Custodian as Agent. The Depositor acknowledges that he or she has the sole responsibility for any taxes, penalties or other fees and expenses associated with his or her actions or inactions regarding the laws, Regulations and rules associated with this Agreement. Further, the Depositor acknowledges and understands that the Custodian will act solely as an agent for the Depositor and bears no fiduciary responsibility. The Custodian will rely on the information provided by the Depositor and has no duty to question or independently verify or investigate any such information. The Depositor will indemnify and hold the Custodian harmless from any liabilities, including claims, judgments, investment losses, and expenses (including attorney's fees), which may arise under this Agreement, except liability arising from gross negligence or willful misconduct of the Custodian. Custodian Acquired/Merged. If the Custodian is purchased by or merged with another financial institution qualified to serve as a trustee or custodian that institution will automatically become the trustee or custodian of this Xxxx XXX unless otherwise indicated.
Custodian as Agent. The Custodian is authorized to act under the terms of this Agreement as the Fund's agent and shall be representing the Fund whenever acting within the scope of the Agreement.
Custodian as Agent. The Employer and the Participant acknowledge and agree that the Custodian shall act on the Instructions of the Participant and that the Custodian is not a fiduciary by virtue of accepting and carrying out its custodian duties under this Agreement and has not accepted any fiduciary duties, responsibilities or liabilities with respect to custodial services. The Custodian shall be under no duties whatsoever except such duties as are specifically set forth as such in this Custodial Agreement, and no implied covenant or obligation shall be read into this Custodial Agreement against the Custodian. In the performance of its duties, the Custodian shall be liable only for its own gross negligence and willful misconduct. The Participant shall have the sole authority and responsibility for the enforcement or defense of the terms and conditions of the Custodial Agreement against, or on behalf of, any person(s) claiming any interest in the Custodial Account.
Custodian as Agent. The Custodian is authorized to act under the terms of this Agreement as the Trust's agent and to represent the Trust and a particular Fund of the Trust whenever acting within the scope of the Agreement.
Custodian as Agent. The Depositor, Responsible Individual and Designated Beneficiary acknowledge that they are responsible for any taxes, penalties or other fees and expenses associated with his or her actions or inactions regarding the laws, regulations and rules associated with this Agreement. Further, the Depositor, Responsible Individual, and Designated Beneficiary acknowledge and understand that the Custodian will act solely as an agent and bears no fiduciary responsibility. The Custodian will rely on the information provided by the Depositor, Responsible Individual, and Designated Beneficiary and has no duty to question or independently verify or investigate any such information. The Depositor, Responsible Individual, and Designated Beneficiary will indemnify and hold the Custodian harmless from any liabilities, including claims, judgments, investment losses, and expenses (including attorney's fees), which may arise under this Agreement, except liability arising from gross negligence or willful misconduct of the Custodian. Custodian Acquired/Merged. If the Custodian is purchased by or merged with another financial institution qualified to serve as a trustee or custodian, that institution will automatically become the trustee or custodian of this Xxxxxxxxx ESA unless otherwise indicated.
Custodian as Agent. The Custodian is authorized to act under the terms of this Agreement as the Fund's agent and shall be representing the Fund whenever acting within the scope of the Agreement. Subject to the provisions of Section 6, the Custodian is authorized further to appoint sub-custodians and other agents from time to time to carry out some or all of the duties which the Custodian is authorized to perform hereunder.
Custodian as Agent. The Document Custodian agrees that, with respect to any Underlying Instruments at any time or times in its possession, the Document Custodian shall be the agent of the Administrative Agent, for the benefit of the Secured Parties, for purposes of perfecting (to the extent not otherwise perfected) the Administrative Agent’s security interest in the Collateral and for the purpose of ensuring that such security interest is entitled to first priority status under the UCC.
Custodian as Agent. The Depositor acknowledges that he or she has the sole responsibility for any taxes, penalties or other fees and expenses associated with his or her actions or inactions regarding the laws, Regulations and rules associated with this Agreement. Further, the Depositor acknowledges and understands that the Custodian will act solely as an agent for the Depositor and bears no fiduciary responsibility. The Custodian will rely on the information provided by the Depositor and has no duty to question or independently verify or investigate any such information. The Depositor will indemnify and hold the Custodian harmless from any liabilities, including claims, judgments, investment losses, and expenses (including attorney's fees), which may arise under this Agreement, except liability arising from gross negligence or willful misconduct of the Custodian. Custodian Acquired/Merged. If the Custodian is purchased by or merged with another financial institution qualified to serve as a trustee or custodian that institution will automatically become the trustee or custodian of this IRA unless otherwise indicated. Maintenance of Records. The Custodian will maintain adequate records and perform its reporting obligations required under the Agreement. The Custodian's sole duty to the Depositor regarding reporting is to furnish the IRS mandated reports as required in Article V of this Agreement. The Custodian may, at its discretion, furnish additional reports or information to the Depositor. The Depositor approves any report furnished by the Custodian, unless within 60 days of receiving the report, the Depositor notifies the Custodian in writing of any discrepancies. Upon receipt of such notice, the Custodian's responsibility is to investigate the request and make any corrections or adjustments accordingly.
Custodian as Agent. The Custodian is an agent appointed by the Participant on its behalf to perform solely the duties assigned to the Custodian under the Agreement, it being acknowledged by the Participant that Fidelity Affiliates may assist the Custodian in meeting its obligations hereunder, and that the Custodian and/or Fidelity Affiliates may also separately contract with the Employer to provide additional services, such as recordkeeping services, with respect to the Account, the Plan, or other accounts and Plans of the Employer. Neither the Custodian nor any Fidelity Affiliate shall take any action which the Custodian or the Fidelity Affiliate, in its sole discretion, determines may make it a fiduciary with respect to the Plan or the Account, and accordingly, neither the Custodian nor any Fidelity Affiliate shall be deemed to be a fiduciary in performing the following actions pursuant to this Agreement:
