Common use of Currency and Related Risks Clause in Contracts

Currency and Related Risks. Except as otherwise provided herein, the Funds or Companies bear the risks of holding or transacting in any currency including any xxxx to market exposure associated with a foreign exchange transaction undertaken with the Custodian. Except as otherwise provided herein, the Custodian shall not be liable for any loss or damage arising from the applicability of any law or regulation now or hereafter in effect, or from the occurrence of any event, not resulting from the negligence or willful misconduct of the Custodian, which may delay or adversely affect the transferability, convertibility or availability of any currency in the country (a) in which such Principal or Agency Accounts are maintained or (b) in which such currency is issued, and in no event shall the Custodian be obligated to make payment of a deposit denominated in a currency during the period during which its transferability, convertibility or availability has been prevented or adversely affected by any such law, regulation or event. Without limiting the generality of the foregoing, neither the Custodian nor any Subcustodian shall be required to repay any deposit made at a foreign branch of either the Custodian or Subcustodian if such branch cannot repay the deposit due to a cause for which the Custodian would not be responsible in accordance with the terms of Section 10 of this Agreement unless the Custodian or such Subcustodian expressly agrees in writing to repay the deposit under such circumstances. The Custodian shall, however, at the Trust’s or Company’s request extend reasonable cooperation to the Trust or Company in connection with the Trust’s or Company’s endeavors to obtain repayment of the deposit. Such cooperation to include without limitation, making or arranging for the applicable Subcustodian to make, in the name and on behalf of the Trust or Company or otherwise, any required filings or applications with the appropriate authorities or central bank in the affected jurisdiction, provided however, that such cooperation shall not require the Custodian to incur any material expense or liability unless the Custodian is furnished by the Trust or Company with specific indemnification, reasonably satisfactory to the Custodian, against such expense or liability. All currency transactions in any account opened pursuant to this Agreement are subject to any applicable exchange control regulations of the United States and of the country where such currency is the lawful currency or where the account is maintained. Any taxes, costs, charges or fees imposed on the convertibility of a currency held by a Fund or a Company shall be for the account of the Fund or Company.

Appears in 2 contracts

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

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Currency and Related Risks. Except as otherwise provided herein, the Funds or Companies bear The Fund bears the risks of holding or transacting in any currency currency, including any xxxx to market exposure associated with a foreign exchange transaction undertaken with the Custodian. Except as otherwise provided herein, the The Custodian shall not be liable for any loss or damage arising from the applicability of any law or regulation now or hereafter in effect, or from the occurrence of any event, to the extent not resulting from caused by the negligence or willful misconduct of the Custodian, which may delay or adversely affect the transferability, convertibility or availability of any currency in the country (a) in which such Principal or Agency Accounts are maintained or (b) in which such currency is issued, and in no event shall the Custodian be obligated to make payment of a deposit denominated in a currency during the period during which its transferability, convertibility or availability has been prevented or adversely affected by any such law, regulation or event. Without limiting the generality of the foregoing, neither the Custodian nor any Subcustodian shall be required to repay any deposit made at a foreign branch of either the Custodian or Subcustodian if such branch cannot repay the deposit due to a cause for which the Custodian would not be responsible in accordance with the terms of Section 10 9 of this Agreement unless the Custodian or such Subcustodian expressly agrees in writing to repay the deposit under such circumstances. The Custodian shall, however, at the TrustFund’s or Company’s reasonable request and expense, extend reasonable cooperation to the Trust or Company Fund in connection with the Trust’s or CompanyFund’s endeavors to obtain repayment of the deposit. Such cooperation to include without limitation, making or arranging for requesting that the applicable Subcustodian to make, in the name and on behalf of the Trust or Company Fund or otherwise, any required filings or applications with the appropriate authorities or central bank in the affected jurisdiction, provided however, that such cooperation shall not require the Custodian or any Subcustodian to incur any material expense or liability unless the Custodian (or Subcustodian, if applicable) is furnished by the Trust or Company Fund, on behalf of the applicable Portfolio, with specific indemnification, reasonably satisfactory to the CustodianCustodian or Subcustodian, against such expense or liability. All currency transactions in any account opened pursuant to this Agreement are subject to any applicable exchange control regulations of the United States and of the country where such currency is the lawful currency or where the account is maintained. Any taxes, costs, charges or fees imposed on the convertibility of a currency held by the Fund, on behalf of a Fund or a Company Portfolio, shall be for the account of the Fund or CompanyFund, on behalf of the Portfolio.

Appears in 1 contract

Samples: Funds Transfer Services Agreement (Ultimus Managers Trust)

Currency and Related Risks. Except as otherwise provided herein, the Funds or Companies bear Fund bears the risks of holding or transacting in any currency including any xxxx to market exposure associated with a foreign exchange transaction undertaken with the Custodiancurrency. Except as otherwise provided herein, the Custodian shall not be liable for any loss or damage arising from the applicability of any law or regulation now or hereafter in effect, or from the occurrence of any event, not resulting from the negligence or willful misconduct of the Custodian, which may delay or adversely affect the transferability, convertibility or availability of any currency in the country (a) in which such Principal or Agency Accounts are maintained or (b) in which such currency is issued, and in no event shall the Custodian be obligated to make payment of a deposit denominated in a currency during the period during which its transferability, convertibility or availability has been prevented or adversely affected by any such law, regulation or event. Without limiting the generality of the foregoing, neither the Custodian nor any Subcustodian shall be required to repay any deposit made at a foreign branch of either the Custodian or Subcustodian if such branch cannot repay the deposit due to a cause for which the Custodian would not be responsible in accordance with the terms of Section 10 of this Agreement unless the Custodian or such Subcustodian expressly agrees in writing to repay the deposit under such circumstances. The Custodian shall, however, at the Trust’s or CompanyFund’s request extend reasonable cooperation to the Trust or Company Fund in connection with the Trust’s or CompanyFund’s endeavors to obtain repayment of the deposit. Such cooperation to include without limitation, making or arranging for the applicable Subcustodian to make, in the name and on behalf of the Trust or Company Fund or otherwise, any required filings or applications with the appropriate authorities or central bank in the affected jurisdiction, provided however, that such cooperation shall not require the Custodian to incur any material expense or liability unless the Custodian is furnished by the Trust or Company Fund with specific indemnification, reasonably satisfactory to the Custodian, against such expense or liability. All currency transactions in any account opened pursuant to this Agreement are subject to any applicable exchange control regulations of the United States and of the country where such currency is the lawful currency or where the account is maintained. Any taxes, costs, charges or fees imposed on the convertibility of a currency held by a Fund or a Company shall be for the account of the Fund or CompanyFund.

Appears in 1 contract

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

Currency and Related Risks. Except as otherwise provided herein, the Funds or Companies bear The Fund bears the risks of holding or transacting in any currency currency, including any xxxx mxxx to market exposure associated with a foreign exchange transaction undertaken with the Custodian. Except as otherwise provided herein, the The Custodian shall not be liable for any loss or damage arising from the applicability of any law or regulation now or hereafter in effect, or from the occurrence of any event, to the extent not resulting from caused by the negligence or willful misconduct of the Custodian, which may delay or adversely affect the transferability, convertibility or availability of any currency in the country (a) in which such Principal or Agency Accounts are maintained or (b) in which such currency is issued, and in no event shall the Custodian be obligated to make payment of a deposit denominated in a currency during the period during which its transferability, convertibility or availability has been prevented or adversely affected by any such law, regulation or event. Without limiting the generality of the foregoing, neither the Custodian nor any Subcustodian shall be required to repay any deposit made at a foreign branch of either the Custodian or Subcustodian if such branch cannot repay the deposit due to a cause for which the Custodian would not be responsible in accordance with the terms of Section 10 9 of this Agreement unless the Custodian or such Subcustodian expressly agrees in writing to repay the deposit under such circumstances. The Custodian shall, however, at the Trust’s or CompanyFund’s request and expense, extend reasonable cooperation to the Trust or Company Fund in connection with the Trust’s or CompanyFund’s endeavors to obtain repayment of the deposit. Such cooperation to include without limitation, making or arranging for requesting that the applicable Subcustodian to make, in the name and on behalf of the Trust or Company Fund or otherwise, any required filings or applications with the appropriate authorities or central bank in the affected jurisdiction, provided however, that such cooperation shall not require the Custodian or any Subcustodian to incur any material expense or liability unless the Custodian (or Subcustodian, if applicable) is furnished by the Trust or Company Fund with specific indemnification, reasonably satisfactory to the CustodianCustodian or Subcustodian, against such expense or liability. All currency transactions in any account opened pursuant to this Agreement are subject to any applicable exchange control regulations of the United States and of the country where such currency is the lawful currency or where the account is maintained. Any taxes, costs, charges or fees imposed on the convertibility of a currency held by a the Fund or a Company shall be for the account of the Fund or CompanyFund.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (New Age Alpha Trust)

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Currency and Related Risks. Except as otherwise provided herein, the Funds or Companies bear the risks of holding or transacting in any currency including any xxxx to market exposure associated with a foreign exchange transaction undertaken with the Custodian. Except as otherwise provided herein, the Custodian shall not be liable for any loss or damage arising from the applicability of any law or regulation now or hereafter in effect, or from the occurrence of any event, not resulting from the negligence or willful misconduct of the Custodian, which may delay or adversely affect the transferability, convertibility or availability of any currency in the country (a) in which such Principal or Agency Accounts are maintained or (b) in which such currency is issued, and in no event shall the Custodian be obligated to make payment of a deposit denominated in a currency during the period during which its transferability, convertibility or availability has been prevented or adversely affected by any such law, regulation or event. Without limiting the generality of the foregoing, neither the Custodian nor any Subcustodian shall be required to repay any deposit made at a foreign branch of either the Custodian or Subcustodian if such branch cannot repay the deposit due to a cause for which the Custodian would not be responsible in accordance with the terms of Section 10 of this Agreement unless the Custodian or such Subcustodian expressly agrees in writing to repay the deposit under such circumstances. The Custodian shall, however, at the Trust’s or Company’s Trusts request extend reasonable cooperation to the Trust or Company in connection with the Trust’s or Company’s Trusts endeavors to obtain repayment of the deposit. Such cooperation to include without limitation, making or arranging for the applicable Subcustodian to make, in the name and on behalf of the Trust or Company or otherwise, any required filings or applications with the appropriate authorities or central bank in the affected jurisdiction, provided however, that such cooperation shall not require the Custodian to incur any material expense or liability unless the Custodian is furnished by the Trust or Company with specific indemnification, reasonably satisfactory to the Custodian, against such expense or liability. All currency transactions in any account opened pursuant to this Agreement are subject to any applicable exchange control regulations of the United States and of the country where such currency is the lawful currency or where the account is maintained. Any taxes, costs, charges or fees imposed on the convertibility of a currency held by a Fund or a Company shall be for the account of the Fund or CompanyFund.

Appears in 1 contract

Samples: Custodian Agreement This Agreement (Sei Institutional International Trust)

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