment Company Act of 1940 as that Rule may be amended from time to time. The Custodian shall be responsible for the monies and securities of Fund held by eligible foreign subcustodians to the extent the eligible foreign subcustodians are liable to the domestic subcustodian with which the Custodian contracts for foreign subcustody purposes.

Appears in 1 contract

Samples: Custody and Investment Accounting Agreement (Crabbe Huson Small Cap Fund)

Appointment of Subcustodians. 1. Notwithstanding any other provisions of this Agreement, all or any of the Assets 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. Any such subcustodians may participate directly or indirectly in any DepositoryIt 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 subcustodian other 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 4 5. of this Agreement if it committed the act or omission itself. Custodian is not responsible for Depositories except to the extent such entities are responsible to Custodian. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the 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)(1) under the Investment Company Act of 19401940 Act) and Fund's cash or cash equivalents, in amounts deemed xxxxxx 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 2.S.1; and thereafter, pursuant to a written contract or contracts as approved by Fund's governing BoardBoard of Directors, may be transferred to an account accounts maintained by any such subcustodian with an eligible foreign custodiancustodians, as defined in Rule 17f-5(c)(217f-5(c), provided that any such arrangement involving a foreign custodian shall be in accordance with the provisions of Rule 17f-5 under the Investment Company Act of 1940 as that Rule may be amended from time to time. The Custodian shall be responsible for the monies and securities of Fund held by eligible foreign subcustodians to the extent the eligible foreign subcustodians are liable to the domestic subcustodian with which the Custodian contracts for foreign subcustody purposes.

Appears in 1 contract

Samples: Custody Agreement (New York Daily Tax Free Income Fund Inc)

Appointment of Subcustodians. 1. Notwithstanding any other provisions of this Agreement, all or any of the Assets 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. Any such subcustodians may participate directly or indirectly in any DepositoryIt 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 subcustodian other subcustodians selected and appointed by Custodian (except subcustodians appointed at as the request of Fund and as provided in Subsection 2 below) to the same extent Custodian would be responsible to the Fund under Section 4 5. of this Agreement if it committed the act or omission itself. Custodian is not responsible for Depositories except to the extent such entities are responsible to Custodian. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the Custodian for purposes of (i) effecting third-party repurchase transactions with banks, brokers, dealers, 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 omission 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 19401940 Act) and Fund's cash or cash equivalents, in amounts deemed by amxxxxx xxxxxx xx 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 2.S.1; and thereafter, pursuant to a written contract or contracts as approved by Fund's governing BoardBoard of Directors, may be transferred to an account accounts maintained by any such subcustodian with an eligible foreign custodiancustodians, as defined in Rule 17f-5(c)(217f-5(c), provided that any such arrangement involving a foreign custodian shall be in accordance with the provisions of Rule 17f-5 under the Investment Company Act of 1940 as that Rule may be amended from time to time. The Custodian shall be responsible for the monies and securities of Fund held by eligible foreign subcustodians to the extent the eligible foreign subcustodians are liable to the domestic subcustodian with which the Custodian contracts for foreign subcustody purposes.

Appears in 1 contract

Samples: Custody Agreement (Connecticut Daily Tax Free Income Fund Inc)

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Appointment of Subcustodians. 1. Notwithstanding any other provisions of this Agreement, all or any of the Assets 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. Any such subcustodians may participate directly or indirectly in any Depository. 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 subcustodian 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 4 5. of this Agreement if it committed the act or omission itself. Custodian is not responsible for Depositories except to the extent such entities are responsible to Custodian. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the 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)(1) under the Investment Company Act of 19401940 Xxx) and Fund's cash or xxx Xxxx'x xxxx xx 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 2.S.1; and thereafter, pursuant to a written contract or contracts as approved by Fund's governing BoardBoard of Directors, may be transferred to an account accounts maintained by any such subcustodian with an eligible foreign custodiancustodians, as defined in Rule 17f-5(c)(217f-5(c), provided that any such arrangement involving a foreign custodian shall be in accordance with the provisions of Rule 17f-5 under the Investment Company Act of 1940 as that Rule may be amended from time to time. The Custodian shall be responsible for the monies and securities of Fund held by eligible foreign subcustodians to the extent the eligible foreign subcustodians are liable to the domestic subcustodian with which the Custodian contracts for foreign subcustody purposes.

Appears in 1 contract

Samples: Custody and Investment Accounting Agreement (Seligman Value Fund Series Inc)

Appointment of Subcustodians. 1. Notwithstanding any other provisions of this Agreement, all or any of the Assets 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. Any such subcustodians may participate directly or indirectly in any DepositoryIt 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 subcustodian other 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 4 5. of this Agreement if it committed the act or omission itself. Custodian is not responsible for Depositories except to the extent such entities are responsible to Custodian. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the 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)(1) under the Investment Company Act of 19401940 Act) and Fund's cash or cash equivalents, in amounts deemed by the Fund to Xxxx xx 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 2.S.1; and thereafter, pursuant to a written contract or contracts as approved by Fund's governing BoardBoard of Directors, may be transferred to an account accounts maintained by any such subcustodian with an eligible foreign custodiancustodians, as defined in Rule 17f-5(c)(217f-5(c), provided that any such arrangement involving a foreign custodian shall be in accordance with the provisions of Rule 17f-5 under the Investment Company Act of 1940 as that Rule may be amended from time to time. The Custodian shall be responsible for the monies and securities of Fund held by eligible foreign subcustodians to the extent the eligible foreign subcustodians are liable to the domestic subcustodian with which the Custodian contracts for foreign subcustody purposes.

