Common use of Contract Administration Clause in Contracts

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 119 contracts

Samples: Custodian Agreement (New Age Alpha Funds Trust), Custody Agreement (Mh Elite Portfolio of Funds Trust), Custodian and Transfer Agent Agreement (Investment Managers Series Trust III)

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Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Fund's Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Fund's Assets as specified in Rule 17f-5(c)(1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 44 contracts

Samples: Delegation Agreement (W&r Target Funds Inc), Delegation Agreement (Waddell & Reed Advisors Select Funds Inc), Delegation Agreement (Waddell & Reed Advisors Continental Income Fund Inc)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 31 contracts

Samples: Custodian Agreement (New Age Alpha Variable Funds Trust), Custodian Agreement (BondBloxx ETF Trust), Custodian and Transfer Agent Agreement (EntrepreneurShares Series Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians specified in paragraph (c)(1) of Rule 17f-5 under the relevant market1940 Act . Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that will adequately protect the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; ; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; ; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; ; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 25 contracts

Samples: Custodian Agreement (Pioneer CoreTrust I), Custodian Agreement (Pioneer Securitized Income Fund), Custodian Agreement (Pioneer ILS Bridge Fund)

Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Funds’ Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Funds’ Assets as specified in Rule 17f-5(c)(1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Funds will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Funds’ Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the each Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the each Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the each Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Funds’ Assets as the specified provisions, in their entirety.

Appears in 18 contracts

Samples: Delegation Agreement (Fairway Private Equity & Venture Capital Opportunities Fund), Delegation Agreement (Fairway Private Equity & Venture Capital Opportunities Fund), Delegation Agreement (Starboard Investment Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall to be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Fund’s Assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 17 contracts

Samples: Master Custodian Agreement (DWS Variable Series I), Master Custodian Agreement (DWS Securities Trust), Master Custodian Agreement (DWS International Fund, Inc.)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets Assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; ; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; ; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; ; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and and (vi) That the Delegate Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 16 contracts

Samples: Custodian Agreement (Vanguard Explorer Fund), Custodian Agreement (Vanguard Whitehall Funds), Custodian Agreement (Vanguard Fenway Funds)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a Page 24 bbhcustagmtamend_2013 written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: : (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets Assets held in accordance with such contract; ; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; ; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; ; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; ; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and and (vi) That the Delegate Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.. 3 <PAGE>

Appears in 13 contracts

Samples: Custodian Agreement (Vanguard Tax-Managed Funds), Custodian Agreement (Vanguard International Equity Index Funds), Custodian Agreement (Vanguard Windsor Funds)

Contract Administration. The Delegate shall cause that the Delegate‘s foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 11 contracts

Samples: Custody Agreement (MSS Series Trust), Custody Agreement (Capitol Series Trust), Custody Agreement (MSS Series Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 10 contracts

Samples: Custody Agreement (TCG Financial Series Trust II), Custody Agreement (TCG Financial Series Trust V), Custody Agreement (TCG Financial Series Trust VI)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund Trust assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Trust will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Trust’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Trust’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Trust’s Assets as belonging to the Fund Trust or as being held by a third party for the benefit of the FundTrust; (v) That the Fund's Trust’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Trust’s Assets, including, but not limited to, notification of any transfer to or from the Fund's Trust’s account or a third party account containing the Fund's Trust’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Trust’s Assets as the specified provisions, in their entirety.

Appears in 7 contracts

Samples: Custodian and Transfer Agent Agreement (Pointbreak ETF Trust), Custodian and Transfer Agent Agreement (Pointbreak ETF Trust), Custodian and Transfer Agent Agreement (Pointbreak ETF Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall to be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 6 contracts

Samples: Custody Agreement (Pilgrim Worldwide Emerging Markets Fund Inc), Custody Agreement (Pilgrim Advisory Funds Inc), Custodian Agreement (Ing Variable Insurance Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund Trust assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) i. For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Trust will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) . That the Fund's Trust’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) . That beneficial ownership of the Fund's Trust’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) . That adequate records will be maintained identifying the Fund's Trust’s Assets placed in the custody of the Eligible Foreign Custodian as belonging to the Fund Trust or as being held by a third party for the benefit of the FundTrust; (v) v. That the Fund's Trust’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) . That the Delegate and the Trust will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's AssetsTrust’s Assets placed in the custody of the Eligible Foreign Custodian, including, but not limited to, notification of any transfer to or from the Fund's Trust’s account or a third party account containing the Fund's Trust’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 5 contracts

