Common use of Employment of Custodian and Property to be Held by It Clause in Contracts

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fund, including securities which the Fund, on behalf of the applicable Portfolios desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the provisions of the Articles of Incorporation. The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock of the Fund representing interests in the Portfolios, ("Shares") as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio held or received by the Portfolio and not delivered to the Custodian. Upon receipt of "Proper Instructions" (within the meaning of Article 6), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, located in the United States but only in accordance with an applicable vote by the Board of Directors of the Fund on behalf of the applicable Portfolio(s), and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fundits assets, including securities which the Fund, on behalf of the applicable Portfolios Fund desires to be held in places within the United States ("“domestic securities"”) and securities it desires to be held outside the United States ("“foreign securities") pursuant to the provisions of the Articles of Incorporation”). The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfoliosowned by it, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) it from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of the Fund representing interests in the Portfolios, ("“Shares"”) as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio the Fund held or received by the Portfolio Fund and not delivered to the Custodian. Custodian Upon receipt of "“Proper Instructions" ” (within the meaning of Article 6as such term is defined in Section 6 hereof), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, custodians located in the United States States, but only in accordance with an applicable vote by the Board of Directors Trustees of the Fund on behalf of (the “Board”). The Custodian may employ as sub-custodian for the Fund’s foreign securities the foreign banking institutions and foreign securities depositories designated in Schedules A and B hereto, but only in accordance with the applicable Portfolio(s), provisions of Sections 3 and provided that the 4. The Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the FundPortfolio(s), including securities which the Fund, on behalf of the applicable Portfolios Portfolio, desires to be held in places within the United States of America ("domestic securities") and securities it desires to be held outside the United States of America ("foreign securities") pursuant to the provisions of the Articles Fund's *[declaration of trust on file with the Secretary of The Commonwealth of Massachusetts /Articles of Incorporation], as amended from time to time (the "Charter"). The Fund Fund, on behalf of the Portfolio(s) ), agrees to deliver to the Custodian all securities and cash of the Portfoliossuch Portfolios generally described in Schedule F, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of *[capital stock stock/beneficial interest] ("Shares") of the Fund representing interests in the Portfolios, ("Shares") Portfolios as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio held or received by the Fund on behalf of a Portfolio and not delivered to the Custodian. Upon receipt of "Proper Instructions" (within the meaning of Article 6), i) the Custodian shall on behalf of the applicable Portfolio(sto be held by it, (ii) from time to time employ one or more a sub-custodians, custodian located in the United States but only in accordance with an applicable vote by the Board of Directors of the Fund on behalf of the applicable Portfolio(s), and provided that the Custodian shall have no more employed pursuant to this Article 1 or less responsibility or liability to the Fund on account of any actions or omissions of any (iii) a foreign sub-custodian so or a foreign securities system employed than any such sub-custodian has pursuant to the CustodianArticle 3.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fund, including securities which the Fund, on behalf of the applicable Portfolios Portfolio desires to be held in places within the United States ("“domestic securities"”) and securities it desires to be held outside the United States ("“foreign securities"”) pursuant to the provisions of the Articles Declaration of IncorporationTrust. The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of the Fund representing interests in the Portfolios, ("“Shares"”) as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio held or received by the Portfolio and not delivered to the Custodian. Upon receipt of "“Proper Instructions" ” (within the meaning of Article 65), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, located in the United States but only in accordance with an applicable vote by the Board of Directors Trustees of the Fund on behalf of the applicable Portfolio(s), and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian. The Custodian may employ as sub-custodian for the Fund’s foreign securities on behalf of the applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedule A hereto but only in accordance with the provisions of Article 3.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fund, including securities which the Fund, on behalf of the applicable Portfolios Portfolio desires to be held in places within the United States ("“domestic securities"”) and securities it desires to be held outside the United States ("“foreign securities"”) pursuant to the provisions of the Articles Fund’s Declaration of IncorporationTrust. The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of the Fund representing interests in the Portfolios, Portfolios ("“Shares"”) as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio held or received by the Portfolio and not delivered to the Custodian. Upon receipt of "“Proper Instructions" ” (within the meaning of Article 6as such term is defined in Section 6 hereof), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, sub‑custodians located in the United States States, but only in accordance with an applicable vote by the Board of Directors Trustees of the Fund (the “Board of Trustees”) on behalf of the applicable Portfolio(s), and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian sub‑custodian so employed than any such sub-custodian sub‑custodian has to the Custodian. The Custodian may employ as sub‑custodian for the Fund’s foreign securities on behalf of the applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedules A and B hereto but only in accordance with the applicable provisions of Sections 3 and 4.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fund, including securities which the Fund, on behalf of the applicable Portfolios Portfolio desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the provisions of the Articles Declaration of IncorporationTrust. The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of the Fund representing interests in the Portfolios, ("Shares") as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio held or received by the Portfolio and not delivered to the Custodian. Upon receipt of "Proper Instructions" (within the meaning of Article 65), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, located in the United States but only in accordance with an applicable vote by the Board of Directors Trustees of the Fund on behalf of the applicable Portfolio(s), and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian. The Custodian may employ as sub-custodian for the Fund's foreign securities on behalf of the applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedule A hereto but only in accordance with the provisions of Article 3.