Appears in 1 contract

Samples: Custody Agreement (Lebenthal Funds Inc)

Appointment of Subcustodians. 1. Notwithstanding any other provisions of this Agreement, all or any of the Assets 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. Any such subcustodians may participate directly or indirectly in any DepositoryIt 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 subcustodian other subcustodians selected and appointed by Custodian (except subcustodians appointed at as the request of Fund and as provided in Subsection 2 below) to the same extent Custodian would be responsible to the Fund under Section 4 5. of this Agreement if it 22 committed the act or omission itself. Custodian is not responsible for Depositories except to the extent such entities are responsible to Custodian. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the Custodian for purposes of (i) effecting third-party repurchase transactions with banks, brokers, dealers, 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 omission of any Depository only to the same extent such Depository is responsible to Custodian. 23 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 equivalentsFund'x xxxx xx xxxx xxxxxxlents, 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 2.S.1; and thereafter, pursuant to a written contract or contracts as approved by Fund's governing BoardBoard of Directors, may be transferred to an account accounts maintained by any such subcustodian with an eligible foreign custodiancustodians, as defined in Rule 17f-5(c)(217f-5(c), provided that any such arrangement involving a foreign custodian shall be in accordance with the provisions of Rule 17f-5 under the Investment Company Act of 1940 as that Rule may be amended from time to time. The Custodian shall be responsible for the monies and securities of Fund held by eligible foreign subcustodians to the extent the eligible foreign subcustodians are liable to the domestic subcustodian with which the Custodian contracts for foreign subcustody purposes.

Appears in 1 contract

Samples: Custody Agreement (Michigan Daily Tax Free Income Fund Inc)

Appointment of Subcustodians. 1. Notwithstanding any other provisions of this Agreement, all or any of the Assets 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. Any such subcustodians may participate directly or indirectly in any DepositoryIt 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 subcustodian other subcustodians selected and appointed by Custodian (except subcustodians appointed at the request of Fund and Subsection below) to the same extent Custodian would be as provided in Subsection 2 below) to the same extent Custodian would be responsible to the Fund under Section 4 5 of this Agreement if it committed the act or omission itself. Custodian is not responsible for Depositories except to the extent such entities are responsible to Custodian. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the 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)(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 2.S.1; and thereafter, pursuant to a written contract or contracts as approved by Fund's governing BoardBoard of Directors, may be transferred to an account accounts maintained by any such subcustodian with an eligible foreign custodiancustodians, as defined in Rule 17f-5(c)(217f-5(c), provided that any such arrangement involving a foreign custodian shall be in accordance with the provisions of Rule 17f-5 under the Investment Company Act of 1940 as that Rule may be amended from time to time. The Custodian shall be responsible for the monies and securities of Fund held by eligible foreign subcustodians to the extent the eligible foreign subcustodians are liable to the domestic subcustodian with which the Custodian contracts for foreign subcustody purposes.

Appears in 1 contract

Samples: Custody Agreement (Ariel Growth Fund)

Appointment of Subcustodians. 1. Notwithstanding any other provisions of this Agreement, all or any of the Assets 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. Any such subcustodians may participate directly or indirectly in any Depository. 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 subcustodian 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 4 5. of this Agreement if it committed the act or omission itself. Custodian is not responsible for Depositories except to the extent such entities are responsible to Custodian. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the 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)(1) under the Investment Company Act of 19401940 Xxx) and xxd 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 2.S.1; and thereafter, pursuant to a written contract or contracts as approved by Fund's governing BoardBoard of Directors, may be transferred to an account accounts maintained by any such subcustodian subcustodians with an eligible foreign custodiancustodians, as defined in Rule 17f-5(c)(2), provided that any such arrangement involving a foreign custodian shall be in accordance with the provisions of Rule 17f-5 under the Investment Company Act of 1940 as that Rule may be amended from time to time. The Custodian shall be responsible to the Fund for any loss, damage or expense suffered or incurred by the monies and securities Fund resulting from the actions or omissions of Fund held by eligible any foreign subcustodians or a domestic subcustodian contracting with such foreign subcustodians only to the same extent the eligible foreign subcustodians are liable such domestic subcustodian is responsible to the domestic subcustodian with which the Custodian contracts for foreign subcustody purposesCustodian.

Appears in 1 contract

Samples: Custody Agreement (Bradford Funds Inc)

Appointment of Subcustodians. 1. Notwithstanding any other provisions of this Agreement, all or any of the Assets 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. Any such subcustodians may participate directly or indirectly in any Depository. 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 subcustodian 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 4 5. of this Agreement if it committed the act or omission itself. Custodian is not responsible for Depositories except to the extent such entities are responsible to Custodian. Upon request of the Fund, Custodian shall be willing to contract with other subcustodians reasonably acceptable to the 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 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 2.S.1; and thereafter, pursuant to a written contract or contracts as approved by Fund's governing Board, may be transferred to an account maintained by such subcustodian with an eligible foreign custodian, as defined in Rule 17f-5(c)(2), provided that any such arrangement involving a foreign custodian shall be in accordance with the provisions of Rule 17f-5 under the Investment Company Act of 1940 as that Rule may be amended from time to time. The Custodian shall be responsible for the monies and securities of Fund held by eligible foreign subcustodians to the extent Fund for any loss, damage or expense suffered or incurred by the eligible foreign subcustodians are liable Fund resulting from the actions or omissions of any Depository only to the domestic subcustodian with which the Custodian contracts for foreign subcustody purposessame extent such Depository is responsible to Custodian.

Appears in 1 contract

Samples: Custody and Investment Accounting Agreement (Seneca Funds)

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