Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 12 contracts
Samples: Custodian Agreement (Evergreen Municipal Trust /De/), Custodian Agreement (Cash Resource Trust /Ma/), Custodian Agreement (Evergreen Select Money Market Trust)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 9 contracts
Samples: Custodian Contract (Gt Global Variable Investment Series), Custodian Contract (Gt Global Variable Investment Trust), Custodian Contract (Global Investment Portfolio)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated with respect to any Portfolio by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio ; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 8 contracts
Samples: Custodian Contract (Landmark Fixed Income Funds /Ma/), Custodian Contract (Government Income Portfolio), Custodian Contract (Landmark Funds Ii)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 8 contracts
Samples: Custodian Contract (Litman Gregory Funds Trust), Custodian Contract (Master Trust), Custodian Contract (Painewebber Investment Trust Ii)
Effective Period, Termination and Amendment. This Agreement shall become effective as of its executionexecution and, unless terminated earlier as provided within this section, shall continue in full force and effect until terminated as hereinafter providedfor two years ("Initial Term"). After the Initial Term, and upon annual Board approval, this Agreement shall remain in effect for subsequent one-year term(s) ("Subsequent Term"). This Agreement may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the a Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the such Fund's Declaration of TrustGoverning Documents, and further provided, that the any Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Agreement with respect to any one particular Fund or Portfolio shall in no way affect the rights and duties under this Agreement with respect to any other Fund or Portfolio. Upon termination of the Agreement, the applicable Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 8 contracts
Samples: Master Custodian Agreement (Scudder Flag Investors Equity Partners Fund Inc), Master Custodian Agreement (Deutsche Asset Management Vit Funds), Master Custodian Agreement (Bt Pyramid Mutual Funds)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has Directors of the Fund have approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved Directors have reviewed the initial use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the Direct Paper System by such PortfolioInvestment Company Act of 1940, as amended; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 7 contracts
Samples: Custodian Contract (RS Variable Products Trust), Custodian Contract (Guardian Cash Fund Inc), Custodian Contract (Alliance Mortgage Securities Income Fund Inc)
Effective Period, Termination and Amendment. This Agreement The Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; providedPROVIDED, however however, that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved reviewed the initial use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the Direct Paper System by such PortfolioInvestment Company Act of 1940; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by be action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 7 contracts
Samples: Custodian Contract (Advantus Real Estate Securities Fund Inc), Custodian Contract (Advantus Index 500 Fund Inc), Custodian Contract (Advantus Enterprise Fund Inc)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by the Fund of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such Portfoliothe Fund of the Direct Paper System; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Articles of Incorporation/Declaration of Trust, and further further, provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors/Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 7 contracts
Samples: Custodian Contract (Prudential Tax Managed Equity Fund), Custodian Contract (Prudential Government Income Fund Inc), Custodian Contract (Prudential Small Co Value Fund Inc)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect with respect to each Portfolio until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, Portfolio as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of TrustTrust Instrument, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements. Termination of the Contract with respect to one Portfolio (but less than all of the Portfolios) will not constitute termination of the Contract, and the terms of the Contract continue to apply to the other Portfolios.
Appears in 7 contracts
Samples: Custodian Contract (Neuberger & Berman Income Funds), Custodian Contract (Neuberger & Berman Income Trust), Custodian Contract (Neuberger Berman Equity Series)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio ; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 6 contracts
Samples: Custodian Contract (Lord Asset Management Trust), Custodian Contract (Colonial Trust Iii), Custodian Contract (Liberty Variable Investment Trust)
Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian U.S. Trust shall not with respect to a Portfolio act under Section 2.8 8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities Depository or Book Entry System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved reviewed the initial use by the Fund of such Securities Depository and/or Book Entry System, as required in each case by Rule 17f-4 under the Direct Paper System by such PortfolioInvestment Company Act of 1940, as amended; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian U.S. Trust by giving notice as described above to the CustodianU.S. Trust, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian U.S. Trust by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to the Custodian U.S. Trust such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian U.S. Trust for its costs, expenses and disbursements.
