Common use of Appointment of Subcustodians Clause in Contracts

Appointment of Subcustodians. Notwithstanding any other provisions hereof: 1. All or any of the Assets may be held in IFTC's own custody or 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 IFTC. Any such Subcustodian selected by IFTC must have the qualifications required for a custodian under the 1940 Act. IFTC will be responsible to the applicable Portfolio for any loss, damage or expense suffered or incurred by such Portfolio resulting from the actions or omissions of any Subcustodians selected and appointed by IFTC (except Subcustodians appointed at the request of Fund and as provided in Subsection 2 below) to the same extent IFTC would be responsible to Fund hereunder if it committed the act or omission itself. 2. Upon request of Fund, IFTC will contract with other Subcustodians reasonably acceptable to IFTC for purposes of (a) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (b) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (c) for other reasonable purposes specified by Fund; provided, however, that IFTC will be responsible to Fund for any loss, damage or expense suffered or incurred by Fund resulting from the actions or omissions of any such Subcustodian only to the same extent such Subcustodian is responsible to IFTC. Fund may review IFTC's contracts with such Subcustodians.

Appears in 3 contracts

Samples: Custody Agreement (Fremont Mutual Funds Inc), Custody Agreement (Johnsonfamily Funds Inc), Custody Agreement (Nicholas Applegate Mutual Funds)

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Appointment of Subcustodians. Notwithstanding any other provisions hereof: 1. All or any of the Assets may be held in IFTCState Street's own custody or in the custody of one or more other banks or trust companies (including, without limitation, affiliates of IFTCState Street) acting as Subcustodians Subcustodian as may be selected by IFTCState Street. Any such Subcustodian selected by IFTC State Street must have the qualifications required for a custodian under the 1940 Act0000 Xxx. IFTC Xxxxx Xxxxxx will be responsible to the applicable Portfolio for any loss, damage or expense suffered or incurred by such the Portfolio resulting from the actions or omissions of any Subcustodians selected and appointed by IFTC State Street (except Subcustodians appointed at the request of Fund and as provided in Subsection 2 below) to the same extent IFTC State Street would be responsible to Fund hereunder if it committed the act or omission itself. 2. Upon request of Fund, IFTC State Street will contract with other Subcustodians reasonably acceptable to IFTC State Street for purposes of (a) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (b) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (c) for other reasonable purposes specified by Fund; provided, however, that IFTC State Street will be responsible to Fund for any loss, damage or expense suffered or incurred by Fund resulting from the actions or omissions of any such Subcustodian only to the same extent such Subcustodian is responsible to IFTCState Street. Fund may review IFTCState Street's contracts with such Subcustodians.

Appears in 2 contracts

Samples: Custody and Investment Accounting Agreement (Fixed Income Shares), Custody and Investment Accounting Agreement (Fixed Income Shares)

Appointment of Subcustodians. Notwithstanding any other provisions hereof: 1. All or any of the Assets may be held in IFTC's own custody or 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 IFTC. Any such Subcustodian selected by IFTC must have the qualifications required for a custodian under the 1940 Act. IFTC will be responsible to the applicable Portfolio for any loss, damage or expense suffered or incurred by such Portfolio resulting from the actions or omissions of any Subcustodians selected and appointed by IFTC (except Subcustodians appointed at the request of Fund and as provided in Subsection Subsections 2 or 3 below) to the same extent IFTC would be responsible to Fund hereunder if it committed the act or omission itself. 2. Upon request of Fund, IFTC will contract with other Subcustodians reasonably acceptable to IFTC for purposes of (a) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (b) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (c) for other reasonable purposes specified by Fund; provided, however, that IFTC will be responsible to Fund for any loss, damage or expense suffered or incurred by Fund resulting from the actions or omissions of any such Subcustodian only to the same extent such Subcustodian is responsible to IFTC. Fund may review IFTC's contracts with such Subcustodians. 3. Each Portfolio's foreign securities (as defined in Rule 17f-5(c)(1) under the 0000 Xxx) and cash or cash equivalents, in amounts deemed by Fund to be reasonably necessary to effect such Portfolio's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as Subcustodians ("Global Subcustodian"), and thereafter, pursuant to a written contract or contracts as approved by Fund, may be transferred to accounts maintained by any such Global Subcustodian with eligible foreign custodians, as defined in Rule 17f-5(c)(2) ("Eligible Foreign Custodian"). IFTC will be responsible to Fund for any loss, 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 subcustodian is liable to the Global Subcustodian.