Employment of Custodian and Property to be Held by It. The Each Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the such Fund, including securities which the Fund, on behalf of the applicable Portfolios such Fund desires to be held in places within the United States ("“domestic securities"”) and securities it desires to be held outside the United States ("“foreign securities"”) pursuant to the provisions of the Articles of Incorporationsuch Fund’s governing documents (domestic securities and foreign securities are sometimes collectively referred to herein as “Securities”). The Each Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfoliossuch Fund, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) such Fund from time to time, and the cash consideration received by it for such new or treasury shares each class of capital stock or beneficial interest, as applicable, of the Fund representing interests in the Portfoliossuch Fund, ("“Shares"”) as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio Fund held or received by the Portfolio such Fund and not delivered to the Custodian. Upon receipt of "“Proper Instructions" ” (within the meaning of Article 65), the Custodian shall on behalf of the applicable Portfolio(s) Fund from time to time employ one or more sub-custodians, located in the United States but only in accordance with an applicable vote by the Board of Directors of the Fund on behalf of the applicable Portfolio(s)Fund, and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian. The Fund shall approve in writing the terms of any subcustodian agreement with a United States subcustodian. The Custodian may employ as sub-custodian for each Fund’s foreign securities the foreign banking institutions and foreign securities depositories designated in Schedule A hereto but only in accordance with the provisions of Article 3.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the a custodian of the assets of the Portfolios of the FundPortfolios, including securities which the Fund, on behalf of the applicable Portfolios Portfolio, desires to be held in places within the United States of America ("“domestic securities"”) and all securities it desires to be held outside the United States of America ("“foreign securities") pursuant ”). With respect to the provisions assets of the Articles of Incorporation. The Fund or Portfolio for which the Custodian is appointed as custodian, the Fund, on behalf of the its Portfolio(s) ), agrees to deliver to the Custodian all securities and cash of the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock of the Fund representing interests in the Portfolios, ("Shares") Shares as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio held or which is not received by it or which is delivered out in accordance with Proper Instructions (as such term is defined in Section 7.1 hereof), so long as the Portfolio and not delivered Custodian has met its standard of care as specified in Section 14.1 of this Agreement. With respect to uncertificated shares (the “Underlying Shares”) of registered “investment companies” (as defined in Section 3(a)(1) of the Investment Company Act of 1940, as amended from time to time (the “1940 Act”)), whether in the same “group of investment companies” (as defined in Section 12(d)(1)(G)(ii) of the 0000 Xxx) or otherwise, including pursuant to Section 12(d)(1)(F) of the 1940 Act (hereinafter sometimes referred to as the “Underlying Portfolios”) the holding of confirmation statements that identify the shares as being recorded in the Custodian’s name on behalf of the Portfolios will be deemed custody for purposes hereof. Upon receipt of "Proper Instructions" (within the meaning of Article 6), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, custodians located in the United States of America, but only in accordance with an applicable vote by the Board of Directors of the Fund (the “Board”) on behalf of the applicable Portfolio(s), . The Custodian may place and provided that maintain the Fund’s foreign securities with foreign banking institution sub-custodians employed by the Custodian shall have no more or less responsibility or liability to and/or foreign securities depositories, all as designated in Schedules A and B hereto, but only in accordance with the Fund on account applicable provisions of any actions or omissions Sections 2, 3 and 4 of any sub-custodian so employed than any such sub-custodian has to the Custodianthis Agreement.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of its assets, subject to the assets of the Portfolios of the Fundprovisions hereof, including securities which the Fund, on behalf of the applicable Portfolios desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the provisions of the Articles of IncorporationFund's By-Laws. The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfoliosowned by it, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) Fund from time to time, and the cash consideration received by it for such new or treasury shares of capital stock of the Fund representing interests in the Portfoliosbeneficial interest, $.01 par value, ("Shares") of all series of the Fund as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio the Fund held or received by the Portfolio Fund and not delivered to the Custodian. Upon receipt of "Proper Instructions" (within the meaning of Article 6), the The Custodian shall on behalf of the applicable Portfolio(s) may from time to time employ one or more sub-custodians, located in the United States but only in accordance with an applicable applicab1e vote by the Board of Directors Trustees of the Fund on behalf of the applicable Portfolio(s)Fund, and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian, provided that the Custodian's agreement with any such sub-custodian imposes on such sub-custodian responsibilities and liabilities similar in nature and scope to those imposed by this Contract with respect to the functions to be performed by such sub-custodian.