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 Variable Trust /Oh), Custodian Agreement (Evergreen Equity Trust /De/), Custodian Agreement (Kobrick HFS 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 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 Trust), Custodian Contract (Mitchell Hutchins Lir Money Series), 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 Funds I), Custodian Contract (Landmark Funds Ii), Custodian Contract (International Equity Portfolio/Ny)
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 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 8 contracts
Samples: Master Custodian Agreement (IXIS Advisor Funds Trust III), Master Custodian Agreement (Loomis Sayles Funds I), Master Custodian Agreement (Gateway 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 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 (Masters Select Equity 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 (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 Small Co Value Fund Inc), Custodian Contract (Prudential Mortgage Income Fund Inc), Custodian Contract (Prudential 20/20 Fund)
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 Series Fund Inc), Custodian Contract (Advantus Cornerstone Fund Inc), Custodian Contract (Advantus Index 500 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 Institutional Liquidity Series), Custodian Contract (Neuberger Berman Equity Series)
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: Custody Agreement (Nuveen New York Select Quality Municipal Fund Inc), Custody Agreement (Nuveen New York Performance Plus Municipal Fund Inc), Custody Agreement (Nuveen California 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 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 (Liberty Variable Investment Trust), Custodian Contract (Liberty Funds Trust V), Custodian Contract (Colonial 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; 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 6 contracts
Samples: Custodian Contract (Merrill Lynch Index Funds Inc), Custodian Contract (Invesco Variable Investment Funds Inc), Custodian Contract (Invesco Diversified Funds 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 (Investors Fund Series), 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 (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 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 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 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 (Prudential California Municipal Fund), Custodian Contract (Prudential Utility Fund Inc), Custodian Contract (Prudential Moneymart Assets 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 Common Stock Trust), Custody Agreement (Safeco Money Market Trusts), Custodian Contract (Safeco Tax Exempt Bond 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 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 of the Fund has approved the initial use of a particular Securities System by such PortfolioFund 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 Fund 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 Fund 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 PortfolioFund 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 Fund 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 5 contracts
Samples: Custodian Contract (Non Us Fixed Income Portfolio), Custodian Contract (Tax Exempt Bond Portfolio), Custodian Contract (Tax Exempt Money Market 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 (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 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 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 5 contracts
Samples: Credit Agreement (Nicholas Applegate Fund Inc), Custodian Contract (Prudential High Yield Total Return Fund Inc), Custodian Contract (Prudential Tax Free Money Fund 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: Custody Agreement (Nuveen Premier Insured Municipal Income Fund Inc), Custody Agreement (Nuveen Premium Income Municipal Fund 4 Inc), Custody Agreement (Nuveen Premium Income Municipal Fund 4 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 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 Contract (State Street Research Growth Trust), Custodian Contract (State Street Research Exchange Trust), Custodian Contract (State Street Research Master Investment Trust)
Effective Period, Termination and Amendment. This Agreement shall become effective as on the date of its execution, execution and shall continue remain in full force and effect until terminated as hereinafter providedfor a period of five (5) years from the effective date (the “Initial Term”). After the expiration of the Initial Term, this Agreement may be amended at any time extended for successive two-year terms (each, a “Renewal Term”), subject to review and approval by mutual agreement the Fund’s Board of Trustees or Directors. To terminate the Agreement, a written notice of non-renewal must be delivered by the non-renewing party no later than ninety (90) days prior to the expiration of the parties hereto and may be terminated by either party by an instrument in writing delivered Initial Term or mailed, postage prepaid to the other party, such termination to take effect not sooner than sixty ninety (6090) days after prior to the date of such delivery termination during any Renewal Term, as the case may be. During the Initial Term and thereafter, either a Fund 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 may 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 Agreement: (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 other party’s material breach of a conservator material provision of this Agreement that the other party has either (a) failed to cure or receiver for (b) failed to establish a remedial plan to cure that is reasonably acceptable, within 60 days’ written notice of such breach; (ii) a final, unappealable judicial, regulatory or administrative ruling or order in which the Custodian party to be terminated has been found guilty of criminal or unethical behavior in the conduct of its business; or (iii) financial difficulties on the part of the party to be terminated which are evidenced by the Comptroller authorization or commencement of, or involvement by way of pleading, answer, consent or acquiescence in, a voluntary or involuntary case under Title 11 of the Currency United States Code, as from time to time is in effect, or upon any applicable law, other than said Title 11, of any jurisdiction relating to the happening liquidation or reorganization of a like event at debtors or to the direction modification or alteration of an appropriate regulatory agency or court the rights of competent jurisdictioncreditors. Upon termination of this Agreement pursuant to this paragraph with respect to any Fund or Portfolio, the applicable Fund shall pay Custodian its compensation due and shall reimburse Custodian for its costs, expenses and disbursements. During the Initial Term of the Agreement, in the event of: (i) any Fund’s termination of this Agreement with respect to such Fund or one or more of its Portfolios for any reason other than as set forth in the immediately preceding paragraph or (ii) a transaction not in the ordinary course of business pursuant to which the Custodian is not retained to continue providing services hereunder to the Fund on behalf or Portfolio(s) (or its respective successor), then (a) if such termination occurs during the first three years of each the Initial Term, the applicable Portfolio Fund or Portfolio(s), as the case may be, shall pay to the Custodian such its compensation as may be due as through the end of the date Initial Term (based upon the average monthly compensation previously earned since the beginning of the Initial Term by Custodian with respect to such termination Fund or Portfolio(s), as the case may be, and shall likewise reimburse the Custodian for its costs, expenses and disbursementsdisbursements as provided in the Agreement and (b) if such termination occurs during years four and five of the Initial Term, the terminating Fund or Portfolio, as the case may be, shall pay the Custodian its portion of a flat rate termination fee agreed upon by the parties. The portion of the flat rate termination fee payable by such terminating Fund or Portfolio(s) shall be pro rated based upon such terminating Fund’s or Portfolio’s total net assets. Upon receipt of such payment and reimbursement, the Custodian will deliver such Fund’s or Portfolio’s securities and cash as set forth herein below. For the avoidance of doubt, during the Initial Term, no payment will be required pursuant to this paragraph in the event of any transaction such as a merger of a Fund or one or more of its Portfolio(s) into, or the consolidation of a Fund or one or more of its Portfolio(s) with, another entity, or the sale by a Fund or one or more of its Portfolio(s) of all, or substantially all, of its assets to another entity, in each case where the Custodian is retained to continue providing services to such Fund or Portfolio (or its respective successor) on substantially the same terms as this Agreement, or in the event of a liquidation or dissolution of a Fund or one or more of its Portfolio(s) and distribution of such Fund’s or Portfolio’s assets. Termination of this Agreement with respect to any one particular Fund or Portfolio shall in no way affect any other Fund’s or Portfolio’s rights and duties under this Agreement. The provisions of Sections 4.11, 16 (as to amounts due up until the termination), 17 and 21.12 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 4 contracts
Samples: Master Custodian Agreement (Aberdeen Standard Global Infrastructure Income Fund), Master Custodian Agreement (Aberdeen Income Credit Strategies Fund), Master Custodian Agreement (Aberdeen Greater China Fund, Inc.)
Effective Period, Termination and Amendment. SECTION 16.1 The initial term of this Agreement is for a period of one (1) year from the date hereof. Thereafter, either Fund or Custodian may terminate this Agreement by written notice to the other party that is received not less than 120 days prior to the date upon which such termination will take effect, in the case of termination by the Custodian, and not less than 60 days prior to the date upon which such termination will take effect, in the case of termination by the Fund. 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 mailinghereto; 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 neither party shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or or, in the case of the Fund, any provision of the such 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. .
SECTION 16.2 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.
SECTION 16.3 Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio Custodian shall pay to the Custodian receive such compensation as may be due as of the date of such termination (unless it is subject to reasonable dispute) and shall likewise reimburse the Custodian for its reasonable costs, expenses and disbursementsdisbursements associated with its provision of services hereunder to the Fund or applicable Portfolios.
