Common use of Disclosure of Conflicts Clause in Contracts

Disclosure of Conflicts. In connection with the matters outlined in Section 29.1.1, the Custodian, its Subcustodians and their Affiliates: 29.2.1 may do business with each client on different contractual or financial terms; 29.2.2 will seek to profit and is entitled to receive and retain profits and compensation in connection with such activities without any obligation to account to the Client for the same; 29.2.3 may act as principal in its own interests, or as agent for its other clients; 29.2.4 may act or refrain from acting based upon information derived from such activities that is not available to the Client; 29.2.5 are not under a duty to notify or disclose to the Client any information which comes to their notice as a result of such activities; and 29.2.6 do not have an obligation to consider, act in, or provide information to the Client in respect of, the interests of the Client in connection with such activities, except to the extent (if any) expressly agreed in writing with the Client under the contractual arrangements governing those activities. The Custodian may (but is not required to) make any disclosure or notification in connection with such activities to the Client via publication on XxXxxxxXxxxxx.xxx or other notification mechanism.

Appears in 14 contracts

Samples: Custody Agreement (Vista Credit Strategic Lending Corp.), Custody Agreement (Northern Lights Fund Trust IV), Custody Agreement (AGL Private Credit Income Fund LP)

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Disclosure of Conflicts. In connection with the matters outlined in Section 29.1.1, the Custodian, its Subcustodians and their Affiliates: 29.2.1 may do business with each client on different contractual or financial terms; 29.2.2 will seek to profit and is entitled to receive and retain profits and compensation in connection with such activities without any obligation to account to the Client for the same; 29.2.3 may act as principal in its own interests, or as agent for its other clients; 29.2.4 may act or refrain from acting based upon information derived from such activities that is not available to the Client; 29.2.5 are not under a duty to notify or disclose to the Client any information which comes to their notice as a result of such activities; and 29.2.6 do not have an obligation to consider, act in, or provide information to the Client in respect of, the interests of the Client in connection with such activities, except to the extent (if any) expressly agreed in writing with the Client under the contractual arrangements governing those activities. The Custodian may (but is not required to) make any disclosure or notification in connection with such activities to the Client via publication on XxXxxxxXxxxxx.xxx MxXxxxxXxxxxx.xxx or other notification mechanism.

Appears in 8 contracts

Samples: Custody Agreement (TCW ETF Trust), Custody Agreement (TCW ETF Trust), Custody Agreement (Cascade Private Capital Fund)

Disclosure of Conflicts. In connection with the matters outlined in Section 29.1.1, the Custodian, its Subcustodians and their Affiliates: 29.2.1 may do business with each client on different contractual or financial terms; 29.2.2 will seek to profit and is entitled to receive and retain profits and compensation in connection with such activities without any obligation to account to the Client for the same; 29.2.3 may act as principal in its own interests, or as agent for its other clients; 29.2.4 may act or refrain from acting based upon information derived from such activities that is not available to the Client; 29.2.5 are not under a duty to notify or disclose to the Client any information which comes to their notice as a result of such activities; and 29.2.6 do not have an obligation to consider, act in, or provide information to the Client in respect of, the interests of the Client in connection with such activities, except to the extent (if any) expressly agreed in writing with the Client under the contractual arrangements governing those activities. The Custodian may (but is not required to) make any disclosure or notification in connection with such activities to the Client via publication on XxXxxxxXxxxxx.xxx or other notification mechanism.. Information Classification: Limited Access

Appears in 6 contracts

Samples: Custody Agreement (Lord Abbett Private Credit Fund), Custody Agreement (Coller Secondaries Private Equity Opportunities Fund), Custody Agreement (Pershing Square USA, Ltd.)

Disclosure of Conflicts. In connection with the matters outlined in Section 29.1.1, the Custodian, its Subcustodians and their Affiliates: 29.2.1 may do business with each client on different contractual or financial terms; 29.2.2 will seek to profit and is entitled to receive and retain profits and compensation in connection with such activities without any obligation to account to the Client Trust for the same; 29.2.3 may act as principal in its own interests, or as agent for its other clients; 29.2.4 may act or refrain from acting based upon information derived from such activities that is not available to the ClientTrust; 29.2.5 are not under a duty to notify or disclose to the Client Trust any information which comes to their notice as a result of such activities; and 29.2.6 do not have an obligation to consider, act in, or provide information to the Client Trust in respect of, the interests of the Client Trust in connection with such activities, except to the extent (if any) expressly agreed in writing with the Client Trust under the contractual arrangements governing those activities. The Custodian may (but is not required to) make any disclosure or notification in connection with such activities to the Client Trust via publication on XxXxxxxXxxxxx.xxx or other notification mechanism.

Appears in 2 contracts

Samples: Custody Agreement (Litman Gregory Funds Trust), Custody Agreement (Litman Gregory Funds Trust)

Disclosure of Conflicts. In connection with the matters outlined in Section 29.1.1, the Custodian, its Subcustodians Subcustodians, and their Affiliates: 29.2.1 may do business with each client on different contractual or financial terms; 29.2.2 will seek to profit and is entitled to receive and retain profits and compensation in connection with such activities without any obligation to account to the Client for the same; 29.2.3 may act as principal in its own interests, or as agent for its other clients; 29.2.4 may act or refrain from acting based upon information derived from such activities that is not available to the Client; 29.2.5 are not under a duty to notify or disclose to the Client any information which comes to their notice as a result of such activities; and 29.2.6 do not have an obligation to consider, act in, or provide information to the Client in respect of, the interests of the Client in connection with such activities, except to the extent (if any) expressly agreed in writing with the Client under the contractual arrangements governing those activities. The Custodian may (but is not required to) make any disclosure or notification in connection with such activities to the Client via publication on XxXxxxxXxxxxx.xxx MxXxxxxXxxxxx.xxx or other notification mechanism.

Appears in 1 contract

Samples: Custody Agreement (2023 ETF Series Trust II)

Disclosure of Conflicts. In connection with the matters outlined in Section 29.1.1, the Custodian, its Subcustodians and their Affiliates: 29.2.1 4.2.1 may do business with each client on different contractual or financial terms; 29.2.2 4.2.2 will seek to profit and is entitled to receive and retain profits and compensation in connection with such activities without any obligation to account to the Client for the same; 29.2.3 4.2.3 may act as principal in its own interests, or as agent for its other clients; 29.2.4 4.2.4 may act or refrain from acting based upon information derived from such activities that is not available to the Client; 29.2.5 4.2.5 are not under a duty to notify or disclose to the Client any information which comes to their notice as a result of such activities; and 29.2.6 4.2.6 do not have an obligation to consider, act in, or provide information to the Client in respect of, the interests of the Client in connection with such activities, except to the extent (if any) expressly agreed in writing with the Client under the contractual arrangements governing those activities. The Custodian may (but is not required to) make any disclosure or notification in connection with such activities to the Client via publication on XxXxxxxXxxxxx.xxx or other notification mechanism.. Information Classification: Confidential Information Classification: Limited Access

Appears in 1 contract

Samples: Custody Agreement (Diamond Hill Securitized Credit Fund)

Disclosure of Conflicts. In connection with the matters outlined in Section 29.1.1, the Custodian, its Subcustodians and their Affiliates: 29.2.1 may do business with each client on different contractual or financial terms; 29.2.2 will seek to profit and is entitled to receive and retain profits and compensation in connection with such activities without any obligation to account to the Client for the same; 29.2.3 may act as principal in its own interests, or as agent for its other clients; 29.2.4 may act or refrain from acting based upon information derived from such activities that is not available to the Client; 29.2.5 are not under a duty to notify or disclose to the Client any information which comes to their notice as a result of such activities; and 29.2.6 do not have an obligation to consider, act in, or provide information to the Client in respect of, the interests of the Client in connection with such activities, except to the extent (if any) expressly agreed in writing with the Client under the contractual arrangements governing those activities. Information Classification: Limited Access The Custodian may (but is not required to) make any disclosure or notification in connection with such activities to the Client via publication on XxXxxxxXxxxxx.xxx MxXxxxxXxxxxx.xxx or other notification mechanism.

Appears in 1 contract

Samples: Custody Agreement (Elevation Series Trust)

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Disclosure of Conflicts. In connection with the matters outlined in Section 29.1.1, the Custodian, its Subcustodians and their Affiliates: 29.2.1 30.2.1 may do business with each client on different contractual or financial terms; 29.2.2 30.2.2 will seek to profit and is entitled to receive and retain profits and compensation in connection with such activities without any obligation to account to the Client for the same; 29.2.3 30.2.3 may act as principal in its own interests, or as agent for its other clients; 29.2.4 30.2.4 may act or refrain from acting based upon information derived from such activities that is not available to the Client; 29.2.5 30.2.5 are not under a duty to notify or disclose to the Client any information which comes to their notice as a result of such activities; and 29.2.6 30.2.6 do not have an obligation to consider, act in, or provide information to the Client in respect of, the interests of the Client in connection with such activities, except to the extent (if any) expressly agreed in writing with the Client under the contractual arrangements governing those activities. The Custodian may (but is not required to) make any disclosure or notification in connection with such activities to the Client via publication on XxXxxxxXxxxxx.xxx or other notification mechanism.

Appears in 1 contract

Samples: Custody Agreement (Hercules Capital, Inc.)

Disclosure of Conflicts. In connection with the matters outlined in Section 29.1.1E.14.1.1, the CustodianState Street, its Subcustodians and their Affiliates: 29.2.1 14.2.1 may do business with each client on different contractual or financial terms; 29.2.2 14.2.2 will seek to profit and is entitled to receive and retain profits and compensation in connection with such activities without any obligation to account to the Client for the same;; Information Classification: Limited Access 29.2.3 14.2.3 may act as principal in its own interests, or as agent for its other clients; 29.2.4 14.2.4 may act or refrain from acting based upon information derived from such activities that is not available to the Client; 29.2.5 14.2.5 are not under a duty to notify or disclose to the Client any information which comes to their notice as a result of such activities; and 29.2.6 14.2.6 do not have an obligation to consider, act in, or provide information to the Client in respect of, the interests of the Client in connection with such activities, except to the extent (if any) expressly agreed in writing with the Client under the contractual arrangements governing those activities. The Custodian State Street may (but is not required to) make any disclosure or notification in connection with such activities to the Client via publication on XxXxxxxXxxxxx.xxx or other notification mechanism.

Appears in 1 contract

Samples: Master Services Agreement (HSBC Funds)

Disclosure of Conflicts. In connection with the matters outlined in Section 29.1.1, the Custodian, its Subcustodians and their Affiliates: 29.2.1 may do business with each client on different contractual or financial terms; 29.2.2 will seek to profit and is entitled to receive and retain profits and compensation in connection with such activities without any obligation to account to the Client for the same; 29.2.3 may act as principal in its own interests, or as agent for its other clients;; Information Classification: Limited Access 20 29.2.4 may act or refrain from acting based upon information derived from such activities that is not available to the Client; 29.2.5 are not under a duty to notify or disclose to the Client any information which comes to their notice as a result of such activities; and 29.2.6 do not have an obligation to consider, act in, or provide information to the Client in respect of, the interests of the Client in connection with such activities, except to the extent (if any) expressly agreed in writing with the Client under the contractual arrangements governing those activities. The Custodian may (but is not required to) make any disclosure or notification in connection with such activities to the Client via publication on XxXxxxxXxxxxx.xxx or other notification mechanism.

Appears in 1 contract

Samples: Custody Agreement (Cotwo Advisors Physical European Carbon Allowance Trust)

Disclosure of Conflicts. In connection with the matters outlined in Section 29.1.1, 29.1.1 the Custodian, its Subcustodians and their Affiliates: 29.2.1 may do business with each client on different contractual or financial terms; 29.2.2 will seek to profit and is entitled to receive and retain profits and compensation in connection with such activities without any obligation to account to the Client for the same; 29.2.3 may act as principal in its own interests, or as agent for its other clients; 29.2.4 may act or refrain from acting based upon information derived from such activities that is not available to the Client; 29.2.5 are not under a duty to notify or disclose to the Client any information which comes to their notice as a result of such activities; and 29.2.6 do not have an obligation to consider, act in, or provide information to the Client in respect of, the interests of the Client in connection with such activities, except to the extent (if any) expressly agreed in writing with the Client under the contractual arrangements governing those activities. The Custodian may (but is not required to) make any disclosure or notification in connection with such activities to the Client via publication on XxXxxxxXxxxxx.xxx MxXxxxxXxxxxx.xxx or other notification mechanism.

Appears in 1 contract

Samples: Custody Agreement (Partners Group Next Generation Infrastructure LLC)

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