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fund, including securities which the Fund, on behalf of the applicable Portfolios Portfolio, desires to be held in places within the United States ("domestic securitiesDOMESTIC SECURITIES") and securities it desires to be held outside the United States ("foreign securitiesFOREIGN SECURITIES") pursuant to the provisions of the Articles of Incorporation). The Fund Fund, on behalf of the Portfolio(s) ), agrees to deliver to the Custodian all securities and cash of the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of the Fund representing interests in the Portfolios, Portfolios ("SharesSHARES") as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio held or received by the Portfolio and not delivered to the Custodian. Upon receipt of "Proper InstructionsPROPER INSTRUCTIONS" (within the meaning of Article 6as such term is defined in Section 6 hereof), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, custodians located in the United States States, but only in accordance with an applicable vote by the Board of Directors Trustees of the Fund (the "BOARD") on behalf of the applicable Portfolio(s). The Custodian may employ as sub-custodian for the Fund's foreign securities on behalf of the applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedules A and B hereto, but only in accordance with the applicable provisions of Sections 3 and provided that the 4. The Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fund, including securities which the Fund, on behalf of the applicable Portfolios Portfolio desires to be held in places within the United States ("domestic securitiesDOMESTIC SECURITIES") and securities it desires to be held outside the United States ("foreign securitiesFOREIGN SECURITIES") pursuant to the provisions of the Articles of Incorporation). The Fund on behalf of the Portfolio(s) agrees to shall deliver to the Custodian all securities and cash of the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of the Fund representing interests in the Portfolios, Portfolios ("SharesSHARES") as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio held or received by the Portfolio and not delivered to the CustodianCustodian or which is delivered out in accordance with Proper Instructions (as such term is defined in Section 6 hereof). Upon receipt of "Proper Instructions" (within the meaning of Article 6)Instructions , the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, custodians located in the United States country-regionplaceUnited States, but only in accordance with an applicable vote by the Board of Directors Trustees of the Fund (the "BOARD") on behalf of the applicable Portfolio(s), . The Custodian may employ as sub-custodian for the Fund's foreign securities on behalf of the applicable Portfolio(s) the foreign banking institutions and provided that foreign securities depositories designated in Schedules A and B hereto but only in accordance with the applicable provisions of Sections 3 and 4. The Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fund, including securities which the Fund, on behalf of the applicable Portfolios Portfolio desires to be held in places within the United States ("“domestic securities"”) and securities it desires to be held outside the United States ("“foreign securities"”) pursuant to the provisions of the Articles Declaration of IncorporationTrust. The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of the Fund representing interests in the Portfolios, ("‘‘Shares"”) as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio held or received by the Portfolio and not delivered to the Custodian. Upon receipt of "“Proper Instructions" ” (within the meaning of Article 65), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, located in the United States but only in accordance with an applicable vote by the Board of Directors Trustees of the Fund on behalf of the applicable Portfolio(s), and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian. The Custodian may employ as sub-custodian for the Fund’s foreign securities on behalf of the applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedule A hereto but only in accordance with the provisions of Article 3.