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: Custodian and Transfer Agent Agreement (Investment Managers Series Trust III), Custodian and Transfer Agent Agreement (Fpa Funds Trust), Custodian and Transfer Agent Agreement (SEI Exchange Traded Funds)

AutoNDA by SimpleDocs

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 Variable Funds Trust), Custodian Agreement (New Age Alpha Funds Trust), Custodian 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)

AutoNDA by SimpleDocs

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 2 contracts

Samples: Custodian Agreement (WEBs ETF Trust), Custodian Agreement (SEI Alternative Income Fund)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!