Appears in 1 contract

Samples: Custody and Investment Accounting Agreement (13a Commercial Mortgage Securities Fund Inc)

Appointment of Subcustodians. Notwithstanding any other provisions hereof: 1. All or any of the Assets may be held in IFTC's own custody or 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 IFTC. Any such Subcustodian selected by IFTC must have the qualifications required for a custodian under the 1940 Act. IFTC will be responsible to the applicable Portfolio for any loss, damage or expense suffered or incurred by such Portfolio resulting from the actions or omissions of any Subcustodians selected and appointed by IFTC (except Subcustodians appointed at the request of Fund and as provided in Subsection Subsections 2 or 3 below) to the same extent IFTC would be responsible to Fund hereunder if it committed the act or omission itself. 2. Upon request of Fund, IFTC will contract with other Subcustodians reasonably acceptable to IFTC for purposes of (a) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (b) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (c) for other reasonable purposes specified by Fund; provided, however, that IFTC will be responsible to Fund for any loss, damage or expense suffered or incurred by Fund resulting from the actions or omissions of any such Subcustodian only to the same extent such Subcustodian is responsible to IFTC. Fund may review IFTC's contracts with such Subcustodians. 3. Each Portfolio's foreign securities (as defined in Rule 17f-5(c)(1) under the 1940 Act) and cash or cash equivaxxxxx, in amounts deemed by Fund to be reasonably necessary to effect such Portfolio's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as Subcustodians ("Global Subcustodian"), and thereafter, pursuant to a written contract or contracts as approved by Fund, may be transferred to accounts maintained by any such Global Subcustodian with eligible foreign custodians, as defined in Rule 17f-5(c)(2)("Eligible Foreign Custodian"). IFTC will be responsible to Fund for any loss, 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 subcustodian is liable to the Global Subcustodian.

Appears in 1 contract

Samples: Custody Agreement (Investors Mark Series Fund Inc)

Appointment of Subcustodians. Notwithstanding any other provisions hereof: 1. All or any of the Assets may be held in IFTC's own custody or 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 IFTC. Any such Subcustodian selected by IFTC must have the qualifications required for a custodian under the 1940 Act. IFTC will be responsible to the applicable Portfolio for any loss, damage or expense suffered or incurred by such Portfolio resulting from the actions or omissions of any Subcustodians selected and appointed by IFTC (except Subcustodians appointed at the request of Fund and as provided in Subsection 2 below) to the same extent IFTC would be responsible to Fund hereunder if it committed the act or omission itself. 2. Upon request of Fund, IFTC will contract with other Subcustodians reasonably acceptable to IFTC for purposes of (a) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (b) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (c) for other reasonable purposes specified by Fund; provided, however, that IFTC will be responsible to Fund for any loss, damage or expense suffered or incurred by Fund resulting from the actions or omissions of any such Subcustodian only to the same extent such Subcustodian is responsible to IFTC. Fund may review IFTC's contracts with such Subcustodians.omissions

Appears in 1 contract

Samples: Custody Agreement (Alpine Equity Trust)

Appointment of Subcustodians. Notwithstanding any other provisions hereof: 1. All or any of the Assets may be held in IFTCState Street's own custody or in the custody of one or more other banks or trust companies (including, without limitation, affiliates of IFTCState Street) acting as Subcustodians as may be selected by IFTCState Street. Any such Subcustodian selected by IFTC State Street must have the qualifications required for a custodian under the 1940 ActXxx. IFTC will Xxxxx Xxxxxx xxxl be responsible to the applicable Portfolio for any loss, damage or expense suffered or incurred by such Portfolio resulting from the actions or omissions of any Subcustodians selected and appointed by IFTC State Street (except Subcustodians appointed at the request of Fund and as provided in Subsection 2 below) to the same extent IFTC State Street would be responsible to Fund hereunder if it committed the act or omission itself. 2. Upon request of Fund, IFTC State Street will contract with other Subcustodians reasonably acceptable to IFTC State Street for purposes of (a) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (b) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (c) for other reasonable purposes specified by Fund; provided, however, that IFTC State Street will be responsible to Fund for any loss, damage or expense suffered or incurred by Fund resulting from the actions or omissions of any such Subcustodian only to the same extent such Subcustodian is responsible to IFTC. Fund may review IFTC's contracts with such Subcustodians.or

Appears in 1 contract

Samples: Custody Agreement (Ing Variable Insurance Trust)

Appointment of Subcustodians. Notwithstanding any other ---------------------------- provisions hereof: 1. All or any of the Assets may be held in IFTC's own custody or 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 IFTC. Any such Subcustodian selected by IFTC must have the qualifications required for a custodian under the 1940 Act. IFTC will be responsible to the applicable Portfolio for any loss, damage or expense suffered or incurred by such Portfolio resulting from the actions or omissions of any Subcustodians selected and appointed by IFTC (except Subcustodians appointed at the request of Fund and as provided in Subsection 2 below) to the same extent IFTC would be responsible to Fund hereunder if it committed the act or omission itself. 2. Upon request of Fund, IFTC will contract with other Subcustodians reasonably acceptable to IFTC for purposes of (a) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (b) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (c) for other reasonable purposes specified by Fund; provided, however, that IFTC will be responsible to Fund for any loss, damage or expense suffered or incurred by Fund resulting from the actions or omissions of any such Subcustodian only to the same extent such Subcustodian is responsible to IFTC. Fund may review IFTC's contracts with such Subcustodians.

Appears in 1 contract

Samples: Custody and Investment Accounting Agreement (FFP New Horizons Fund Inc)

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Appointment of Subcustodians. Notwithstanding any other provisions hereof: 1. All or any of the Assets may be held in IFTCState Street's own custody or in the custody of one or more other banks or trust companies (including, without limitation, affiliates of IFTCState Street) acting as Subcustodians as may be selected by IFTCState Street. Any such Subcustodian selected by IFTC State Street must have the qualifications required for a custodian under the 1940 Act. IFTC State Street will be responsible to the applicable Portfolio for Xxxxxxxxx xxx any loss, damage or expense suffered or incurred by such Portfolio resulting from the actions or omissions of any Subcustodians selected and appointed by IFTC State Street (except Subcustodians appointed at the request of Fund and as provided in Subsection 2 below) to the same extent IFTC State Street would be responsible to Fund hereunder if it committed the act or omission itself. 2. Upon request of Fund, IFTC State Street will contract with other Subcustodians reasonably acceptable to IFTC State Street for purposes of (a) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (b) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (c) for other reasonable purposes specified by Fund; provided, however, that IFTC State Street will be responsible to Fund for any loss, damage or expense suffered or incurred by Fund resulting from the actions or omissions of any such Subcustodian only to the same extent such Subcustodian is responsible to IFTCState Street. Fund may review IFTCState Street's contracts with such Subcustodians. 3. Each Portfolio's foreign securities and cash or cash equivalents, in amounts deemed by Fund to be reasonably necessary to effect such Portfolio's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as Subcustodians ("Global Subcustodian"), and thereafter, pursuant to a written contract or contracts as approved by Fund, may be transferred to accounts maintained by any such Global Subcustodian with foreign custodians ("Foreign Custodian"). State Street will be responsible to Fund for any loss, damage or expense suffered or incurred by Fund resulting from the actions or omissions of any Foreign Custodian only to the same extent such subcustodian is liable to the Global Subcustodian.