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the a custodian of the assets of the Portfolios of the FundPortfolios, including securities which the Fund, on behalf of the applicable Portfolios Portfolio, desires to be held in places within the United States of America ("“domestic securities"”) and all securities it desires to be held outside the United States of America ("“foreign securities") pursuant ”). With respect to the provisions assets of the Articles of Incorporation. The Fund or Portfolio for which the Custodian is appointed as custodian, the Fund, on behalf of the its Portfolio(s) ), agrees to deliver to the Custodian all securities and cash of the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock of the Fund representing interests in the Portfolios, ("Shares") Shares as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio held or which is not received by it or which is delivered out in accordance with Proper Instructions (as such term is defined in Section 7.1 hereof), so long as the Portfolio and not delivered Custodian has met its standard of care as specified in Section 14.1 of this Agreement. With respect to uncertificated shares (the “Underlying Shares”) of registered “investment companies” (as defined in Section 3(a)(1) of the Investment Company Act of 1940, as amended from time to time (the “1940 Act”)), whether in the same “group of investment companies” (as defined in Section 12(d)(1)(G)(ii) of the 0000 Xxx) or otherwise, including pursuant to Section 12(d)(1)(F) of the 1940 Act (hereinafter sometimes referred to as the “Underlying Portfolios”) the holding of confirmation statements that identify the shares as being recorded in the Custodian’s name on behalf of the Portfolios will be deemed custody for purposes hereof. Upon receipt of "Proper Instructions" (within the meaning of Article 6), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, custodians located in the United States of America, but only in accordance with an applicable vote by the Board of Directors Trustees of the Fund (the “Board”) on behalf of the applicable Portfolio(s), . The Custodian may place and provided that maintain the Fund’s foreign securities with foreign banking institution sub-custodians employed by the Custodian shall have no more or less responsibility or liability to and/or foreign securities depositories, all as designated in Schedules A and B hereto, but only in accordance with the Fund on account applicable provisions of any actions or omissions Sections 2, 3 and 4 of any sub-custodian so employed than any such sub-custodian has to the Custodianthis Agreement.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fund, including securities which the Fund, on behalf of the applicable Portfolios Portfolio desires to be held in places within the United States ("“domestic securities"”) and securities it desires to be held outside the United States ("“foreign securities"”) pursuant to the provisions of the Articles of Incorporation. The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital common stock of the Fund representing interests in the Portfolios, ("“Shares"”) as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio held or received by the Portfolio and not delivered to the Custodian. Upon receipt of "“Proper Instructions" ” (within the meaning of Article 65), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, located in the United States but only in accordance with an applicable vote by the Board of Directors of the Fund on behalf of the applicable Portfolio(s), and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian. The Custodian may employ as sub-custodian for the Fund’s foreign securities on behalf of the applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedule A hereto but only in accordance with the provisions of Article 3.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fund, including securities which that the Fund, on behalf of the applicable Portfolios Portfolio, desires to be held in places within the United States ("“domestic securities"”) and securities it desires to be held outside the United States ("“foreign securities") pursuant to the provisions of the Articles of Incorporation”). The Fund Fund, on behalf of the Portfolio(s) ), agrees to deliver to the Custodian all securities and cash of the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of the Fund representing interests in the Portfolios, Portfolios ("“Shares"”) as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio held or received by the Portfolio and not delivered to the Custodian. Upon receipt With respect to uncertificated shares (the “Underlying Shares”) of "Proper Instructions" registered “investment companies” (within as defined in Section 3(a)(1) of the meaning Investment Company Act of Article 61940, as amended from time to time (the “1940 Act”)), whether in the Custodian shall same “group of investment companies” (as defined in Section 12(d)(1)(G)(ii) of the 0000 Xxx) or otherwise, including pursuant to Section 12(d)(1)(F) of the 1940 Act (hereinafter sometimes referred to as the “Underlying Portfolios”) the holding of confirmation statements that identify the shares as being recorded in the Custodian’s name on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, located in the United States but only in accordance with an applicable vote by the Board of Directors of the Fund on behalf of the applicable Portfolio(s), and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the CustodianPortfolios will be deemed custody for purposes hereof.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fund, including securities which the Fund, on behalf of the applicable Portfolios Portfolio desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the provisions of the Articles of Incorporation. The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock of the Fund representing interests in the Portfolios, ("Shares") as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio held or received by the Portfolio and not delivered to the Custodian. Upon receipt of "Proper Instructions" (within the meaning of Article 65), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, located in the United States but only in accordance with an applicable vote by the Board of Directors of the Fund on behalf of the applicable Portfolio(s), and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-sub- custodian has to the Custodian. The Custodian may employ as sub-custodian for the Fund's foreign securities on behalf of the applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedule A hereto but only in accordance with the provisions of Articles 3.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fundits assets, including securities which the Fund, on behalf of the applicable Portfolios it desires to be held in places within the United States ("“domestic securities"”) and securities it desires to be held outside the United States ("“foreign securities"”) pursuant to the provisions of the Articles of Incorporation. The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfoliosowned by it, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) Fund from time to time, and the cash consideration received by it for such new or treasury shares of capital stock common stock, (“Shares”) of the Fund representing interests in the Portfolios, ("Shares") as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio the Fund held or received by the Portfolio Fund and not delivered to the Custodian. Upon receipt of "“Proper Instructions" ” (within the meaning of Article 65), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, custodians located in the United States States, but only in accordance with an applicable vote by the Board of Directors of the Fund on behalf of the applicable Portfolio(s)Fund, and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian. The Custodian may employ as sub-custodians for the Fund’s securities and other assets the foreign banking institutions and foreign securities depositories designated in Schedule “A” hereto but only in accordance with the provisions of Article 3.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the its assets of the Portfolios of the Fund, including securities which the Fund, on behalf of the applicable Portfolios desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the provisions of the Articles of IncorporationFund's By-Laws. The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and C-77 cash of the Portfoliosowned by it, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) Fund from time to time, and the cash consideration received by it for such new or treasury shares of capital stock of the Fund representing interests in the Portfoliosstock, $0.01 par value, ("Shares") of the Fund as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio the Fund held or received by the Portfolio Fund and not delivered to the Custodian. Upon receipt of "Proper Instructions" (within the meaning of Article 6Section 2.14), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, located in the United States but only in accordance with an applicable vote by the Board of Directors of the Fund on behalf of the applicable Portfolio(s)Fund, and provided that the Custodian shall have no more or less responsibility or liability to the Fund fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the CustodianCustodian to the extent that such sub-custodian's responsibilities and liabilities are similar in nature and scope to those imposed by this Contract with respect to the functions to be performed by such sub-custodian.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fund, including securities which the Fund, on behalf of the applicable Portfolios Portfolio desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the provisions of the Articles Declaration of IncorporationTrust. The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of the Fund representing interests in the Portfolios, ("Shares") as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio held or received by the Portfolio and not delivered to the Custodian. Upon receipt of "Proper Instructions" (within the meaning of Article 65), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, located in the United States but only in accordance with an applicable vote by the Board of Directors Trustees of the Fund on behalf of the applicable Portfolio(s), and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian. The Custodian may employ as sub-custodian for the Fund's foreign securities on behalf of the applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedule A hereto but only in accordance with the provisions of Article 3. For purposes of this Contract, "delivery" of domestic securities or foreign securities shall include the acquisition of a security entitlement (as that term is defined in the Massachusetts Uniform Commercial Code ("MA UCC").