Appears in 4 contracts
Samples: Master Custodian Agreement (Tiaa Separate Account Va 1), Master Custodian Agreement (Tiaa Cref Institutional Mutual Funds), Master Custodian Agreement (College Retirement Equities 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 2.11 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 Contract (Hartford HLS Series Fund Ii Inc), Custodian Contract (Hartford Advisors HLS Fund Inc), Custodian Contract (Hartford 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 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 Fund's Declaration of Trustsuch party’s Governing 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 4 contracts
Samples: Master Custodian Agreement (Natixis ETF Trust II), Master Custodian Agreement (Natixis ETF Trust), Master Custodian Agreement (Gateway Trust)
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 Assets), Custodian Contract (Neuberger & Berman Equity Funds), 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: Custodian Contract (Kemper Floating Rate Fund), Custodian Contract (Kemper Municipal Income Trust), Custodian Contract (Kemper Municipal Income 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 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 Mutual Fund), Custodian 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 (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 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 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 Act Investment Company 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 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 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 Trust, Incorporation 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 (Central Investment Fund Inc), Custodian Contract (Central Asset Fund Inc), Custodian Contract (Lernoult Investment Fund 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; provided, 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 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 3 contracts
Samples: Custodian Agreement (American Beacon Select Funds), Custodian Agreement (American Aadvantage Mileage Funds), Custodian Agreement (American Select 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; 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; 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 (Emerging Germany Fund Inc), Custodian Contract (Fpa Paramount Fund 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 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 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 Trust have approved the initial use of the Direct Paper System by such Portfoliothis Agreement; provided 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 Fund'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 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 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 reasonable costs, expenses and disbursementsdisbursements incurred in connection with its performance of this Agreement through the date of termination.
Appears in 3 contracts
Samples: Custodian Agreement (Huntington Funds), Custodian Agreement (Huntington Funds), Custodian Agreement (Huntington 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 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 (Munder Funds Inc), Sub Custodian Contract (St Clair Funds Inc), Sub Custodian Contract (St Clair 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; 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 Series Fund Inc), Custodian Contract (Hartford Mutual Funds Inc/Ct), 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. (a) This Agreement shall become effective as of its execution, due execution and delivery by each of the parties. This Agreement 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 . This Agreement may be terminated by the Custodian or the Company pursuant to Section 12(b).
(b) This Agreement shall terminate upon the earliest of (a) the occurrence of the effective date of termination specified in any written notice of termination given by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination not later than 45 days prior to take effect not sooner than sixty (60) days after the effective date of such delivery termination specified therein, provided that all Securities and Proceeds shall have been delivered to the Company or mailing; provided, however that the Custodian shall not with respect as it otherwise instructs (subject 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 regulations12(d) below), or any provision (b) such other date of termination as may be mutually agreed upon by the Fund's Declaration of Trust, and further provided, that the Fund on behalf of one or more of the Portfolios parties in writing.
(c) The Custodian may at any time resign under this Agreement by action giving not less than 45 days advance written notice thereof to the Company.
(d) Prior to the effective date of termination of this Agreement, or the effective date of the resignation (or removal of the Custodian), as the case may be, the Company shall give Proper Instruction to the Custodian to cause the Securities and Proceeds then held by the Custodian hereunder to be delivered to the Company, or its Board designee, or a successor custodian hereunder; and if the Company shall fail or be unable to do so on a timely basis, the Custodian shall be entitled (but not obligated) to petition a court of Trustees competent jurisdiction (at the Company’s expense) for such instruction.
(e) Upon termination of this Agreement or resignation (or removal) of the Custodian,
(i) substitute another bank or trust the 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 prior to the delivery by the Custodian to the Company (or as it may otherwise direct) the Securities and Proceeds held hereunder, such compensation as may be due as of the date of such termination or resignation (or removal) and shall likewise reimburse the Custodian for its costs, expenses and disbursements. All indemnifications in favor of the Custodian under this Agreement shall survive the termination of this Agreement, or any resignation or removal of the Custodian.
