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, the Custodian’s responsibility for which is expressly covered under other 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.

Appears in 1 contract

Samples: Custodian Agreement (AIM ETF Products Trust)

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Failure of Third Parties. The failure of any third party (other than a Subcustodian party, pertaining to the third party’s actions alone and not Custodian or AgentSubcustodian’s selection of such party, the Custodian’s responsibility for which is expressly covered under other 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 (other than Custodian) or other agent of 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 (USCF ETF Trust)

Failure of Third Parties. The failure of any third party (other than a Subcustodian or Agent, the Custodian’s responsibility for which is expressly covered under other terms of this Agreement) hereunder 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 1 contract

Samples: Custodian Agreement (Esoterica Thematic ETF Trust)

Failure of Third Parties. The failure of any third party (other than a Subcustodian Subcustodian, as provided in Section 8.6, or an Agent, the Custodian’s responsibility for which is expressly covered under other terms of this Agreement) 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.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (LocalShares Investment Trust)

Failure of Third Parties. The failure of any third party (other than a Subcustodian or AgentSubcustodian), the Custodian’s responsibility for which is expressly covered under other terms of this Agreement) including: (a) any issuer of Investments or Bookand book-Entry Agent entry or other agent of an the 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 FundCompany (other than the Custodian acting in such capacity hereunder); or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

Appears in 1 contract

Samples: Custodian Agreement (Matthews a Share Selections Fund, LLC)

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Failure of Third Parties. The failure of any third party (other than a Subcustodian or Agent, the Custodian’s responsibility for which is expressly covered under other terms of this Agreement) hereunder, 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, a 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 1 contract

Samples: Custodian Agreement (Pgim Etf Trust)

Failure of Third Parties. The failure of any third party (other than a Subcustodian or Agent, subject to the provisions hereof with respect to Agents and Subcustodians that are not affiliated with the Custodian’s responsibility for which is expressly covered under other 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.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (Metaurus Equity Component Trust)

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