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the FundFund including securities, including securities which the Fundprecious metals, on behalf of the applicable Portfolios other investments and cash it desires to be held in places within the United States ("“domestic securities"”) and securities securities, precious metals, other investments and cash it desires to be held outside the United States ("“foreign securities"”) pursuant to Article 3 hereof pursuant to the provisions of the Articles of Incorporation. , as amended, of the Fund, The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities securities, precious metals, other investments and cash of the PortfoliosPortfolios (hereinafter referred to collectively as the “Property”), and all payments of incomeIncome, payments of principal or capital distributions received by it with respect to all securities Property owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock stock, $.001 par value per share of the Fund representing interests in the Portfolios, ("“Shares"”) as may be issued or sold from time to time. The Custodian shall not be responsible for any property Property of a Portfolio held or received by the Portfolio and not delivered to the Custodian. Upon receipt of "“Proper Instructions" ” (within the meaning of Article 6Section 5), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodianscustodians authorized to act as such under the terms of the Investment Company Act of 1940, located in the United States but only in accordance with an applicable vote by the Board of Directors of the Fund on behalf of the applicable Portfolio(s), and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fundits assets, including securities which the Fund, on behalf of the applicable Portfolios it desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the provisions of the Articles of Incorporation. The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfoliosowned by it, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) Fund from time to time, and the cash consideration received by it for such new or treasury shares of capital stock of the Fund representing interests in the Portfoliosstock, $___ par value ("Shares") ), of the Fund as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio the Fund held or received by the Portfolio Fund and not delivered to the Custodian. Upon receipt of "Proper Instructions" (within the meaning of Article 64), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, custodians located in the United States States, but only in accordance with an applicable vote by the Board of Directors of the Fund on behalf of the applicable Portfolio(s)Fund, and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian. The Custodian may employ as sub-custodians for the Fund's securities and other assets the foreign banking institutions and foreign securities depositories designated in Schedule "A" hereto but only in accordance with the provisions of Article 3.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fundits assets, including securities which the Fund, on behalf of the applicable Portfolios it desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the provisions of the Articles of Incorporation. The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfoliosowned by It, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) Fund from time to time, and the cash consideration received by it for such new or treasury shares of capital stock of the Fund representing interests in the Portfoliosstock, ("Shares") of the Fund as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio the Fund held or received by the Portfolio Fund and not delivered to the Custodian. Upon receipt of "Proper Instructions" (within the meaning of Article 65), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, custodians located in the United States States, but only in accordance with an applicable vote voce by the Board of Directors of the Fund on behalf of the applicable Portfolio(s)Fund, and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian. The Custodian may employ as sub-custodians for the Fund's securities and other assets the foreign banking institutions and foreign securities depositories designated in Schedule "A" hereto but only in accordance with the provisions of Article 3.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fund, including securities which the Fund, on behalf of the applicable Portfolios Portfolio desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the provisions of the Articles of Incorporation. The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest of the Fund representing interests in the Portfolios, ("Shares") as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio held or received by the Portfolio and not delivered to the Custodian. Upon receipt of "Proper Instructions" (within the meaning of Article 65), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, located in the United States but only in accordance with an applicable vote by the Board of Directors of the Fund on behalf of the applicable Portfolio(s), and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian.

Employment of Custodian and Property to be Held by It. The Fund Trust hereby employs the Custodian as the custodian of the assets of the Portfolios each of the Fund, including securities which the Fund, on behalf Funds of the applicable Portfolios desires to be held in places within Trust. Except as otherwise expressly provided herein, the United States ("domestic securities") securities and securities it desires to be held outside the United States ("foreign securities") pursuant to the provisions other assets of each of the Articles Funds shall be segregated from the assets of Incorporationeach of the other Funds and from all other persons and entities. The Fund on behalf of the Portfolio(s) agrees to Trust will deliver to the Custodian all securities and cash of owned by the Portfolios, Funds and all payments of income, payments of principal or capital distributions received by it them with respect to all securities owned by the Portfolio(s) Funds from time to time, and the cash consideration received by it them for such new or treasury shares (“Shares”) of beneficial interest/capital stock of the Fund representing interests in the Portfolios, ("Shares") Funds as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio the Funds held or received by the Portfolio Funds and not delivered to the Custodian. Upon receipt of "“Proper Instructions" ” (within the meaning of Article 6Section 2.18), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, located custodians upon the terms specified in the United States but only in accordance with an applicable vote by the Board of Directors of the Fund on behalf of the applicable Portfolio(s)Proper Instructions, and provided that the Custodian shall have no more or less responsibility or liability to the Fund Trust or any of the Funds on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian.