(ii) if Securities, Proceeds or any other property remain in the possession of the Custodian, its agents or its sub-custodians after the date of termination hereof or the date of resignation (or removal) of the Custodian, as the case may be, owing to failure of the Company to give Proper Instructions to the Custodian for delivery thereof, as referred to in Section 12(d), 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 property and the provisions of this Agreement relating to the duties and obligations of the Custodian shall remain in full force and effect during such period.
Appears in 2 contracts
Samples: Custodian Agreement (GSC Investment LLC), Custodian Agreement (GSC Investment Corp.)
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 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 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; 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 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 Contract (Aim Advisor Funds Inc), Custodian Contract (Vanguard Horizon 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 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 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: Custodian Contract (Stein Roe Institutional Trust), Custodian Contract (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), 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.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), Custodian Contract (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; 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: Custodian Contract (Merrill Lynch Index Trust), Custodian Contract (Merrill Lynch Index 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 (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 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 (Invesco Global Health Sciences Fund), Custodian Contract (Sei International 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; 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 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 (Scudder Pathway Series /New/), Custodian Contract (Scudder Pathway Series /New/)
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 (Orbitex Group of Fund), Custodian Contract (Seasons Series 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; 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 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 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: Custody Agreement (Nuveen New York Quality Income Municipal Fund Inc), Custody Agreement (Nuveen Premium Income Municipal Fund Inc)
Effective Period, Termination and Amendment. SECTION 14.1 This Agreement shall become effective as of its executionthe date first above written. The initial term of this Agreement is for a period of one (1) year from the date hereof. Thereafter, shall continue either the Insurance Company or Custodian may terminate this Agreement by written notice to the other party that is received not less than one hundred twenty (120) days prior to the date upon which such termination will take effect, in full force the case of termination by the Custodian, and effect until terminated as hereinafter providednot less than sixty (60) days prior to the date upon which such termination will take effect, in the case of termination by the Insurance Company. 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 mailinghereto; 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 neither party shall not amend or terminate this Agreement in contravention of any applicable federal or state regulations, or or, in the case of the Insurance Company, any provision of the Fund's Declaration Insurance Company’s Articles of TrustIncorporation, By-Laws and other governing documents of the Insurance Company or the Account (such organizational and governing documents, generally, “Governing Documents”); and further provided, that the Fund Insurance Company on behalf of one or more of the Portfolios Account 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. .
SECTION 14.2 Upon termination of the Agreement, the Fund on behalf of each applicable Portfolio Custodian shall pay to the Custodian receive such compensation as may be due as of the date of such termination (unless it is subject to reasonable dispute) and shall likewise reimburse the Custodian be reimbursed for its reasonable costs, expenses and disbursementsdisbursements associated with its provision of services hereunder to the Insurance Company and the Account.
SECTION 14.3 To the extent required by the Superintendent, the Custodian shall provide written notification to the Superintendent if this Agreement is terminated or if one hundred per cent (100%) of the assets have been withdrawn from the Account. Such notification, if required, shall be provided to the Superintendent within three (3) business days of the aforementioned events.
Appears in 2 contracts
Samples: Custodian Agreement (Tiaa Real Estate Account), Custodian Agreement (Tiaa Real Estate Account)
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 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 (Sei Institutional Investments Trust), Mutual Fund Custody Agreement (Advisors Inner Circle Fund 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; 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: Custodian Contract (Ssga Funds), Custodian Contract (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 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 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 (JPM Pierpont Funds), Custodian Contract (JPM Institutional 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 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 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), Custodian Contract (Orbitex Group of 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 2.10 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. (a) This Agreement shall become effective as of its execution, due execution and delivery by each of the parties. This Agreement 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 . This Agreement may be terminated by the Custodian or the Company pursuant to Section 13(b).