Appears in 1 contract

Samples: Custody Agreement (Sentinel Group Funds Inc)

Appointment of Subcustodians. Notwithstanding any other provisions hereof: 1. All or any of the Assets may be held in IFTC's ’s own custody or 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 IFTC. Any such Subcustodian selected by IFTC must have the qualifications required for a custodian under the 1940 Act. IFTC will be responsible to the applicable Portfolio for any loss, damage or expense suffered or incurred by such Portfolio resulting from the actions or omissions of any Subcustodians selected and appointed by IFTC (except Subcustodians appointed at the request of Fund and as provided in Subsection 2 below) to the same extent IFTC would be responsible to Fund hereunder if it committed the act or omission itself. 2. Upon request of Fund, IFTC will contract with other Subcustodians reasonably acceptable to IFTC for purposes of (a) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (b) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (c) for other reasonable purposes specified by Fund; provided, however, that IFTC will be responsible to Fund for any loss, damage or expense suffered or incurred by Fund resulting from the actions or omissions of any such Subcustodian only to the same extent such Subcustodian is responsible to IFTC. Fund may review IFTC's ’s contracts with such Subcustodians.

Appears in 1 contract

Samples: Custody and Investment Accounting Agreement (Access Capital Strategies Community Investment Fund Inc/Ma)

Appointment of Subcustodians. Notwithstanding any other provisions hereof: 1. All or any of the Assets may be held in IFTCState Street's own custody or in the custody of one or more other banks or trust companies (including, without limitation, affiliates of IFTCState Street) acting as Subcustodians as may be selected by IFTCState Street. Any such Subcustodian selected by IFTC State Street must have the qualifications required for a custodian under the 1940 Act0000 Xxx. IFTC Xxxxx Xxxxxx will be responsible to the applicable Portfolio for any loss, damage or expense suffered or incurred by such Portfolio resulting from the actions or omissions of any Subcustodians selected and appointed by IFTC State Street (except Subcustodians appointed at the request of Fund and as provided in Subsection 2 below) to the same extent IFTC State Street would be responsible to Fund hereunder if it committed the act or omission itself. 2. Upon request of Fund, IFTC State Street will contract with other Subcustodians reasonably acceptable to IFTC State Street for purposes of (a) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (b) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (c) for other reasonable purposes specified by Fund; provided, however, that IFTC State Street will be responsible to Fund for any loss, damage or expense suffered or incurred by Fund resulting from the actions or omissions of any such Subcustodian only to the same extent such Subcustodian is responsible to IFTCState Street. Fund may review IFTCState Street's contracts with such Subcustodians. 3. Each Portfolio's foreign securities and cash or cash equivalents, in amounts deemed by Fund to be reasonably necessary to effect such Portfolio's foreign securities transactions, may be held in the custody of one or more banks or trust companies acting as Subcustodians ("Global Subcustodian"), and thereafter, pursuant to a written contract or contracts as approved by Fund, may be transferred to accounts maintained by any such Global Subcustodian with foreign custodians ("Foreign Custodian"). State Street will be responsible to Fund for any loss, damage or expense suffered or incurred by Fund resulting from the actions or omissions of any Foreign Custodian only to the same extent such subcustodian is liable to the Global Subcustodian.

Appears in 1 contract

Samples: Custody Agreement (Sentinel Group Funds Inc)

Appointment of Subcustodians. Notwithstanding any other provisions hereof: 1. All or any of the Assets may be held in IFTC's own custody or 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 IFTC. Any such Subcustodian selected by IFTC must have the qualifications required for a custodian under the 1940 Act. IFTC will be responsible to the applicable Portfolio for any loss, damage or expense suffered or incurred by such Portfolio resulting from the actions or omissions of any Subcustodians selected and appointed by IFTC (except Subcustodians appointed at the request of the Fund and as provided in Subsection 2 below) to the same extent IFTC would be responsible to the Fund hereunder if it committed the act or omission itself. 2. Upon request of the Fund, IFTC will contract with other Subcustodians reasonably acceptable to IFTC for purposes of (a) effecting third-party repurchase transactions with banks, brokers, dealers, or other entities through the use of a common custodian or subcustodian, or (b) providing depository and clearing agency services with respect to certain variable rate demand note securities, or (c) for other reasonable purposes specified by the Fund; provided, however, that 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 only to the same extent such Subcustodian is responsible to IFTC. The Fund may review IFTC's contracts with such Subcustodians.

Appears in 1 contract

Samples: Custody and Investment Accounting Agreement (Burnham Fund Inc)

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