Common use of Failure of Third Parties Clause in Contracts

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 terms of this Agreement) including: (a) any issuer of Investments or book-entry or other agent of 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 (other than a Subcustodian or agent, for which the Custodian is responsible in accordance with the terms of this Agreement) of a Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Appears in 9 contracts

Samples: Custodian Agreement (New Covenant Funds), Custodian Agreement (Sei Institutional International Trust), Custodian Agreement (Adviser Managed Trust)

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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 terms of this Agreement) including: (a) any issuer of Investments or book-entry or other agent of 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 (other than a Subcustodian or agent, for which the Custodian is responsible in accordance with the terms of this Agreement) of a FundFund or Company; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Appears in 2 contracts

Samples: Custodian Agreement (Sei Institutional Investments Trust), Custodian Agreement (Sei Institutional Managed Trust)

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 terms of this Agreement) including: (a) any issuer of Investments or bookBook-entry Entry Agent or other agent of and 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 foreign custody manager or other agent of the Trust (other than a Subcustodian or agent, for which the Custodian is responsible in accordance with the terms of this Agreement) of a Fund); or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Appears in 1 contract

Samples: Custodian Agreement (CSOP ETF Trust)

Failure of Third Parties. The failure of any third party (other than a Subcustodian or agent, agent for which the Custodian is responsible in accordance with the terms of this Agreement) including: (a) any issuer of Investments or book-entry or other agent of 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 (other than a Subcustodian or agent, agent for which the Custodian is responsible in accordance with the terms of this Agreement) of a Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Appears in 1 contract

Samples: Custodian Agreement (Sei Institutional International Trust)

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Failure of Third Parties. The failure of any third party (other than a Subcustodian or agent, agent for which the Custodian is responsible in accordance with the terms of this Agreement) including: (a) any issuer of Investments or book-entry or other agent of 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 (other than a Subcustodian or agent, agent for which the Custodian is responsible in accordance with the terms of this Agreement) of a the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Appears in 1 contract

Samples: Custodian Agreement (RidgeWorth Funds)

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 terms of this Agreement) including: (a) any issuer of Investments or book-entry or other agent of 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 (other than a Subcustodian or agent, for which the Custodian is responsible in accordance with the terms of this Agreement) of a the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Appears in 1 contract

Samples: Custodian Agreement (SEI Structured Credit Fund, LP)

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