(b) This Agreement shall terminate upon the earliest of (a) occurrence of the effective date of termination specified in any written notice of termination given by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination not later than 45 days prior to take effect not sooner than sixty (60) days after the effective date of termination specified therein, provided that all Securities and Proceeds shall have been delivered to the Company or as it otherwise instructs (subject to Subsection 13(e) below), (b) such delivery or mailing; provided, however that other date of termination as may be mutually agreed upon by the parties in writing.
(c) 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 resign under this Agreement by action giving not less than 45 days advance written notice thereof to the Company.
(d) Prior to the effective date of termination of this Agreement, or the effective date of the resignation (or removal of the Custodian), as the case may be, the Company shall give Proper Instruction to the Custodian to cause the Securities and Proceeds then held by the Custodian hereunder to be delivered to the Company, or its Board designee, or a successor custodian hereunder; and if the Company shall fail or be unable to do so on a timely basis, the Custodian shall be entitled (but not obligated) to petition a court of Trustees competent jurisdiction (at the Company’s expense) for such instruction.
(e) Upon termination of this Agreement or resignation (or removal) of the Custodian,
(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 Company shall pay to the Custodian prior to the delivery by the Custodian to the Company (or as it may otherwise direct) the Securities and Proceeds held hereunder, such compensation as may be due as of the date of such termination or resignation (or removal) and shall likewise reimburse the Custodian for its costs, expenses and disbursements. All indemnifications in favor of the Custodian under this Agreement shall survive the termination of this Agreement, or any resignation or removal of the Custodian.
(ii) if Securities, Proceeds or any other property remain in the possession of the Custodian, its agents or its sub-custodians after the date of termination hereof or the date of resignation (or removal) of the Custodian, as the case may be, owing to failure of the Company to give Proper Instructions to the Custodian for delivery thereof, as referred to in Section 13(d), 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 property and the provisions of this Agreement relating to the duties and obligations of the Custodian shall remain in full force and effect during such period.
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 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
Samples: Custody Agreement (Northstar Advantage Strategic Income Fund)
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 l7f-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 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 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: Custody Agreement (Jundt 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 (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 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 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. 23 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 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; 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 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 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 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 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. 32 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. (a) This Agreement shall become effective as of its execution, due execution and delivery by each of the parties. This Agreement 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 . This Agreement may be terminated by the Custodian or the Company pursuant to Section 13(b).
(b) This Agreement shall terminate upon the earliest of (a) occurrence of the effective date of termination specified in any written notice of termination given by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination not later than 45 days prior to take effect not sooner than sixty (60) days after the effective date of termination specified therein, provided that all Securities and Proceeds shall have been delivered to the Company or as it otherwise instructs (subject to Section 13.4 below), (b) such delivery or mailing; provided, however that other date of termination as may be mutually agreed upon by the parties in writing.
(c) 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 resign under this Agreement by action giving not less than 45 days advance written notice thereof to the Company.
(d) Prior to the effective date of termination of this Agreement, or the effective date of the resignation (or removal of the Custodian), as the case may be, the Company shall give Proper Instruction to the Custodian to cause the Securities and Proceeds then held by the Custodian hereunder to be delivered to the Company, or its Board designee, or a successor custodian hereunder; and if the Company shall fail or be unable to do so on a timely basis, the Custodian shall be entitled (but not obligated) to petition a court of Trustees competent jurisdiction (at the Company's expense) for such instruction.
(e) Upon termination of this Agreement or resignation (or removal) of the Custodian,
(i) substitute another bank or trust the 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 prior to the delivery by the Custodian to the Company (or as it may otherwise direct) the Securities and Proceeds held hereunder, such compensation as may be due as of the date of such termination or resignation (or removal) and shall likewise reimburse the Custodian for its costs, expenses and disbursements. All indemnifications in favor of the Custodian under this Agreement shall survive the termination of this Agreement, or any resignation or removal of the Custodian.
