Common use of Failure of Third Parties Clause in Contracts

Failure of Third Parties. The Custodian shall not be liable for any loss, claim, damage or other liability arising from 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 Fund ; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Appears in 6 contracts

Samples: Funds Transfer Services Agreement (Investment Managers Series Trust III), Funds Transfer Services Agreement (Fpa Funds Trust), Funds Transfer Services Agreement (SEI Exchange Traded Funds)

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Failure of Third Parties. The Custodian shall not be liable for any loss, claim, damage or other liability arising from 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 Fund Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Appears in 5 contracts

Samples: Custodian Agreement (New Age Alpha Funds Trust), Custodian Agreement (New Age Alpha Variable Funds Trust), Funds Transfer Services Agreement (Grandeur Peak Global Trust)

Failure of Third Parties. The Custodian shall not be liable for any loss, claim, damage or expense suffered or incurred by any Fund resulting from or occasioned by the actions, omissions, neglects, defaults, insolvency or other liability arising from the failure of any third party including: (ai) any issuer of Investments any Securities or Book-Entry Agent or other of any agent of an such issuer; (bii) any counterparty with respect to any InvestmentSecurity or other Asset, including any issuer of exchange-traded or other any option, futures, option, derivative derivatives 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.;

Appears in 2 contracts

Samples: Custody Agreement (Fairway Private Equity & Venture Capital Opportunities Fund), Custody Agreement (Community Development Fund)

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Failure of Third Parties. The Custodian shall not be liable for any loss, claim, damage or other liability arising from 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 Fund Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Appears in 1 contract

Samples: Funds Transfer Services Agreement (SEI Alternative Income Fund)

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