Samples: Custodian Agreement (New Covenant Funds), Custodian Agreement (Sei Institutional International Trust), Custodian Agreement (Adviser Managed Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; ; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; ; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; ; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 5 contracts

Samples: Custodian Agreement (First Trust Intermediate Duration Preferred & Income Fund), Custodian Agreement (First Trust Exchange-Traded Fund Vi), Custodian Agreement (First Trust Exchange-Traded Fund Vi)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant marketmarket as specified in Rule 17f-5 under the 1940 Act, as amended. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 4 contracts

Samples: Custodian Agreement (Mutual of America Investment Corp), Custodian Agreement (Mutual of America Variable Insurance Portfolios, Inc.), Custodian Agreement (Mutual of America Institutional Funds Inc)

Contract Administration. The Delegate shall cause that the foreign Foreign custody arrangements with an each Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Funds’ Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Funds’ Assets as specified in Rule 17f-5(c)(1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that will adequately protect the Fund will be adequately protected Funds against the risk of loss of assets the Funds’ Assets held in accordance with such contract; (ii) That the Fund's Funds’ Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian the custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the each Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the each Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the each Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing assets held for the benefit of the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate reasonably determines comply with the requirements of Rule 17f-5 and will provide, in their entirety, the same or a greater level of care and protection for the Fund's Funds’ Assets as the specified provisions, in their entirety.

Appears in 3 contracts

Samples: Delegation Agreement (Versus Capital Real Assets Fund LLC), Delegation Agreement (Versus Capital Multi-Manager Real Estate Income Fund LLC), Delegation Agreement (Versus Capital Infrastructure Income Fund)

Contract Administration. The Delegate shall cause that the Delegate's foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Funds will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Funds' Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar lawsadministration; (iii) That beneficial ownership of the Fund's Funds' Assets will be freely transferable without the payment of money or value other than the Delegate's charges for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Funds' Assets as belonging to the Fund Funds or as being held by a third party for the benefit of the FundFunds; (v) That the Fund's Funds' independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Funds' Assets, including, but not limited to, notification of any transfer to or from the Fund's Funds' account or a third party account containing the Fund's Funds' Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Funds' Assets as the specified provisions, in their entirety.

Appears in 3 contracts

Samples: Custody Agreement (Foxby Corp.), Custody Agreement (Midas Series Trust), Custody Agreement (Dividend & Income Fund)

Contract Administration. The In the case of an Eligible Foreign Custodian that is not a Securities Depository or a U.S. Bank, the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 3 contracts

Samples: Foreign Custody Manager Delegation Agreement (Nicholas Applegate Investment Trust), Foreign Custody Manager Delegation Agreement (Nicholas Applegate Mutual Funds), Foreign Custody Manager Delegation Agreement (Ivy Fund)

Contract Administration. The Delegate Foreign Custody Manager shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate Foreign Custody Manager has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of such assets, including, without limitation, those set forth in section 3(a) of this Delegation Schedule. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Foreign Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Foreign Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Foreign Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Foreign Custody Manager on behalf of the Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Foreign Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Foreign Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate Foreign Custody Manager determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Foreign Assets as the specified provisions, in their entirety.

Appears in 3 contracts

Samples: Custodian Agreement (DWS Advisor Funds), Custodian Agreement (Scudder New Europe Fund Inc /New/), Custodian Agreement (Scudder Target Equity Fund)

Contract Administration. The Delegate shall cause that the Delegate’s foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 3 contracts

Samples: Custody Agreement (Capitol Series Trust), Custody Agreement (PRISM Multi Strategy Fund), Custody Agreement (Capitol Series Trust)

Contract Administration. The Delegate shall cause that the Delegate‘s foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 3 contracts

Samples: Custody Agreement (Capitol Series Trust), Custody Agreement (Capitol Series Trust), Custody Agreement (Capitol Series Trust)

Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Funds’ Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Funds’ Assets as specified in Rule 17f-5(c)(1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Funds will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Funds’ Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the each Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the each Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the each Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Funds’ Assets as the specified provisions, in their entirety.

Appears in 3 contracts

Samples: Delegation Agreement (Primark Private Equity Fund), Delegation Agreement (Green Century Funds), Delegation Agreement (Green Century Funds)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians specified in paragraph (c)(1) of Rule 17f-5 under the relevant market1940 Act . Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that will adequately protect the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 3 contracts

Samples: Custodian Agreement (Pioneer Municipal High Income Opportunities Fund, Inc.), Custodian Agreement (Pioneer Floating Rate Trust), Custodian Agreement (Pioneer ILS Interval Fund)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians specified in paragraph (c)(1) of Rule 17f-5 under the relevant market1940 Act. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that will adequately protect the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 2 contracts

Samples: Custodian Agreement (Pioneer Diversified High Income Trust), Custodian Agreement (Pioneer Diversified High Income Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets Assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; ; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; ; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; ; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 2 contracts

Samples: Custodian Agreement (Aetna Series Fund Inc), Custodian Agreement (Aetna Series Fund Inc)

Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Funds' Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Funds' Assets as specified in Rule 17f-5(c)(1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Funds will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Funds' Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the each Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the each Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the each Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Funds will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Funds' Assets as the specified provisions, in their entirety.

Appears in 2 contracts

Samples: Custody Agreement (Aegis Funds), Delegation Agreement (Icap Funds Inc)

Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Funds’ Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Funds’ Assets as specified in Rule 17f-5(c)(1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Funds will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Funds’ Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the each Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the each Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the each Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Funds will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Funds’ Assets as the specified provisions, in their entirety.

Appears in 2 contracts

Samples: Delegation Agreement (Icap Funds Inc), Custody Agreement (Aegis Value Fund Inc)

Contract Administration. The In the case of an Eligible Foreign Custodian that is not a Securities Depository or a U.S. Bank, the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets Assets based on the standards applicable to custodians specified in the relevant marketsubsection (a) of this Section 3. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Fund Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Fund Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Fund Assets as belonging to the applicable Fund or as being held by a third party for the benefit of the such Fund; (v) That the each Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate each Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Fund Assets as the specified provisions, in their entirety.

Appears in 2 contracts

Samples: Foreign Custody Manager Delegation Agreement (Profunds), Foreign Custody Manager Delegation Agreement (Lend Lease Funds)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians specified in paragraph (c)(1) of Rule 17f-5 of the relevant market1940 Act. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 2 contracts

Samples: Custodian Agreement (Janus Adviser), Custodian Agreement (Janus Adviser)

Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Funds' Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Funds' Assets as specified in Rule 17f-5(c)(1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Funds will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Funds' Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the each Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the each Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the each Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Funds' Assets as the specified provisions, in their entirety.

Appears in 2 contracts

Samples: Custody Agreement (Amana Mutual Funds Trust), Delegation Agreement (Saturna Investment Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians specified in the relevant marketSection (c)(1) of Rule 17f- 5. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Funds' Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's each Funds' Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's each Funds' Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the each Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the tot he safekeeping of the Fund's Funds' Assets, including, but not limited to, notification of any transfer to or from the each Fund's account or a third party account containing the he Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 2 contracts

Samples: Custodian Agreement (BBH Trust), Custodian Agreement (BBH Trust)

Contract Administration. The Delegate shall cause we that the foreign custody arrangements with an Eligible Foreign Custodian shall CTC to be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such Such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That Thai the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian CTC or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian CTC arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 2 contracts

Samples: Custodian Agreement (Shelton Greater China Fund), Custodian Agreement (Taiwan Greater China Fund)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection subSection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 2 contracts

Samples: Custodian Agreement (PowerShares India Exchange-Traded Fund Trust), Custodian Agreement (PowerShares India Exchange-Traded Fund Trust)

Contract Administration. For each Eligible Foreign Custodian selected by the Delegate pursuant to this Section 3, the Delegate shall enter into a written contract governing each Fund's foreign custody arrangements. The Delegate shall cause determine that the foreign custody arrangements each such written contract with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide provides reasonable care for Fund assets the Fund's Foreign Assets based on the standards applicable to custodians standard of care specified in the relevant marketsubsection (a) of this Section 3. Each such written contract with an Eligible Foreign Custodian shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Trust will be adequately protected against the risk of loss of assets a Fund's Foreign Assets held in accordance with such contract; (ii) That the each Fund's Foreign Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except except, a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Eligible Foreign Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the each Fund's Foreign Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained by the Eligible Foreign Custodian identifying the each Fund's Foreign Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the FundTrust's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such those records; and (vi) That the Delegate Trust will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's Foreign Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing assets held for the benefit of a Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the each Fund's Foreign Assets as the specified provisions, in their entirety.

Appears in 2 contracts

Samples: Custodian Agreement (U S Global Investors Inc), Custodian Agreement (U S Global Investors Inc)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's a Portfolio’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's a Portfolio’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's a Portfolio’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's a Portfolio’s Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's a Portfolio’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's a Portfolio’s Assets as the specified provisions, in their entirety.

Appears in 2 contracts

Samples: Custodian Agreement (James Alpha Funds Trust), Custodian Agreement (James Alpha Funds Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the each Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the each Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the each Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the each Fund's Assets as belonging to the each Fund or as being held by a third party for the benefit of the each Fund; (v) That the each Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's Assets, including, but not limited to, notification of any transfer to or from the each Fund's account or a third party account containing the each Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the each Fund's Assets as the specified provisions, in their entirety.

Appears in 2 contracts

Samples: Custodian Agreement (DWS Investors Funds, Inc.), Custodian Agreement (Scudder Institutional Funds)

Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Funds' Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Funds' Assets as specified in Rule 17f-5(c) (1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Funds will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Funds' Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the each Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the each Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the each Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Funds' Assets as the specified provisions, in their entirety.

Appears in 2 contracts

Samples: Delegation Agreement (Umb Scout Balanced Fund Inc), Delegation Agreement (Oberweis Fund)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund Trust assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Trust will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Trust’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Trust’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Trust’s Assets placed in the custody of the Eligible Foreign Custodian as belonging to the Fund Trust or as being held by a third party for the benefit of the FundTrust; (v) That the Fund's Trust’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate and the Trust will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's AssetsTrust’s Assets placed in the custody of the Eligible Foreign Custodian, including, but not limited to, notification of any transfer to or from the Fund's Trust’s account or a third party account containing the Fund's Trust’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.Section

Appears in 2 contracts

Samples: Custodian Agreement (Sei Institutional Managed Trust), Custodian Agreement (Sei Institutional Managed Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund Trust and Company assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) i. For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Trust and each Company will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) . That the Fund's Trust’s and Companies’ Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) . That beneficial ownership of the Fund's Trust’s and Companies’ Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) . That adequate records will be maintained identifying the Fund's Trust’s and each Company’s Assets placed in the custody of the Eligible Foreign Custodian as belonging to the Fund Trust or Company or as being held by a third party for the benefit of the FundTrust or Company; (v) v. That the Fund's Trust’s and Companies’ independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) . That the Delegate and the Trust and Companies will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's AssetsTrust’s or a Company’s Assets placed in the custody of the Eligible Foreign Custodian, including, but not limited to, notification of any transfer to or from the Fund's Trust’s or a Company’s account or a third party account containing the Fund's Trust’s or a Company’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s or Company’ Assets as the specified provisions, in their entirety.

Appears in 2 contracts

Samples: Custodian Agreement (Sei Institutional Investments Trust), Custodian Agreement (Sei Institutional Managed Trust)

Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Fund’s Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Fund’s Assets as specified in Rule 17f-5(c)(1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 2 contracts

Samples: Delegation Agreement (Eagle Point Institutional Income Fund), Delegation Agreement (A3 Alternative Credit Fund)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund Trust assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Trust will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Trust’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Trust’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Trust’s Assets placed in the custody of the Eligible Foreign Custodian as belonging to the Fund Trust or as being held by a third party for the benefit of the FundTrust; (v) That the Fund's Trust’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate and the Trust will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's AssetsTrust’s Assets placed in the custody of the Eligible Foreign Custodian, including, but not limited to, notification of any transfer to or from the Fund's Trust’s account or a third party account containing the Fund's Trust’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 2 contracts

Samples: Custodian Agreement (Adviser Managed Trust), Custodian Agreement (Global X Funds)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians specified in paragraph (c)(1) of Rule 17f-5 under the relevant market1940 Act . Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that will adequately protect the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 2 contracts

Samples: Custodian Agreement (Pioneer Floating Rate Trust), Custodian Agreement (Pioneer Floating Rate Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund each Fund’s assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the each Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the each Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the each Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the each Fund's ’s Assets as belonging to the a Fund or as being held by a third party for the benefit of the a Fund; (v) That the each Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the a Fund's ’s account or a third party account containing the such Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the each Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (Riverpark Funds Trust)

Contract Administration. The Delegate shall cause that the Fund's foreign custody arrangements with an Eligible Foreign Custodian shall to be governed by a written contract (or, in the case of a Securities Depository, by such contract, by the rules or established practices or procedures of the depository, or by any combination of the foregoing) that the Delegate has determined will provide reasonable care for Fund assets the Fund's Assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such the Eligible Foreign Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the FundCompany's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Company (which may receive such information through the Delegate) will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, includingINCLUDING, but not limited toBUT NOT LIMITED TO, notification of any transfer NOTIFICATION OF ANY TRANSFER to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section subsection 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.,

Appears in 1 contract

Samples: Custodian Agreement (Bailard Biehl & Kaiser Fund Group Inc)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall to be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Fund’s Assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Master Custodian Agreement (DWS RREEF World Real Estate & Tactical Strategies Fund, Inc.)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall to be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets Assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; ; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; ; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; ; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Delegation Schedule (Nicholas Applegate Institutional Funds)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration;: (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, . in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, . in their entirety.

Appears in 1 contract

Samples: Custody Agreement (American Pension Investors Trust)

Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Funds’ Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Funds’ Assets as specified in Rule 17f-5(c) (1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Funds will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Funds’ Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the each Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the each Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the each Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Funds’ Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Delegation Agreement

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets a Fund's Assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the a Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the a Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the a Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the FundTrust's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custody Agreement (Northern Lights Fund Trust Ii)

Contract Administration. The Delegate shall cause that the foreign custody arrangements custodyarrangements with an Eligible Foreign Custodian shall be governed by a written contract that contractthat the Delegate has determined will provide reasonable care for Fund assets based on the onthe standards applicable to custodians in the relevant market. Each such contract shall, ,except as set forth in the last paragraph of this subsection (b), include provisions that providethatprovide: (i) For indemnification or insurance arrangements (or any combination of the foregoingtheforegoing) such that the Fund will be adequately protected against the risk of loss of assets ofassets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, ,lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a excepta claim of payment for their safe custody or administration or, in the case of cash depositscashdeposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, ,insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without transferablewithout the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging asbelonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records thoserecords described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to respectto the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer anytransfer to or from the Fund's ’s account or a third party account containing the Fund's AssetsFund’sAssets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such 3(b),such other provisions that the Delegate determines will provide, in their entirety, the same or a greater agreater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entiretytheirentirety.

Appears in 1 contract

Samples: Custody Agreement (PSG Capital Management Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund Trust assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) i. For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Trust will be adequately protected against the risk of loss of assets held in accordance with such contract; (; ii) . That the Fund's Trusts Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (; iii) . That beneficial ownership of the Fund's Trusts Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (; iv) . That adequate records will be maintained identifying the Fund's Trusts Assets placed in the custody of the Eligible Foreign Custodian as belonging to the Fund Trust or as being held by a third party for the benefit of the Fund; (v) Trust; v. That the Fund's Trusts independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (and vi) . That the Delegate and the Trust will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's AssetsTrusts Assets placed in the custody of the Eligible Foreign Custodian, including, but not limited to, notification of any transfer to or from the Fund's Trusts account or a third party account containing the Fund's Trusts Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Funds Assets as the specified provisions, in their entirety.. c.

Appears in 1 contract

Samples: Custodian Agreement (Sei Institutional International Trust)

Contract Administration. The In the case of an Eligible Foreign ----------------------- Custodian that is not a Securities Depository or a U.S. Bank, the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant marketmarket (or, in the case of a Securities Depository, by such contract, by the rules or established practices and procedures of the Securities Depository, or by an combination of the foregoing). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the Page 3 foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above above, or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Foreign Custody Manager Delegation Agreement (Bear Stearns Funds)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians specified in the relevant marketSection (c)(1) of Rule 17f-5. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Funds' Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's each Funds' Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's each Funds' Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the each Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the tot he safekeeping of the Fund's Funds' Assets, including, but not limited to, notification of any transfer to or from the each Fund's account or a third party account containing the he Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (BBH Fund Inc)

Contract Administration. The Delegate Foreign Custody Manager shall cause that the foreign custody arrangements with an Eligible eligible Foreign Custodian shall be governed by a written contract that the Delegate foreign Custody Manager has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of such assets, including, without limitation, those set forth in section 3(a) of this Delegation Schedule. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Foreign Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Foreign Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Foreign Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Foreign Custody Manager on behalf of the Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Foreign Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Foreign Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate Foreign Custody Manager determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Foreign Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (Scudder Commodities Stock Fund, Inc.)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration under the contract or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the each Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administrationadministration under the contract; (iv) That adequate records will be maintained by the Eligible Foreign Custodian identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate reasonably determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (Schwab Capital Trust)

Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Funds' Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Funds' Assets as specified in Rule 17f-5(c) (1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Funds will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Funds' Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the each Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the each Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the each Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports reports, which will be provided to the Funds by the Custodian, with respect to the safekeeping of the each Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Funds' Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Delegation Agreement (Fairholme Funds Inc)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: : (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets Assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; ; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; ; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; ; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and and (vi) That the Delegate Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.. 3 <PAGE> (c)

Appears in 1 contract

Samples: Custodian Agreement

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Trust will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the FundTrust's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the FundTrust's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the FundTrust's Assets as belonging to the Fund Trust or as being held by a third party for the benefit of the FundTrust; (v) That the FundTrust's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the FundTrust's Assets, including, but not limited to, notification of any transfer to or from the FundTrust's account or a third party account containing the FundTrust's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the FundTrust's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (Matthews International Funds)

Contract Administration. The Delegate shall cause that the foreign Delegate’s custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custody Agreement (Cross Shore Discovery Fund)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets a Fund’s Assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the a Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the a Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the a Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's Trust’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custody Agreement (Grand Prix Investors Trust)

Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Fund’s Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Fund’s Assets as specified in Rule 17f-5(c)(1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Delegation Agreement (Broadstone Real Estate Access Fund, Inc.)

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Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; records and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (World Funds Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund Trust assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Trust will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the FundTrust's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the FundTrust's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the FundTrust's Assets as belonging to the Fund Trust or as being held by a third party for the benefit of the FundTrust; (v) That the FundTrust's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the FundTrust's Assets, including, but not limited to, notification of any transfer to or from the FundTrust's account or a third party account containing the FundTrust's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the FundTrust's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (CSOP ETF Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. , Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (Javelin Exchange-Traded Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (bb ), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (Alger ETF Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate (and the Fund, if the Fund so requests) will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (RidgeWorth Funds)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund each Fund’s assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund Trust or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's Trust’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (Capitol Series Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; ; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; ; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; ; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; ; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (Cullen Funds Trust)

Contract Administration. The Delegate Foreign Custody Manager shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate Foreign Custody Manager has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Foreign Custody Manager will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate Foreign Custody Manager determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (Aberdeen Chile Fund, Inc.)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets a Fund's Assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the a Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the a Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the a Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the FundTrust's independent public accountants will be given access to those records described in (iv) above or confirmation confumation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custody Agreement (Unified Series Trust)

Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Funds’ Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Funds’ Assets as specified in Rule 17f-5(c)(1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Funds will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Funds’ Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the each Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the each Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the each Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Funds’ Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Delegation Agreement (Oberweis Funds)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall to be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Trust’s Assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Trust will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Trust’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Trust’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Trust’s Assets as belonging to the Fund Trust or as being held by a third party for the benefit of the FundTrust; (v) That the Fund's Trust’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Trust’s Assets, including, but not limited to, notification of any transfer to or from the Fund's Trust’s account or a third party account containing the Fund's Trust’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Trust’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (NuShares ETF Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's a Portfolio’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's a Portfolio’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's a Portfolio’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's a Portfolio’s Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's a Portfolio’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Portfolio’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (Northern Lights Fund Trust Ii)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide:Delegate (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisionsprovisions , in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (World Funds Trust)

Contract Administration. The Delegate shall cause that the Delegate's foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custody Agreement (Crow Point Global Dividend Plus Fund)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that lhat provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entiretyentirely, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (LocalShares Investment Trust)

Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Fund’s Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Fund’s Assets as specified in Rule 17f-5(c)(1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration;; EXECUTION COPY (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Delegation Agreement (Corsair Opportunity Fund)

Contract Administration. The Delegate shall cause that the foreign ----------------------- custody arrangements with an Eligible Foreign Custodian shall to be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (Lexington Emerging Markets Fund Inc)

Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Funds' Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Funds' Assets as specified in Rule 17f-5(c)(1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Funds will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Funds' Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the each Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the each Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the each Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Funds' Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Delegation Agreement (Icap Funds Inc)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Fund's Assets as specified in Rule 17f-5(c) (1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the a Fund's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (Umb Scout Balanced Fund Inc)

Contract Administration. The In the case of an Eligible Foreign Custodian that is not a Securities Depository or a U.S. Bank, the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund Portfolio assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Portfolio will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the FundPortfolio's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the FundPortfolio's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the FundPortfolio's Assets as belonging to the Fund Portfolio or as being held by a third party for the benefit of the FundPortfolio; (v) That the FundPortfolio's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the FundPortfolio's Assets, including, but not limited to, notification of any transfer to or from the FundPortfolio's account or a third party account containing the FundPortfolio's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the FundPortfolio's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Foreign Custody Manager Delegation Agreement (Dow Jones Islamic Market Index Portfolio)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and; (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (Pgim Etf Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets a Fund’s Assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the a Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the a Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the a Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's Trust’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custody Agreement (Unified Series Trust)

Contract Administration. The Delegate Foreign Custody Manager shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate Foreign Custody Manager has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Foreign Custody Manager will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate Foreign Custody Manager determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (Forward Funds Inc)

Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Fund's Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Fund's Assets as specified in Rule 17f-5(c)(1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.entirety.\

Appears in 1 contract

Samples: Delegation Agreement (Waddell & Reed Advisors Municipal Bond Fund Inc)

Contract Administration. The Delegate Custodian shall require that Citibank cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate Citibank has determined will provide reasonable care for Fund assets the Funds’ Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Funds’ Assets as specified in Rule 17f-5(c)(1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Funds will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Funds’ Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with Citibank that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate Citibank determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Funds’ Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Delegation Agreement (Little Harbor MultiStrategy Composite Fund)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians specified in paragraph (c)(1) of Rule 17f-5 under the relevant market1940 Act. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that will adequately protect the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's Trust’s independent registered public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (Burnham Investors Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; ; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; ; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (First Trust Exchange-Traded Fund V)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets placed in the custody of the Eligible Foreign Custodian as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate and the Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets’s Assets placed in the custody of the Eligible Foreign Custodian, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (SEI Structured Credit Fund, LP)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund Trust assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Trust will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the FundTrust's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; ; (iii) That beneficial ownership of the FundTrust's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; ; (iv) That adequate records will be maintained identifying the FundTrust's Assets as belonging to the Fund Trust or as being held by a third party for the benefit of the Fund; Trust; (v) That the FundTrust's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and and (vi) That the Delegate (and the Trust, if the Trust so requests) will receive sufficient and timely periodic reports with respect to the safekeeping of the FundTrust's Assets, including, but not limited to, notification of any transfer to or from the FundTrust's account or a third party account containing the FundTrust's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (Sei Institutional Investments Trust)

Contract Administration. The Delegate shall cause determine that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (First Investors Life Series Fund)

Contract Administration. The Delegate shall cause that the Funds' foreign custody arrangements with an Eligible Foreign Custodian shall to be governed by a written contract (or, in the case of a Securities Depository, by such contract, by the rules or established practices or procedures of the depository, or by any combination of the foregoing) that the Delegate has determined will provide reasonable care for Fund assets the Funds' Assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Funds will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Funds' Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such the Eligible Foreign Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Funds' Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Funds' Assets as belonging to the Fund Funds or as being held by a third party for the benefit of the FundFunds; (v) That the FundCompany's independent public accountants will be given access to those records described in in. (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Company (which may receive such information through the Delegate) will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Funds' Assets, including, but not limited to, notification of any transfer to or from the Fund's Funds' account or a third party account containing the Fund's Funds' Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section subsection 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Funds' Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Foreign Custody Manager Delegation Agreement (Bailard Biehl & Kaiser International Fund Group Inc)

Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Funds' Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Funds' Assets as specified in Rule 17f-5(c)(1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Funds will be adequately protected against the risk of loss of assets Assets held in accordance with such contract; (ii) That the Fund's Funds' Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the each Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the each Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the each Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing foreign Assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Funds’ Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Delegation Agreement (Sparx Funds Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund Trust assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Trust will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Trust’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Trust’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Trust’s Assets as belonging to the Fund Trust or as being held by a third party for the benefit of the FundTrust; (v) That the Fund's Trust’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate (and the Trust, if the Trust so requests) will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Trust’s Assets, including, but not limited to, notification of any transfer to or from the Fund's Trust’s account or a third party account containing the Fund's Trust’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (Sei Institutional International Trust)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Foreign Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Foreign Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Foreign Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Foreign Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing the Fund's ’s Foreign Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Foreign Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian Agreement (Huntington Funds)

Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Funds' Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Funds' Assets as specified in Rule 17f-5(c) (1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Funds will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Funds' Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the each Fund's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the each Fund's Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the each Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Funds will receive sufficient and timely periodic reports with respect to the safekeeping of the each Fund's Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Funds' Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Delegation Agreement (Wasatch Funds Inc)

Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Fund’s Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Fund’s Assets as specified in Rule 17f-5(c)(l). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate Fund will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3(b ), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Delegation Agreement (Broadstone Real Estate Access Fund)

Contract Administration. The Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets based on the standards applicable to custodians in the relevant market. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Funda Portfolio's Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Funda Portfolio's Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's a Portfolio’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's a Portfolio’s Assets, including, but not limited to, notification of any transfer to or from the Fund's account or a third party account containing the Fund's a Portfolio’s Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Portfolio’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (Uncommon Investment Funds Trust)

Contract Administration. The In the case of an Eligible Foreign Custodian that is not a Securities Depository or a U.S. Bank, the Delegate shall cause procure that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund Portfolios assets based on the standards applicable to custodians specified in the relevant marketsubsection (a) of this Section 3. Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund Portfolios will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's Portfolios’ Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's Portfolios’ Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's Portfolios’ Assets as belonging to the Fund Portfolios or as being held by a third party for the benefit of the FundPortfolios; (v) That the Fund's Portfolios’ independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such those records; and (vi) That the Delegate on behalf of the Portfolios will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's Portfolios’ Assets, including, but not limited to, notification of any transfer to or from the Fund's Portfolios’ account or a third party account containing the Fund's Portfolios’ Assets. Such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b3 (b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's Portfolios’ Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Foreign Custody Manager Delegation Agreement (Northwestern Mutual Series Fund Inc)

Contract Administration. The Custodian shall require that the Delegate shall cause that the foreign custody arrangements with an Eligible Foreign Custodian shall be governed by a written contract that the Delegate has determined will provide reasonable care for Fund assets the Fund’s Assets based on the standards applicable to custodians in the relevant marketmarket after considering all factors relevant to the safekeeping of the Fund’s Assets as specified in Rule 17f-5(c)(1). Each such contract shall, except as set forth in the last paragraph of this subsection (b), include provisions that provide: (i) For indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) That the Fund's ’s Assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors creditors, except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of such Custodian arising under bankruptcy, insolvency or similar laws; (iii) That beneficial ownership of the Fund's ’s Assets will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) That adequate records will be maintained identifying the Fund's ’s Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) That the Fund's ’s independent public accountants will be given access to those records described in (iv) above or confirmation of the contents of such records; and (vi) That the Delegate will receive sufficient and timely periodic reports with respect to the safekeeping of the Fund's ’s Assets, including, but not limited to, notification of any transfer to or from the Fund's ’s account or a third party account containing foreign assets held for the benefit of the Fund's Assets. Such The Custodian may permit in its agreement with the Delegate that such contract may contain, in lieu of any or all of the provisions specified in this Section 3(b), such other provisions that the Delegate determines will provide, in their entirety, the same or a greater level of care and protection for the Fund's ’s Assets as the specified provisions, in their entirety.

Appears in 1 contract

Samples: Delegation Agreement (Ivy Funds Inc)

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