(ii) if Securities, Proceeds or any other property remain in the possession of the Custodian, its agents or its sub-custodians after the date of termination hereof or the date of resignation (or removal) of the Custodian, as the case may be, owing to failure of the Company to give Proper Instructions to the Custodian for delivery thereof, as referred to in Section 13.4, 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 property and the provisions of this Agreement relating to the duties and obligations of the Custodian shall remain in full force and effect during such period.
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 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 that that:
(a) 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 Act;
(b) 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 ;
(c) 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 ; and
(d) the Fund on behalf of one or more of the Portfolios may at any time by action of its Board of Trustees Board:
(i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or or
(ii) immediately immediately, upon receipt of written notice by the Custodian, terminate this Agreement (A) 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, or (B), without cost or penalty to either party, in the event of the Custodian's failure to achieve "Year 2000 Readiness". For the purposes of this section, the term "Year 2000 Readiness" means the capability to perform all date dependent and date related functions, and to record, store process and present date information and date dependent information for calendar dates on or after January 1, 2000. 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 out-of-pocket costs, expenses and disbursementsdisbursements in connection with the transfer of the Fund's assets to a successor to the Custodian hereunder and any services provided pursuant hereto during the period between notice of termination and such transfer. Notwithstanding anything to the contrary in this Section 15, the Fund shall not reimburse the Custodian for the out-of-pocket costs, expenses and disbursements in connection with transfer if termination is due to the Custodian's failure to have achieved Year 2000 Readiness.
Appears in 1 contract
Samples: Custodian Agreement (First 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 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 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; 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 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 2.11 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 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 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 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 (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 Clerk or an Assistant Secretary Clerk of the Fund 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 of 1940, 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 Clerk or an Assistant Secretary Clerk of the Fund 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 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 24 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 disbursementstermination.
Appears in 1 contract
Samples: Custodian Agreement (Baupost 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 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 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; 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 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 (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; providedPROVIDED, 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 that the Board of Trustees has Directors of the Company have approved the initial use of a particular Securities System by such Portfolio, as required by in 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 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 Portfolio1940, as amended; provided furtherPROVIDED FURTHER, however, that the Fund Company 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 Company 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 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 Company 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.. Any notice or other communication authorized or required by this Agreement to be given to the parties shall be sufficiently given if addressed to such party and mailed postage prepaid or delivered to it at its office at the address set forth below: In the case of the Company: Fortis Worldwide Portfolios, Inc. Mailing address: X.X. Xxx 00000 Xx. Xxxx, MN 55164 Street address: 000 Xxxxxxxxxx Xxxxx Woodbury, MN 55125 In the case of the Custodian: First Bank National Association c/o First Trust Center 000 Xxxx Xxxxx Xxxxxx, 0xx Xxxxx Xx. Xxxx, MN 55101 Attention: Global Custody Division
Appears in 1 contract
Samples: Custody Agreement (Fortis Worldwide Portfolios 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 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 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 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.lOA 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
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; 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; 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 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 (Alliance Variable Products 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 any party 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 Custodian Subcustodian shall not with respect to a Portfolio act for any Fund under Section 2.8 2.7 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary of such Fund that the Board of Trustees Directors of such 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 and that the Custodian shall not with respect to a Portfolio act under Section 2.9 2.13 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary of such Fund that the its Board of Trustees Directors has approved the initial use of the Direct Paper System by such PortfolioSystem; provided furtherPROVIDED FURTHER, however, that the Fund a Funds 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 its Articles of TrustIncorporation, and further provided, that the Fund on behalf of one or more of the Portfolios Funds may at any time by action of its Board their respective Boards of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or (ii) Directors immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian Subcustodian 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. This Contract may be terminated as to one or more Funds (but less than all Funds) by delivery of an amended Schedule A pursuant to this Article 9. The execution and delivery of an amended Schedule A which deleted one or more Funds shall constitute a termination of this Contract only with respect to such deleted Fund(s) but shall not affect this Contract with respect to any other Fund. In addition, this Contract shall terminate with respect to a Fund upon the effective date of the termination of such Fund's agreement with its Custodian by which such Custodian ceases to serve as the Custodian for the securities, cash and other assets of the Fund. Schedule A listing the Funds which are parties hereto may be amended from time to time to add or delete one or more Funds, by the Fund's delivery of an amended Schedule A to the Custodian and the Subcustodian. Upon termination of the Agreementthis Contract, the Fund on behalf of each applicable Portfolio Funds shall pay to the Custodian Subcustodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian Subcustodian 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 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 2.12A 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 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
Samples: Custodian Contract (Legg Mason Tax Exempt Trust 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; 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 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 of the Trust have 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 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, (a) 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, (b) 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
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 Bank shall not with respect to a Portfolio act under Section 2.8 2.1 2 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 (i) substitute another bank or trust company for the Custodian Bank by giving notice as described above to the CustodianBank, or (ii) immediately terminate this Agreement Contract in the event of the appointment of a conservator or receiver for the Custodian 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 AgreementContract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian Bank such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian Bank for its costs, expenses and disbursements.
Appears in 1 contract
Samples: Custodian Contract (Advantus International Balanced 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 2.10 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 and the of receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use 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 2.11 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 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. (a) This Agreement shall become effective as of its execution, due execution and delivery by each of the parties. This Agreement 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 . This Agreement may be terminated by the Custodian or the Company pursuant to Section 13(b).
(b) This Agreement shall terminate upon the earliest of (a) occurrence of the effective date of termination specified in any written notice of termination given by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination not later than 60 days prior to take effect not sooner than sixty (60) days after the effective date of termination specified therein, provided that all Securities and Proceeds shall have been delivered to the Company or as it otherwise instructs (subject to Subsection 13(e) below), (b) such delivery or mailing; provided, however that other date of termination as may be mutually agreed upon by the parties in writing.
(c) 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 resign under this Agreement by action giving not less than 60 days advance written notice thereof to the Company.
(d) Prior to the effective date of termination of this Agreement, or the effective date of the resignation (or removal of the Custodian), as the case may be, the Company shall give Proper Instruction to the Custodian to cause the Securities and Proceeds then held by the Custodian hereunder to be delivered to the Company, or its Board designee, or a successor custodian hereunder; and if the Company shall fail or be unable to do so on a timely basis, the Custodian shall be entitled (but not obligated) to petition a court of Trustees competent jurisdiction (at the Company’s expense) for such instruction.
(e) Upon termination of this Agreement or resignation (or removal) of the Custodian,
(i) substitute another bank or trust the 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 prior to the delivery by the Custodian to the Company (or as it may otherwise direct) the Securities and Proceeds held hereunder, such compensation as may be due as of the date of such termination or resignation (or removal) and shall likewise reimburse the Custodian for its costs, expenses and disbursements. All indemnifications in favor of the Custodian under this Agreement shall survive the termination of this Agreement, or any resignation or removal of the Custodian.
(ii) if Securities, Proceeds or any other property remain in the possession of the Custodian, its agents or its sub-custodians after the date of termination hereof or the date of resignation (or removal) of the Custodian, as the case may be, owing to failure of the Company to give Proper Instructions to the Custodian for delivery thereof, as referred to in Section 13(d), 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 property and the provisions of this Agreement relating to the duties and obligations of the Custodian shall remain in full force and effect during such period.
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 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, 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 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 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 ’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 AgreementAgreement with respect to any Fund or Portfolio, 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. Termination of this Agreement with respect to any one particular Fund or Portfolio shall in no way affect the lights 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 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 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 of the Trust has approved the initial use of a particular Securities System by such PortfolioFund 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 Fund 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 Fund 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 PortfolioFund 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 Fund of the Direct Paper System; provided further, however, that the Fund Trust shall ---------------- not amend or terminate this Agreement Contract in contravention of any applicable federal or state estate regulations, or any provision of the FundTrust's Declaration of TrustTrust or By-laws, and further provided, that the Fund Trust on behalf of one or more of the Portfolios Funds 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 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
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.
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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.
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Effective Period, Termination and Amendment. This Agreement Contract shall become effective as of its it s 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.
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