Common use of Confidentiality; Survival of Obligations Clause in Contracts

Confidentiality; Survival of Obligations. The parties hereto agree that each shall treat confidentially the terms and conditions of this Agreement and all information provided by each party to the other regarding its business and operations. All confidential information provided by a party hereto shall be used by any other party hereto solely for the purpose of rendering or obtaining services pursuant to this Agreement and, except as may be required in carrying out this Agreement, shall not be disclosed to any third party without the prior consent of such providing party. The foregoing shall not be applicable to any information that is publicly available when provided or thereafter becomes publicly available other than through a breach of this Agreement, or that is required to be disclosed by or to any bank examiner of the Custodian or any Subcustodian, any regulatory authority, any auditor of the parties hereto, or by judicial or administrative process or otherwise by applicable law or regulation. The provisions of this Agreement and any other rights or obligations incurred or accrued by any party hereto prior to termination of this Agreement shall survive any termination of this Agreement. The Custodian shall seek to obtain an agreement from each Subcustodian that shall require each Subcustodian, to the extent permitted by law, to treat all matters regarding the Fund, and this Agreement with the same degree of confidentiality as the Custodian has agreed hereunder.

Appears in 1 contract

Samples: Custodian Agreement (Forward Funds Inc)

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Confidentiality; Survival of Obligations. The parties hereto agree that each shall treat confidentially the terms and conditions of this Agreement and all information provided by each party to the other regarding its business and operations. All confidential information provided by a party hereto shall be used by any other party hereto solely for the purpose of rendering or obtaining services pursuant to this Agreement and, except as may be required in carrying out this Agreement, shall not be disclosed to any third party without the prior consent of such providing party. The foregoing shall not be applicable to any information that is publicly available when provided or thereafter becomes publicly available other than through a breach of this Agreement, or that is required to be disclosed by or to any bank examiner of the Custodian or any Subcustodian, any regulatory authority, any auditor of the parties hereto, or by judicial or administrative process or otherwise by applicable law or regulation. The provisions of this Agreement Section 9.13 and Sections 9.01, 9.02, 9.03, 9.09, Section 2.28, Section 3.04, Section 7.01, Article V and Article VI hereof and any other rights or obligations incurred or accrued by any party hereto prior to termination of this Agreement shall survive any termination of this Agreement. The Custodian shall seek to obtain an agreement from each Subcustodian that shall require each Subcustodian, to the extent permitted by law, to treat all matters regarding the Fund, and this Agreement with the same degree of confidentiality as the Custodian has agreed hereunder.[SIGNATURE LINES OMITTED] FORM OF APPENDIX "C" TO THE CUSTODIAN AGREEMENT BETWEEN EACH OF THE INVESTMENT COMPANIES LISTED ON APPENDIX "A" THERETO AND XXXXX BROTHERS XXXXXXXX & COMPANY DATED AS OF _____________

Appears in 1 contract

Samples: Custodian Agreement (Fidelity Select Portfolios)

Confidentiality; Survival of Obligations. The parties hereto agree that each shall treat confidentially the terms and conditions of this Agreement and all information provided by each party to the other regarding its business and operations. All confidential information provided by a party hereto hereto, including non-public personal information within the meaning of Securities and Exchange Commission (SEC) Regulation S-P, shall be used by any other party hereto solely for the purpose of rendering or obtaining services pursuant to this Agreement and, except as permitted by this Agreement or as may be required in carrying out this Agreement, shall not be disclosed to any third party without the prior consent of such providing party. The foregoing shall not be applicable to any information that is publicly available when provided or thereafter becomes publicly available other than through a breach of this Agreement, or that is required to be disclosed by or to any bank examiner of the a Board, Fund, Custodian or any Subcustodian, any regulatory authority, any auditor of the parties hereto, or by judicial or administrative process or otherwise by applicable law or regulation. It is understood that this agreement will be filed with the SEC as an exhibit to a registration statement for one or more registered Funds. In addition, the parties agree that GMRE, GMTB or GMIMCo may provide a copy of this agreement in connection with a custodian request for proposal with respect to any fund or trust for which they have investment management authority or discuss the terms thereof in connection with their duties or obligations under law to seek favorable terms for such a fund or trust. The provisions of this Agreement Section 9.13 and Sections 3.27, 4.01(a), 4.04, 8.01, 9.01, 9.02, 9.03, 9.09, 9.15, Article VI and Article VII hereof, and any other rights or obligations incurred or accrued by any party hereto prior to termination of this Agreement shall survive any termination of this Agreement. The Custodian shall seek to obtain an agreement from each Subcustodian that shall require each Subcustodian, to the extent permitted by law, to treat all matters regarding the Fund, and this Agreement with the same degree of confidentiality as the Custodian has agreed hereunderSection 9.14.

Appears in 1 contract

Samples: Custodian Agreement (Gmam Absolute Return Strategies Fund LLC)

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Confidentiality; Survival of Obligations. The parties hereto agree that each shall treat confidentially the terms and conditions of this Agreement and all information provided by each party to the other regarding its business and operations. All confidential information provided by a party hereto hereto, including non-public personal information within the meaning of Securities and Exchange Commission (SEC) Regulation S-P, shall be used by any other party hereto solely for the purpose of rendering or obtaining services pursuant to this Agreement and, except as permitted by this Agreement or as may be required in carrying out this Agreement, shall not be disclosed to any third party without the prior consent of such providing party. The foregoing shall not be applicable to any information that is publicly available when provided or thereafter becomes publicly available other than through a breach of this Agreement, or that is required to be disclosed by or to any bank examiner of the a Board, Fund, Custodian or any Subcustodian, any regulatory authority, any auditor of the parties hereto, or by judicial or administrative process or otherwise by applicable law or regulation. It is understood that this agreement will be filed with the SEC as an exhibit to a registration statement for one or more registered Funds. In addition, the parties agree that GMTC or GMIMCo may provide a copy of this agreement in connection with a custodian request for proposal with respect to any fund or trust for which they have investment management authority or discuss the terms thereof in connection with their duties or obligations under law to seek favorable terms for such a fund or trust. The provisions of this Agreement Section 9.13 and Sections 3.27, 4.01(a), 4.04, 8.01, 9.01, 9.02, 9.03, 9.09, 9.15, Article VI and Article VII hereof, and any other rights or obligations incurred or accrued by any party hereto prior to termination of this Agreement shall survive any termination of this Agreement. The Custodian shall seek to obtain an agreement from each Subcustodian that shall require each Subcustodian, to the extent permitted by law, to treat all matters regarding the Fund, and this Agreement with the same degree of confidentiality as the Custodian has agreed hereunder.

Appears in 1 contract

Samples: Agreement Between Jpmorgan Chase Bank and the Funds (Gmam Absolute Return Strategies Fund LLC)

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