Employment of Custodian and Property to be Held by It. The Fund Trust hereby employs the Custodian as the custodian of the assets of the Portfolios of the FundTrust, including securities which the FundTrust, on behalf of the applicable Portfolios Portfolio desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the provisions of the Articles Trust's Declaration of IncorporationTrust. The Fund Trust on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock each class of beneficial interest of the Fund Trust representing interests in the Portfolios, Portfolios ("Shares") as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio held or received by the Portfolio and not delivered to the Custodian. Upon receipt of "Proper Instructions" (within the meaning of Article 6as such term is defined in Section 6 hereof), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, located in the United States but only in accordance with an applicable vote by the Board of Directors Trustees of the Fund Trust (the "Board of Trustees") on behalf of the applicable Portfolio(s), and provided that the Custodian shall have no more or less responsibility or liability to the Fund Trust on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian. The Custodian may employ as sub-custodian for the Trust's foreign securities on behalf of the applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedules A and B hereto but only in accordance with the applicable provisions of Sections 3 and 4.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the its assets of the Portfolios of the Fund, including securities which the Fund, on behalf of the applicable Portfolios desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the provisions of the Articles Fund’s agreement and declaration of Incorporationtrust (the “Declaration of Trust”). The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfoliosowned by it, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) Fund from time to time, and the cash consideration received by it for such new or treasury shares of capital stock beneficial interest (“Shares”) of the Fund representing interests in the Portfolios, ("Shares") as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio the Fund held or received by the Portfolio Fund and not delivered to the Custodian or which is delivered out in accordance with Proper Instructions (as such term is defined in Article 6 hereof) including, without limitation, Fund property held by brokers, private bankers, custodians other than the Custodian, warehousing agents or servicers including, without limitation, Midland Loan Servicers, Inc., or other persons or entities on behalf of the Fund. Upon receipt of "“Proper Instructions" ” (within the meaning of Article 6), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, located in the United States but only in accordance with an applicable vote by the Board board of Directors trustees of the Fund on behalf of (the applicable Portfolio(s“Board”), and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian.

Employment of Custodian and Property to be Held by It. The Fund Company hereby employs the Custodian as the custodian of the assets of its separate portfolio represented by its Series A Common Stock, commonly known as the Portfolios of Fortis Global Growth Portfolio (the Fund"Portfolio"), including securities which the Fund, on behalf of the applicable Portfolios it desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside of the United States ("foreign securities") pursuant to the provisions of the Articles of Incorporation. The Fund on behalf of the Portfolio(s) Company agrees to deliver to the Custodian all securities and cash of the PortfoliosPortfolio, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by of the Portfolio(s) Portfolio from time to time. All securities are to be held or disposed of by the Custodian for, and subject at all times to the cash consideration received by it for instructions of, the Company pursuant to the terms of this Agreement. The Custodian shall have no power or authority to assign, hypothecate, pledge or otherwise dispose of any such new or treasury shares of capital stock securities, except pursuant to the directive of the Fund representing interests in Company and only for the Portfolios, ("Shares") as may be issued or sold from time to timeaccount of the Portfolio. The Custodian shall not be responsible for any property of a the Portfolio held or received by the Portfolio Company and not delivered to the Custodian. Upon receipt of The Custodian may employ as sub-custodians for the Portfolio's securities and other assets the foreign banking institutions and foreign securities depositories designated in Schedule "Proper InstructionsA" (within the meaning of Article 6), the Custodian shall on behalf of the applicable Portfolio(s) hereto as amended from time to time employ one or more sub-custodians, located in the United States but only in accordance with an applicable vote by the Board provisions of Directors Article 3. All sub-custodians of the Fund on behalf of the applicable Portfolio(s), and provided that the Custodian shall have no more or less responsibility or liability be subject to the Fund on account instructions of any actions or omissions the Custodian and not to those of any sub-custodian so employed than any such sub-custodian has to the Company and shall act solely as agents of the Custodian.

Employment of Custodian and Property to be Held by It. The Fund Company hereby employs the Custodian as the custodian of the assets of the Portfolios of the FundCompany, including securities which the Fund, on behalf of the applicable Portfolios Company desires to be held in places within the United States ("“domestic securities"”) and securities it desires to be held outside the United States ("“foreign securities"”) pursuant to the provisions of the Articles Company’s Certificate of IncorporationIncorporation and Bylaws (the “Constitutive Documents”). The Fund on behalf of the Portfolio(s) Company agrees to deliver to the Custodian all securities and cash of the PortfoliosCompany, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) Company from time to time, and the cash consideration received by it for such new or treasury all shares of capital stock of the Fund representing interests common stock, par value $0.001 per share, and preferred stock, par value $0.001 per share, in the PortfoliosCompany (collectively, ("“Shares"”) as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio the Company held or received by the Portfolio Company and not delivered to the Custodian. Upon receipt of "“Proper Instructions" ” (within the meaning of Article 6), the Custodian shall on behalf of the applicable Portfolio(s) Company from time to time employ one or more sub-custodians, subcustodians located in the United States States, but only in accordance with an applicable vote by the Board of Directors of the Fund on behalf of Company (the applicable Portfolio(s“Board”), and provided that the Custodian shall have no more or less responsibility or liability to the Fund Company on account of any actions or omissions of any sub-custodian subcustodian so employed than any such sub-custodian subcustodian has to the Custodian. The Custodian may employ as subcustodian for the Company’s foreign securities the foreign building institutions and foreign securities depositories designated in Schedule A hereto but only in accordance with the provisions of Article 3 and Article 4 hereof.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fund, including securities which the Fund, on behalf of the applicable Portfolios Portfolio desires to be held in places within the United States ("domestic 5 securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to consistent with the provisions of the Articles of Incorporation. The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock of the Fund representing interests in the Portfolios, ("Shares") as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio held or received by the Portfolio and not delivered to the Custodian. Upon receipt of "Proper Instructions" (within the meaning of Article 65), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, located in the United States but only in accordance with an applicable vote by the Board of Directors of the Fund on behalf of the applicable Portfolio(s), and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian. The Custodian may employ as sub-custodian for the Fund's foreign securities on behalf of the applicable Portfolio(s) the foreign banking institutions and foreign securities depositories designated in Schedule A hereto but only in accordance with the provisions of Article 3.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fund, including securities which the Fund, on behalf of the applicable Portfolios desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the provisions of the Articles of Incorporation. The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfolios, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital common stock of the Fund representing interests in the Portfolios, ("Shares") as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio held or received by the Portfolio and not delivered to the Custodian. Upon receipt of "Proper Instructions" (within the meaning of Article 6Section 2.17), the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, located in the United States but only in accordance with an applicable vote by the Board of Directors of the Fund on behalf of the applicable Portfolio(s), and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the assets of the Portfolios of the Fundits assets, including securities which the Fund, on behalf of the applicable Portfolios it desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the provisions of the Articles of Incorporation. The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of the Portfoliosowned by it, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) Fund from time to time, and the cash consideration received by it for such new or treasury shares of capital stock of the Fund representing interests in the Portfoliosstock, $.01 par value ("Shares") of the Fund as may any be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio the Fund held or received by the Portfolio Fund and not delivered to the Custodian. Upon receipt of "Proper Instructions" (within the meaning of Article 6), 4) the Custodian shall on behalf of the applicable Portfolio(s) from time to time employ one or more sub-custodians, custodians located in In the United States States. but only in accordance with an applicable vote by the Board board of Directors of the Fund on behalf of the applicable Portfolio(s)Fund, and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian. The Custodian may employ as sub-custodian for the Fund's securities and other assets the foreign banking institutions and foreign securities depositories designated in Schedule "A" hereto but only in accordance with the provisions of Article 3.

Employment of Custodian and Property to be Held by It. The Fund hereby employs the Custodian as the custodian of the its assets held in CGM Focus Fund, a series of the Portfolios of Fund (the Fund"Series"), including securities which the Fund, on behalf of the applicable Portfolios desires to be held in places within the United States ("domestic securities") and securities it desires to be held outside the United States ("foreign securities") pursuant to the provisions of the Articles of IncorporationFund's By-Laws. The Fund on behalf of the Portfolio(s) agrees to deliver to the Custodian all securities and cash of owned by the PortfoliosSeries, and all payments of income, payments of principal or capital distributions received by it with respect to all securities owned by the Portfolio(s) Series from time to time, and the cash consideration received by it for such new or treasury shares units of capital stock of the Fund representing interests in the Portfoliosbeneficial interest, no par value ("Shares") ), of the Series as may be issued or sold from time to time. The Custodian shall not be responsible for any property of a Portfolio the Fund held or received by the Portfolio Fund and not delivered to the Custodian. Upon receipt of "Proper Instructions" (within the meaning of Article 6), the The Custodian shall on behalf of the applicable Portfolio(s) may from time to time employ one or more sub-custodians, located in the United States but only in accordance with an applicable vote by the Board of Directors Trustees of the Fund on behalf of certified to the applicable Portfolio(s)Custodian in the manner set forth in Section 2.18 hereof, and provided that the Custodian shall have no more or less responsibility or liability to the Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian. Notwithstanding the foregoing, each approval by the Board of Trustees of the Fund of the employment of a particular sub-custodian shall not relieve the Custodian of its obligations to exercise reasonable care in selecting such sub-custodian.