Depositories. The Custodian shall have no liability whatsoever for the action or inaction of a Depository or a Foreign Depository or for any Losses resulting from the maintenance of assets with a Depository or a Foreign Depository, except to the extent such liability arises from the negligence, bad faith, fraud, recklessness or willful misconduct of the Custodian. Notwithstanding the foregoing sentence, the Custodian shall be liable for repayment to the Fund of cash credited to the Fund’s, the Custodian’s or a Subcustodian’s account at a Depository or a Foreign Depository that the Custodian is not able to recover from the Depository or Foreign Depository (other than as a result of a Country Risk Event).
Appears in 5 contracts
Samples: Custody Agreement (AMG Funds IV), Custody Agreement (AMG Funds II), Custody Agreement (AMG Funds I)
Depositories. The Custodian shall have no liability whatsoever for the action or inaction of a Depository or a Foreign Depository or for any Losses resulting from the maintenance of assets with a Depository or a Foreign Depository, except to the extent that such liability arises from Losses are caused by the negligence, bad faith, fraud, recklessness or willful misconduct of the Custodian. Notwithstanding the foregoing sentence, the Custodian shall be liable for repayment to the Fund of cash credited to the Fund’s, the Custodian’s or a Subcustodian’s account at a Depository or a Foreign Depository that the Custodian is not able to recover from the Depository or Foreign Depository (other than as a result of a Country Risk Event).
Appears in 2 contracts
Samples: Custody Agreement (Oaktree Strategic Credit Fund), Custody Agreement (Oaktree Strategic Income II, Inc.)
Depositories. The Custodian shall have no liability whatsoever for the action or inaction of a Depository or a Foreign Depository or for any Losses resulting from the maintenance of assets with a Depository or a Foreign Depository, except to the extent that such liability arises from Losses are caused by the negligence, bad faith, fraud, recklessness or willful misconduct failure of the CustodianCustodian to exercise Required Care. Notwithstanding the foregoing sentence, the Custodian shall be liable for repayment to the Fund of cash credited to the Fund’s, the Custodian’s or a Subcustodian’s account at a Depository or a Foreign Depository that the Custodian is not able to recover from the Depository or Foreign Depository (other than as a result of a Country Risk Event).
Appears in 2 contracts
Samples: Custody Agreement (Oaktree Funds), Custody Agreement (Oaktree Funds)
Depositories. The Custodian shall have no liability whatsoever for the action or inaction of a Depository or a Foreign Depository or for any Losses resulting from the maintenance of assets with a Depository or a Foreign Depository, except to the extent such liability arises from the negligence, bad faith, fraud, recklessness or willful misconduct of the Custodian. Notwithstanding the foregoing sentence, the Custodian shall be liable for repayment to the Fund of cash credited to the Fund’s, the Custodian’s or a Subcustodian’s account at a Depository or a Foreign Depository that the Custodian is not able to recover from the Depository or Foreign Depository (other than as a result of a Country Risk Event)Depository.
Appears in 2 contracts
Samples: Custody Agreement (AMG Pantheon Credit Solutions Fund), Custody Agreement (AMG Pantheon Private Equity Fund, LLC)