Common use of Failure of Third Parties Clause in Contracts

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Book-Entry entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager investment adviser or other agent Agent of the FundTrust; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment AdvisorAdviser, foreign custody manager Foreign Custody Manager (if not the Custodian) or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager Foreign Custody Manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Book-Entry entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager investment adviser or other agent Agent of the FundCompany; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Book-Entry entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager investment adviser or other agent Agent of the FundCorporation; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) the General Partner; (b) any futures commission merchant(s); (c) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (bd) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (ce) failure of an Investment Advisor, foreign custody manager Advisor or other agent of the Fund; or (df) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an any issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager Foreign Custody Manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, third party foreign custody manager or other agent of the FundFund ; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party excluding subcustodians, but including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an any issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager third-party Foreign Custody Manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment AdvisorAdviser, third party foreign custody manager or other agent of the FundTrust; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager Foreign Custody Manager or other agent of the FundTrust; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any the following third party includingparties: (a) any issuer of Investments or Book-Entry entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager or other agent investment adviser of the a Fund; or (d) failure of other third parties (that are not an affiliate or Agent of the Custodian) similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party (except as expressly provided in Section 8.6 in respect of Subcustodians and Section 6.17 in respect of Agents) including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, third party foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party (excluding Subcustodians) including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager Foreign Custody Manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) the Sponsor or the Trust; (b) any futures commission merchant(s); (c) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (bd) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (ce) failure of an Investment Advisor, foreign custody manager Advisor or other agent of the Fund; or (df) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager or other agent of the FundTrust other than Xxxxx Brother Xxxxxxxx & Co.; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party (excluding Subcustodians) including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (b) any counterparty counterpartY with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager Foreign Custody Manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party (excluding Sub-custodians) including: (a) any issuer of Investments or Book-Entry entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager investment adviser or other agent of the FundCompany; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party used by Custodian at the direction of the Company including: (a) any issuer of Investments or Book-Entry entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager investment adviser or other agent Agent of the FundCompany; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party (other than a Subcustodian, as provided in Section 8.6, or an Agent, as provided in Section 6.17) including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, third party foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager (if not the Custodian) or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an any issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager Foreign Custody Manager or other agent of the a Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: ! (a) any issuer of Investments or Book-Entry entry Agent or other agent of an issuer; : (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager investment adviser or other agent Agent of the FundCorporation; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment AdvisorAdviser, foreign custody manager Foreign Custody Manager or other agent of the FundaFund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment AdvisorAdviser, foreign custody manager Foreign Custody Manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any the following third party includingparties: (a) any futures commission merchant(s); (b) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (bc) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (cd) failure of an Investment Advisor, foreign custody manager the Adviser or other agent of the Fund; or (de) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party party, excluding a Subcustodian, but including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Book-Entry entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; or (c) failure of an Investment Advisor, foreign custody manager investment adviser or other agent of the Fund; Trust or (d) failure of other third parties similarly beyond the control or choice of the CustodianSub-custodian.

Failure of Third Parties. The failure of any third party (other than a Subcustodian, as provided in Section 8.6 or an Agent as provided in Section 6.17) including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, third party foreign custody manager or other agent of the FundFund ; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The Except as specifically stated to the contrary in this Agreement, the failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment AdvisorAdviser, foreign custody manager Foreign Custody Manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an any issuer; (b) any counterparty with respect to any Investment, including any issuer of any exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager Foreign Custody Manager or other agent of the FundFund (other than the Custodian or its agents); or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party (other than a Subcustodian or Agent, for which the Custodian is responsible in accordance with the express terms of this Agreement), including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, third party foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an any issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager Foreign Custody Manager or other agent of the FundTrust; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party (other than a Subcustodian or Agent) including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, third party foreign custody manager or other agent of the FundFund ; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party (other than a Subcustodian or other Agent), including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment AdvisorAdviser, foreign custody manager or other agent of the FundTrust; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment AdvisorAdviser, foreign custody manager Foreign Custody Manager or other agent of the a Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party other than a Subcustodian, including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager Advisor or other agent of the FundTrust other than the Custodian or any Subcustodian; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party other than as provided in Section 8.6 hereof with respect to any Subcustodian, including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any the following third party includingparties: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party beyond the Custodian’s reasonable control including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Book-Entry entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager Adviser or other agent Agent of the FundBank; or (d) failure of other third parties similarly beyond the control or choice of the CustodianGlobal Sub-custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Book-Entry entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager investment adviser or other agent Agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (aA) the Managing Owner; (B) any futures commission merchant(s); (C) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an any issuer; (bD) any counterparty with respect to any Investment, including any issuer of exchange-, traded or other futures, option, derivative or commodities contract; (cE) failure of an Investment Advisor, foreign custody manager investment advisor or other agent of the any Fund; or (dF) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment AdvisorAdviser, foreign custody manager or other agent of the FundTrust; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.;

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager or other agent of the FundTrust other than Brown Brother Harriman & Co.; or ox (dx) failure of other xx xxxxx third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (aA) the Managing Owner; (B) any futures commission merchant(s); (C) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (bD) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (cE) failure of an Investment Advisor, foreign custody manager investment advisor or other agent of the any Fund; or (dF) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party (subject to the provisions hereof with respect to Agents and Subcustodians) including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, third party foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Book-Entry entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager Adviser or other agent Agent of the FundCompany; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party (except as set forth herein in respect of any Agent or Subcustodian) including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment AdvisorAdvisor or Investment Manager, foreign custody manager Foreign Custody Manager or other agent of the FundPortfolio; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an any issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager Foreign Custody Manager or other agent of the Fund; or (dc) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Book-Entry Agent entry agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager investment adviser or other agent of the FundTrust; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party (other than a Subcustodian or Agent) including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment AdvisorAdviser, foreign custody manager Foreign Custody Manager (as defined in Section 13.12) or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party beyond the control or choice of the Custodian including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; or (c) failure of an Investment Advisor, foreign custody manager Advisor or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager or other agent of the FundTrust; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Book-Entry entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; : (c) failure of an Investment Advisor, foreign custody manager investment adviser or other agent Agent of the FundTrust; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments or Bookbook-Entry Agent entry or other agent of an and issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager Foreign Custody Manager (other than the Custodian acting as Foreign Custody Manager) or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Failure of Third Parties. The failure of any third party including: (a) any issuer of Investments ofInvestments or Book-Entry entry Agent or other agent of an issuer; (b) any counterparty with respect to any toany Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities orcommodities contract; : (c) failure of an Investment Advisor, foreign custody manager investment adviser or other agent Agent of the FundTrust; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.