Common use of Capacity of Custodian Clause in Contracts

Capacity of Custodian. For the avoidance of doubt, the Custodian is not acting as an investment manager or as a broker or dealer (as respectively defined in the Securities Exchange Act of 1934, as amended), nor is it acting as an investment, financial, legal or tax adviser to the Client. This Agreement is an arm’s length, commercial transaction between the Client and the Custodian. The Custodian is not recommending that the Client take any investment or other action with respect to the Assets held in the Custody Account under this Agreement.

Appears in 5 contracts

Samples: Custodial Services Agreement (Fidelity Wise Origin Bitcoin Fund), Custodial Services Agreement (Fidelity Wise Origin Bitcoin Fund), Custodial Services Agreement (Fidelity Ethereum Fund)

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Capacity of Custodian. For the avoidance of doubt, the Custodian is not acting as an investment manager or as a broker or dealer (as respectively defined in the Securities Exchange Act of 1934, as amended), nor is it acting as an investment, financial, legal or tax adviser to the Client. This Agreement is an arm’s length, commercial transaction between the Client and the Custodian. The Custodian is not recommending that the Client take any investment or other action with respect to the Assets held in the Custody Account under this Agreement. ix.

Appears in 1 contract

Samples: Custodial Services Agreement (wShares Bitcoin Fund)

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