Appears in 6 contracts
Samples: Exchange Traded Fund Custody Agreement (Nuveen New York Performance Plus Municipal Fund Inc), Mutual Fund Custody Agreement (Nuveen California Investment Quality Municipal Fund Inc), Agreement (Nuveen California Performance Plus Municipal Fund Inc)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of the date of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its the Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, Custodian or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 6 contracts
Samples: Custodian Contract (Scudder Value Series Inc), Custodian Contract (Kemper Horizon Fund), Custodian Contract (Invesco Treasurers Series Funds Inc)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided furtherPROVIDED FURTHER, however, that the Fund Trust shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of TrustTrust Bylaws, and further provided, that the Fund Trust on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund Trust on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 5 contracts
Samples: Custodian Contract (Safeco Tax Exempt Bond Trust), Custodian Contract (Safeco Resource Series Trust), Custody Agreement (Safeco Money Market Trusts)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 5 contracts
Samples: Custodian Contract (Invesco Diversified Funds Inc), Custodian Contract (Invesco Tax Free Income Funds Inc), Custodian Contract (Invesco Variable Investment Funds Inc)
Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however however, that the Custodian U.S. Trust shall not with respect to a Portfolio act under Section 2.8 8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities Depository or Book Entry System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved reviewed the initial use by the Fund of such Securities Depository and/or Book Entry System, as required in each case by Rule 17f-4 under the Direct Paper System by such PortfolioInvestment Company Act of 1940, as amended; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian U.S. Trust by giving notice as described above to the CustodianU.S. Trust, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian U.S. Trust by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to the Custodian U.S. Trust such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian U.S. Trust for its costs, expenses and disbursements.
Appears in 5 contracts
Samples: Exchange Traded Fund Custody Agreement (Nuveen Premium Income Municipal Fund 4 Inc), Custody Agreement (Nuveen Premium Income Municipal Fund 4 Inc), Mutual Fund Custody Agreement (Nuveen Select Quality Municipal Fund Inc)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Portfolio; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 4 contracts
Samples: Custodian Agreement (Hartford Series Fund Inc), Amended And (Hartford Advisors HLS Fund Inc), Custodian Contract (Hartford HLS Series Fund Ii Inc)
Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's Trust Agreement or Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 3 contracts
Samples: Custodian Agreement (White Elk Funds), Custodian Agreement (White Elk Funds), Custodian Agreement (White Elk Funds)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 3 contracts
Samples: Custodian Contract (Hartford Mutual Funds Inc/Ct), Custodian Contract (Hartford Series Fund Inc), Custodian Contract (Style Select Series Inc)
Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 3 contracts
Samples: Custodian Agreement (Evergreen Select Equity Trust), Custodian Agreement (Evergreen Fixed Income Trust /De/), Custodian Agreement (Marsico Investment Fund)
Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) calendar days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust’s Governing Documents, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the each applicable Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements. Termination of this Agreement with respect to any one particular Fund or Portfolio shall in no way affect the rights and duties under this Agreement with respect to any other Fund or Portfolio. The provisions of Sections 4.11, 14 and 15 of this Agreement shall survive termination of this Agreement for any reason. This Agreement may be amended at any time in writing by mutual agreement of the parties hereto.
Appears in 3 contracts
Samples: Master Custodian Agreement, Master Custodian Agreement (Met Investors Series Trust), Master Custodian Agreement (Metropolitan Series Fund)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party the Fund, the Custodian or the Sub-Custodian by an instrument in writing delivered or mailed, postage prepaid to the other partyparties, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Sub-Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Sub-Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such PortfolioPortfolio ; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Sub-Custodian by giving notice as described above to the Sub-Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Sub-Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Sub-Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Sub-Custodian for its costs, expenses and disbursements.
Appears in 3 contracts
Samples: Sub Custodian Contract (St Clair Funds Inc), Sub Custodian Contract (St Clair Funds Inc), Sub Custodian Contract (Munder Funds Inc)
Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid prepaid, to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; provided, however however, that the Custodian shall not with respect to a Portfolio act under Section 2.8 L of Article II hereof in the absence of receipt of an initial certificate from the Fund that the Trustees of the Secretary or an Assistant Secretary that the Board of Trustees has Fund have approved the initial use of a particular Securities System by such Portfolioand the receipt of an annual certificate reporting that the Trustees, as required by Rule 17f-4 under the 1940 Act and that have reviewed the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in use by the absence Fund of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioSecurities System; provided further, however, that the Fund shall not amend or terminate this the Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's Agreement and Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to reimburse the Custodian such compensation as may be for those costs, expenses and disbursements that are due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursementstermination.
Appears in 3 contracts
Samples: Custodian Agreement (Wilmington Low Volatility Fund of Funds), Custodian Agreement (Wt Investment Trust I), Custodian Agreement (Wt Mutual Fund)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by the Fund of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfoliothe Fund of the Direct Paper System; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 3 contracts
Samples: Custodian Contract (Prudential Special Money Market Fund Inc), Custodian Contract (Fpa Paramount Fund Inc), Custodian Contract (Emerging Germany Fund Inc)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect with respect to each Portfolio until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, Portfolio as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of TrustTrust Instrument, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements. Termination of the Contract with respect to one Portfolio (but less than all of the Portfolios) will not constitute termination of the Contract, and the terms of the Contract continue to apply to the other Portfolios.
Appears in 3 contracts
Samples: Custodian Contract (Neuberger & Berman Equity Funds), Custodian Contract (Neuberger & Berman Equity Assets), Custodian Contract (Neuberger & Berman Equity Funds)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of the date of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio the Fund act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of a particular Securities System by such Portfoliothe Fund, as required by Rule 17f-4 under the 1940 Investment Company Act and that the Custodian shall not with respect to a Portfolio the Fund act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfoliothe Fund; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its the Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, Custodian or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 3 contracts
Samples: Kemper Floating Rate Fund, Kemper Municipal Income Trust, Kemper Municipal Income Trust
Effective Period, Termination and Amendment. This Agreement agreement shall ------------------------------------------- become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian Chase Manhattan Bank shall not with respect to a Portfolio act under Section 2.8 8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities Depository or Book Entry System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved reviewed the initial use by the Fund of such Securities Depository and/or Book Entry System, as required in each case by Rule 17f-4 under the Direct Paper System by such PortfolioInvestment Company Act of 1940, as amended; provided further, however, that the Fund shall not amend or terminate this Agreement agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios Trust may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian Chase Manhattan Bank by giving notice as described above to the CustodianChase Manhattan Bank, or (ii) immediately terminate this Agreement agreement in the event of the appointment of a conservator or receiver for the Custodian Chase Manhattan Bank by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to the Custodian The Chase Manhattan Bank such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian The Chase Manhattan Bank for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Custody Agreement (Nuveen Money Market Trust), Custody Agreement (Nuveen Investment Trust Iii)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio ; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Custodian Contract (Seasons Series Trust), Orbitex Group of Fund
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Custodian Contract (Northstar NWNL Trust), Custodian Contract (Northstar NWNL Trust)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board Directors of Trustees has the Fund have approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board Directors have reviewed the use by the Fund of Trustees has approved such Securities System, as required in each case by Rule 17f-4 under the initial use Investment Company Act of the Direct Paper System by such Portfolio1940, as amended; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursementsdisbursements as contemplated by this Contract.
Appears in 2 contracts
Samples: Custodian Agreement (Painewebber Rma Tax Free Fund Inc), Custodian Agreement (Painewebber Rma Money Fund Inc)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System by such PortfolioSystem, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of or an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such PortfolioSystem; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Custodian Contract (Gt Global Floating Rate Fund Inc), Custodian Contract (Gt Global Select Floating Rate Fund)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect with respect to each Portfolio until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the use of a particular Securities System by such Portfolio as required by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use use- of a particular Securities the Direct Paper System by such Portfolio, as required by Rule 17f-4 under Portfolio and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved reviewed the initial use by such Portfolio of the Direct Paper System by such PortfolioSystem; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of TrustTrust Instrument, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements. Termination of the Contract with respect to one Portfolio (but less than all of the Portfolios) will not constitute termination of the Contract, and the terms of the Contract continue to apply to the other Portfolios.
Appears in 2 contracts
Samples: Custodian Contract (Neuberger Berman Advisers Management Trust), Custodian Contract (Neuberger Berman Advisers Management Trust)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.l0 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Custodian Contract (Alliance Institutional Funds Inc), Alliancebernstein Blended Style Series Inc
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by the Fund of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfoliothe Fund of the Direct Paper System; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Custodian Contract (Sei International Trust), Custodian Contract (Invesco Global Health Sciences Fund)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect effect, unless expressly provided otherwise in this Contract, not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of a certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular U.S. Securities System by such Portfolio or any changes thereto, and that the Custodian shall not with respect to a Portfolio act under Section 2.10 hereof in the absence of receipt of a certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio or any changes thereto; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of TrustTrust Instrument, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursementsdisbursements pursuant to this Contract.
Appears in 2 contracts
Samples: Custodian Contract (Schroder Series Trust Ii), Custodian Contract (Schroder Capital Funds /Delaware/)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its the Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Custodian Contract (New England Funds Trust Iii), Custodian Contract (New England Funds Trust Iii)
Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, execution and shall continue in full force and effect until terminated as hereinafter provided, . The parties may be amended mutually agree to amend this Agreement at any time by mutual agreement of the parties hereto and time. Either party may be terminated by either party terminate this Agreement by an instrument in writing delivered or mailed, postage prepaid to the other party, such the termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; provided, however that the Custodian nor shall not with respect to a Portfolio Wachovia act under Section 2.8 hereof Paragraph 8 in the absence of receipt of an initial a certificate from the Fund's secretary containing the resolution of the Secretary or an Assistant Secretary Board regarding the Board's determination that it is reasonable to rely on Wachovia to perform the Board of Trustees has approved the initial use of a particular Securities System by such Portfolio, responsibilities delegated pursuant to this Agreement to Wachovia as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial certificate Foreign Custody Manager of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; Fund, provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian Wachovia by giving notice as described above to the Custodian, Wachovia or (ii) immediately terminate this Agreement in the event the Comptroller of the appointment of Currency appoints a conservator or receiver for the Custodian by the Comptroller of the Currency Wachovia or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such Wachovia all compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian Wachovia for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Mutual Fund Custody Agreement (Advisors Inner Circle Fund II), Agreement (Sei Institutional Investments Trust)
Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailedmailed by registered mail, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioAct; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (ia) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (iib) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreementhereof, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursementsdisbursements in discharging its responsibilities hereunder, excluding Custodian's operating overhead.
Appears in 2 contracts
Samples: Custody and Investment Accounting Agreement (Monument Series Fund Inc), Custody and Investment Accounting Agreement (Monument Series Fund Inc)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2. 10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Scudder Pathway Series /New/, Scudder Pathway Series /New/
Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid prepaid, to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; provided, however however, that the Custodian shall not with respect to a Portfolio act under Section 2.8 L of Article II hereof in the absence of receipt of an initial certificate from the Fund that the Trustees of the Secretary or an Assistant Secretary that the Board of Trustees has Fund have approved the initial use of a particular Securities System by such Portfolioand the receipt of an annual certificate reporting that the Trustees, as required by Rule 17f-4 under the 1940 Act and that have reviewed the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in use by the absence Fund of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioSecurities System; provided further, however, that the Fund shall not amend or terminate this the Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's Agreement and Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementAgrreement, the Fund on behalf of each applicable Portfolio shall pay to reimburse the Custodian such compensation as may be for those costs, expenses and disbursements that are due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursementstermination.
Appears in 2 contracts
Samples: Custodian Agreement (Wt Mutual Fund), Agreement (Wt Investment Trust I)
Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however however, that the Custodian U.S. Trust shall not with respect to a Portfolio act under Section 2.8 8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities Depository or Book Entry 23 System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved reviewed the initial use by the Fund of such Securities Depository and/or Book Entry System, as required in each case by Rule 17f-4 under the Direct Paper System by such PortfolioInvestment Company Act of 1940, as amended; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian U.S. Trust by giving notice as described above to the CustodianU.S. Trust, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian U.S. Trust by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to the Custodian U.S. Trust such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian U.S. Trust for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Exchange Traded Fund Custody Agreement (Nuveen New York Quality Income Municipal Fund Inc), Exchange Traded Fund Custody Agreement (Nuveen Premium Income Municipal Fund Inc)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention Contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller Connecticut Department of the Currency Banking or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Custodian Contract (Orbitex Group of Funds), Orbitex Group of Funds
Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of a particular Securities System by such PortfolioSystem, as required by Rule 17f-4 under the 1940 Act Act, and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioSystem; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Custodian Agreement (Warburg Pincus Intern Small Co Fd Inc), Custodian Agreement (Cypresstree Senior Rate Fund)
Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 17f‑4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's ’s Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Custodian Agreement (Evergreen Municipal Trust /De/), Custodian Agreement (Evergreen Municipal Trust /De/)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund Trust shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund Trust on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund Trust on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Stein Roe Institutional Trust, Stein Roe Institutional Trust
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party the Fund or the Custodian by an instrument in writing delivered or mailed, postage prepaid to the other partyparties, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Custodian Contract (Munder Funds Trust), Munder Framlington Funds Trust
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however HOWEVER, that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has Directors of the Fund have approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved Directors have reviewed the initial use by the Fund of such Securities System, to the Direct Paper System extent required in each case by such PortfolioRule 17f-4 under the Investment Company Act of 1940, as amended; provided furtherPROVIDED FURTHER, howeverHOWEVER, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further providedFURTHER PROVIDED, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Custodian Contract (Triflex Fund Inc), Custodian Contract (American National Growth Fund Inc)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however however, that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Letter Agreement (Ssga Funds), Letter Agreement (Seven Seas Series Fund)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the [Direct Paper Paper] System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Samples: Merrill Lynch Index Funds Inc, Merrill Lynch Index Trust
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio ; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio Fund act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Corporation has approved the initial use of a particular Securities System by such PortfolioFund, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio Fund act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such PortfolioFund; provided furtherPROVIDED FURTHER, however, that the Fund Corporation shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund Corporation on behalf of one or more of the Portfolios Funds may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund Corporation on behalf of each applicable Portfolio Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Sunamerica Strategic Investment Series Inc)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty ninety (6090) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule Rules 17f-4 and 17f-5 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of the Direct Paper System; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party the Fund or the Custodian by an instrument in writing delivered or mailed, postage prepaid to the other partyparties, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian U.S. Trust shall not with respect to a Portfolio act under Section 2.8 8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities Depository or Book Entry System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved reviewed the initial use by the Fund of such Securities Depository and/or Book Entry System, as required in each case by Rule 17f-4 under the Direct Paper System by such PortfolioInvestment Company Act of 1940, as amended; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian U.S. Trust by giving notice as described above to the CustodianU.S. Trust, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian U.S. Trust by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to the Custodian U.S. Trust such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian U.S. Trust for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Agreement (Nuveen Florida Investment Quality Municipal Fund Inc)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual mutual, written agreement of the parties hereto hereto, and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid prepaid, to the other party, such termination to take effect on the date stated therein, which date shall not be sooner than sixty (60) days after the date of such delivery or mailing; provided, however that (a) the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act Act; and that (b) the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioSystem; and provided further, however, that the Fund Trust shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the FundTrust's Agreement and Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios Trust may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable and related costs, expenses and disbursements.
Appears in 1 contract
Samples: Schwab Capital Trust
Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.9 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided furtherPROVIDED FURTHER, however, that the Fund Trust shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the FundTrust's Declaration of Trust, and further provided, that the Fund Trust on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund Trust on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under Portfolio of the 1940 Act Direct Paper System and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved reviewed the initial use by such Portfolio of the Direct Paper System by such PortfolioSystem; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (American Variable Insurance Series)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by the Fund of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfoliothe Fund of the Direct Paper System; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfoliothe Fund, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfoliothe Fund; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Global Strategic Income Portfolio
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided furtherPROVIDED FURTHER, however, that the Fund Trust shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of TrustTrust Instrument, and further provided, that the Fund Trust on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund Trust on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Form of Custodian Agreement (Mitchell Hutchins Portfolios)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in In full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by the Fund of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfoliothe Fund of the Direct Paper System; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended, and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: JPM Series Trust
Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, execution and shall continue in full force and effect until terminated as hereinafter provided, . The parties may be amended mutually agree to amend this Agreement at any time by mutual agreement of the parties hereto and time. Either party may be terminated by either party terminate this Agreement by an instrument in writing delivered or mailed, postage prepaid to the other party, such the termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however however, that the Custodian First Union shall not with respect to a Portfolio act under Section 2.8 hereof Paragraph 7 in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors or Trustees of the Fund has approved the initial use of a particular Securities Depository or Book-Entry System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Directors or Trustees has approved reviewed the initial Fund's use of the Direct Paper System by such Portfolio; Securities Depository and/or Book-Entry System, as Rule 17f-4 under the 1940 Act requires, provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's Articles of Incorporation or Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors or Trustees (i) substitute another bank or trust company for the Custodian First Union by giving notice as described above to the Custodian, First Union or (ii) immediately terminate this Agreement in the event the Comptroller of the appointment of Currency appoints a conservator or receiver for the Custodian by the Comptroller of the Currency First Union or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such First Union all compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian First Union for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Agreement (Ameritor Investment Fund)
Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian U.S. Trust shall not with respect to a Portfolio act under Section 2.8 8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities Depository or Book Entry System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved reviewed the initial use by the Fund of such Securities Depository and/or Book Entry System, as required in each case by Rule 17f-4 under the Direct Paper System by such PortfolioInvestment Company Act of 1940, as amended; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian U.S. Trust by giving notice as described above to the CustodianU.S. Trust, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian U.S. Trust by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to the Custodian U.S. Trust such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian U.S. Trust for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Exchange Traded Custody Agreement (Nuveen Florida Quality Income Municipal Fund Inc)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto thereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the Investment Company Act of 1940, as amended and the Custodian shall not with respect to a Portfolio act under Section 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, execution and shall continue in full force and effect until terminated as hereinafter for a term of one (1) year, subject to up to two (2) automatic one (1) year renewals (collectively, the "Initial Term"), unless either party gives prior written notice to the other of its intent not to renew; provided, however, that either party may terminate this Agreement without penalty upon sixty (60) days prior written notice for cause. This Agreement may be amended at any time by mutual agreement of the parties hereto and may be after the Initial Term, this Agreement shall continue in full force and effect until terminated by either party by an instrument in writing delivered or mailed, postage prepaid to delivering written notice the other partyparty in accordance with Section 22, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, Articles of Incorporation and By-laws, Partnership or Limited Liability Company Agreement or other governing documents, as applicable, ("Governing Documents") and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements.
Appears in 1 contract
Samples: Master Custodian Agreement (Columbia Funds Trust Xi)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60thirty(30) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of the Direct Paper System; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has Directors of the Fund have approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved Directors have reviewed the initial use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the Direct Paper System by such PortfolioInvestment Company Act of 1940, as amended; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time anytime by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto thereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however HOWEVER, that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has Directors of the Fund have approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved Directors have reviewed the initial use by the Fund of such Securities System, to the Direct Paper System extent required in each case by such PortfolioRule 17f-4 under the Investment Company Act of 1940, as amended; provided furtherPROVIDED FURTHER, howeverHOWEVER, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further providedFURTHER PROVIDED, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costscots, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty ninety (6090) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule Rules 17f-4 and 17f-5 under the 1940 Act Act, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by the Fund of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfoliothe Fund of the Direct Paper System; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further further, provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Prudential Institutional Liquidity Portfolio Inc)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has Directors of the Fund have approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved Directors have reviewed the initial use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the Direct Paper System by such PortfolioInvestment Company Act of 1940, as amended; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios fund may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Lb Series Fund Inc/
Effective Period, Termination and Amendment. This Agreement shall become effective as of its executionexecution and shall be applicable to each Portfolio listed on Appendix A on the date set forth therein, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of Exhibit (g)(1) - Custodian Agreement the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund no party shall not amend or terminate this Agreement in contravention of any applicable federal or state regulationsregulations (except that the Custodian may terminate this Agreement even if a Fund or a Portfolio thereof does not have a successor custodian meeting the requirements of the 1940 Act), or any provision of the Fundsuch party's Declaration of TrustGoverning Documents, and further provided, that the any Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Termination of this Agreement with respect to any one particular Fund or Portfolio shall in no way affect the rights and duties under this Agreement with respect to any other Fund or Portfolio. Upon termination of the Agreement, the applicable Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements.
Appears in 1 contract
Samples: Master Custodian Agreement (IXIS Advisor Cash Management Trust)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, Portfolio as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid pre-paid, to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however however, that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended, and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.. Except as otherwise expressly amended and modified herein, the provisions of the Custodian Contract shall remain in full force and effect. Please acknowledge State Street's agreement to the foregoing by returning to me a copy of this letter executed by the appropriate person in the space provided below. JANUS ASPEN SERIES By: /s/ Kelley Abbott Howes Kellxx Xxxxxx Xxxxx, Xxcretary Acknowledged and agreed to this 19tx xxx xx Xxxxxxxxx, 1996 STATE STREET BANK AND TRUST COMPANY By: /s/ Donald DeMarxx Xxxx: Xxxxxx DeMarco Title: Vice President
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than one hundred twenty (120) days after the date of such delivery or mailing by the Custodian and sixty (60) days after the date of such delivery or mailingmailing by the Fund; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Connecticut Mutual Investment Accounts Inc)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio Fund act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of a particular Securities System by such PortfolioFund, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio Fund act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioFund; provided furtherPROVIDED FURTHER, however, that the Fund Trust shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund Trust on behalf of one or more of the Portfolios Trust's may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Contract Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, Contract the Fund Trust on behalf of each applicable Portfolio Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursements. If the Trust shall terminate the Administration Agreement, State Street Bank and Trust Company shall have the right to terminate this Agreement. Such termination shall become effective concurrently with the effective termination of the Administration Agreement.
Appears in 1 contract
Samples: Custodian Contract (State Street Institutional Investment Trust)
Effective Period, Termination and Amendment. This Agreement contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may not be assigned by the Custodian without consent of the Fund, may be amended at any time as to the Contract or the fee ONLY by mutual written agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; providedPROVIDED, however however, that the Custodian shall not with respect to a Portfolio act under Section 2.8 L of Article II hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board Directors of Trustees has the Fund have approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board Directors have reviewed the use by the Fund of Trustees has approved such Securities System, as required in each case by Rule 17f-4 under the initial use Investment Company Act of the Direct Paper System by such Portfolio1940, as amended; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state laws or regulations, or any provision of the governing documents of the Fund's Declaration of Trust, and further providedFURTHER PROVIDED, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by such Portfolio of the Direct Paper System; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Gabelli Equity Series Funds Inc)
Effective Period, Termination and Amendment. This Agreement The Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; provided, however however, that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved reviewed the initial use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the Direct Paper System by such PortfolioInvestment Company Act of 1940; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by be action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty ninety (6090) days after the date of such delivery or mailing; provided, however however, that the Custodian shall not with respect to a Portfolio act under Section 2.8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary of the Fund that the Board of Trustees has approved the initial use of a particular Securities System by such the Fund on behalf of the Portfolio, as required by Rule 17f-4 under the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioAct; provided further, however, that the Fund shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or any provision of the Fund's ’s Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its actual costs, expenses and disbursementsdisbursements incurred.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved reviewed the initial use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the Direct Paper System by such PortfolioInvestment Company Act, as amended; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, Trust and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however however, that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Ssga Funds)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; providedPROVIDED, however however, that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by the Fund of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such Portfoliothe Fund of the Direct Paper System; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Articles of Incorporation/Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Directors/Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like 1ike event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Prudential Global Limited Maturity Fund Inc)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, provided however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Portfolio; provided further, further however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however however, that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board Trustees of Trustees has the Fund have approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board Trustees have reviewed the use by the Fund of Trustees has approved such Securities System, as required in each case by Rule 17f-4 under the initial use investment Company Act of the Direct Paper System by such Portfolio1940, as amended; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Harbor Fund)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioSystem, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioSystem; provided PROVIDED further, however, that the Fund neither party shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custody Agreement (Spectra Fund Inc)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Hoard of Directors of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors has reviewed the use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of a particular Securities the Direct Paper System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved reviewed the initial use by the Fund of the Direct Paper System by such PortfolioSystem; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Prospect Street High Income Portfolio Inc)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. 15 16 Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements. 15. Successor Custodian If a successor custodian for the Fund, of one or more of the Portfolios shall be appointed by the Board of Directors of the Fund, the Custodian shall, upon termination, deliver to such successor custodian at the office of the Custodian, duly endorsed and in the form for transfer, all securities of each applicable Portfolio then held by it hereunder and shall transfer to an account of the successor custodian all of the securities of each such Portfolio held in a Securities System. If no such successor custodian shall be appointed, the Custodian shall, in like manner, upon receipt of a certified copy of a vote of the Board of Directors of the Fund, deliver at the office of the Custodian and transfer such securities, funds and other properties in accordance with such vote. In the event that no written order designating a successor custodian or certified copy of a vote of the Board of Directors shall have been delivered to the Custodian on or before the date when such termination shall become effective, then the Custodian shall have the right to deliver to a bank or trust company, which is a "bank" as defined in the Investment Company Act of 1940, doing business in Boston, Massachusetts, of its own selection, having an aggregate capital, surplus, and undivided profits, as shown by its last published report, of not less than $25,000,000 all securities, funds and other properties held by the Custodian on behalf of each applicable Portfolio and all instruments held by the Custodian relative thereto and all other property held by it under this Contract on behalf of each applicable Portfolio and to transfer to an account of such successor custodian all of the securities of each such Portfolio held in any Securities System. Thereafter, such bank or trust company shall be the successor of the Custodian under this Contract. In the event that securities, funds and other properties remain in the possession of the Custodian after the date of termination hereof owing to failure of the Fund to procure the certified copy of the vote referred to or of the Board of Directors to appoint a successor custodian, the Custodian shall be entitled to fair compensation for its services during such period as the Custodian retains possession of such securities, funds and other properties and the provisions of this Contract relating to the duties and obligations of the Custodian shall remain in full force and effect. 16.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has of the Fund have approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved have reviewed the initial use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the Direct Paper System by such PortfolioInvestment Company Act of 1940, as amended; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Janus Investment Fund
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule Rules 17f-4 and 17f-5 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement The Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; providedPROVIDED, however however, that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved reviewed the initial use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the Direct Paper System by such Portfolio; provided furtherInvestment Company Act of 1940, PROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by be action of its Board of Trustees Directors (iI) substitute another bank or trust company for the Custodian by giving notice notices as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 .12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by the Fund of such PortfolioSecurities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfoliothe Fund of the Direct Paper System; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party the Fund, the Custodian or the Sub-Custodian by an instrument in writing delivered or mailed, postage prepaid to the other partyparties, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Sub-Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Sub-Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio ; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Sub-Custodian by giving notice as described above to the Sub-Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Sub-Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Sub-Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Sub-Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Sub Custodian Contract (Munder Framlington Funds Trust)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio ; provided further, however, that the Fund neither party shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust Trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Painewebber Managed Assets Trust)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such PortfolioPortfolio of such Securities System, as required in each case by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such PortfolioPortfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Portfolio of the Direct Paper System; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver receive for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Oppenheimer Quest for Value Funds
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty (60) days after the date of such delivery or mailing; providedPROVIDED, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board Trustees of Trustees the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved reviewed the initial use by the Fund of such Securities System, as required in each case by Rule 17f-4 under the Direct Paper System by such PortfolioInvestment Company Act of 1940; provided furtherPROVIDED FURTHER, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursementsdisbursements as contemplated by this Contract.
Appears in 1 contract
Samples: Custodian Agreement (Painewebber Managed Municipal Trust /Ny/)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has of the Trust have approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under and the 1940 Act and that the Custodian shall not with respect to a Portfolio act under Section 2.9 hereof in the absence of receipt of an initial annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved have reviewed the initial use by the Trust of such Securities System, as required in each case by Rule 17f-4 under the Direct Paper System by such PortfolioInvestment Company Act of 1940, as amended; provided further, however, that the Fund Trust shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios Trust may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii11) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio Trust shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Nuveen Flagship Multistate Trust I)
Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty thirty (6030) days after the date of such delivery or mailing; provided, however that the Custodian shall not with respect to a Portfolio act under Section 2.8 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Fund has approved the initial use of a particular Securities System by such Portfolio, as required by Rule 17f-4 under the 1940 Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Portfolio; provided further, however, that the Fund shall not amend or terminate this Agreement Contract in contravention of any applicable federal or state regulations, or any provision of the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract