Common use of Gains Clause in Contracts

Gains. Where an error or omission has occurred under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances and, provided that the Fund is put in the same or equivalent position as it would have been in if the error or omission had not occurred, any favorable consequences of the Custodian’s remedial action shall be solely for the account of the Custodian.

Appears in 62 contracts

Samples: Custody Agreement (Dreyfus Alcentra Global Credit Income 2024 Target Term Fund, Inc.), Custody Agreement (Dreyfus Institutional Liquidity Funds), Custody Agreement (BNY Mellon Absolute Insight Funds, Inc.)

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Gains. Where an error or omission has occurred under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances and, provided that the Fund is put in the same or equivalent position as it would have been in if the error or omission had not occurred, any favorable consequences of the Custodian’s remedial action shall be solely for the account of the Custodian, without any duty to report to the Fund any loss assumed or benefit received by it as a result of taking such action.

Appears in 39 contracts

Samples: Custody Agreement (Oaktree Strategic Credit Fund), Custody Agreement (Simplify Exchange Traded Funds), Custody Agreement (Forum Funds)

Gains. Where an error or omission has occurred under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances and, provided that the applicable Fund is put in the same or equivalent position as it would have been in if the error or omission had not occurred, any favorable consequences of the Custodian’s remedial action shall be solely for the account of the Custodian, without any duty to report to the Fund any loss assumed or benefit received by it as a result of taking such action.

Appears in 11 contracts

Samples: Custody Agreement (Highland Funds Ii), Custody Agreement (Highland Funds I), Custody Agreement (NexPoint Strategic Opportunities Fund)

Gains. Where an error or omission has occurred under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances and, provided that the Fund is put in the same or equivalent position as it would have been in if the error or omission had not occurred, any favorable consequences of the Custodian’s remedial action shall be solely reported to the Fund for the account its determination of the Custodianapplication of any benefit received as a result of the Custodian taking such action.

Appears in 5 contracts

Samples: Custody Agreement (AMG Funds II), Custody Agreement (AMG Funds IV), Custody Agreement (AMG Funds I)

Gains. Where an error or omission has occurred under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances and, provided that the Fund applicable Series is put in the same or equivalent position as it would have been in if the error or omission had not occurred, any favorable consequences of the Custodian’s remedial action shall be solely for the account of the Custodian. The Custodian shall report to the Fund any loss assumed or benefit received by it as a result of taking such action.

Appears in 5 contracts

Samples: Custody Agreement (Aim Investment Securities Funds (Invesco Investment Securities Funds)), Custody Agreement (Aim Variable Insurance Funds (Invesco Variable Insurance Funds)), Custody Agreement (Invesco Management Trust)

Gains. Where an error or omission has occurred under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances and, provided that the applicable Fund is put in the same or equivalent position as it would have been in if the error or omission had not occurred, any favorable consequences of the Custodian’s remedial action shall be solely for the account of the Custodian, without any duty to report to the Trust or the Funds any loss assumed or benefit received by it as a result of taking such action.

Appears in 3 contracts

Samples: Custody Agreement (Northern Lights Fund Trust IV), Custody Agreement (Northern Lights Fund Trust IV), Custody Agreement (Two Roads Shared Trust)

Gains. Where an error or omission has occurred under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances and, provided that the Fund is put in the same or equivalent position as it would have been in if the error or omission had not occurred, any favorable consequences of the Custodian’s remedial action shall be solely reported to the Fund for the account its determination of the Custodianapplication of any benefit received as a result of Custodian taking such action.

Appears in 2 contracts

Samples: Custody Agreement (AMG Pantheon Credit Solutions Fund), Custody Agreement (AMG Pantheon Private Equity Fund, LLC)

Gains. Where an error or omission has occurred under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances and, provided that the Fund is put in the same or equivalent position as it would have been in if the error or omission had not occurred, any favorable consequences of the Custodian’s 's remedial action shall may be solely for the account of the Custodian. The Custodian shall report to the Fund any loss assumed or benefit received by it as a result of taking such action.

Appears in 2 contracts

Samples: Custody Agreement (Aquila Municipal Trust), Custody Agreement (Aquila Funds Trust)

Gains. Where an error or omission has occurred under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances and, provided that the Fund is put in the same or equivalent position as it would have been in if the error or omission had not occurred, any favorable consequences of the Custodian’s remedial action shall be solely solely, for the account of the Custodian, without any duty to report to the Fund any loss assumed or benefit received by it as a result or taking such action.

Appears in 1 contract

Samples: Custody Agreement (Oaktree Funds)

Gains. Where an error or omission has occurred under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances and, provided that the Fund applicable Series is put in the same or equivalent position as it would have been in if the error or omission had not occurred, any favorable consequences of the Custodian’s remedial action shall be solely for the account of the Custodian, Custodian shall report to the Fund any loss assumed or benefit received by it as a result of taking such action.

Appears in 1 contract

Samples: Custody Agreement (Bridgeway Funds Inc)

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Gains. Where an error or omission has occurred under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances and, provided that if the Fund is put in the same or equivalent position as it would have been in if the error or omission had not occurred, any favorable consequences of the Custodian’s remedial action shall be solely for the account of the Custodian, without any duty to report to the Fund any loss assumed or benefit received by it as a result of taking such action.

Appears in 1 contract

Samples: Custody Agreement (Oneamerica Funds Inc)

Gains. Where an error or omission has occurred under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances and, provided that the Fund is put in the same or equivalent position as it would have been in if the error or omission had not occurred, any favorable consequences of the Custodian’s remedial action shall be solely for the account of the Custodian., without any duty to report to the Fund any loss assumed or benefit received by the Custodian as a result of taking such action

Appears in 1 contract

Samples: Custody Agreement (Symmetry Panoramic Trust)

Gains. Where an error or omission has occurred under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances and, provided that the Fund is put in the same or equivalent position as it would have been in if the error or omission had not occurred, any favorable consequences of the Custodian’s 's remedial action shall be solely for the account of the Custodian, without any duty to report to the Fund any loss assumed or benefit received by it as a result of taking such action.

Appears in 1 contract

Samples: Custody Agreement (Context Capital Funds)

Gains. Where an error or omission has occurred under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances and, provided that the Fund is put in the same or equivalent position as it would have been in if the error or omission had not occurred, any favorable consequences of the Custodian’s remedial action shall be solely for the account of the Custodian. The Custodian shall report to the Fund any loss assumed or benefit received by it as a result of taking such action.

Appears in 1 contract

Samples: Custody Agreement (Great-West Funds Inc)

Gains. Where an error or omission has occurred under this Agreement, the Custodian may take such remedial action as it considers appropriate under the circumstances and, provided that the applicable Fund is put in the same or equivalent position as it would have been in if the error or omission had not occurred, any favorable consequences of the Custodian’s remedial action shall be solely for the account of the Custodian. The Custodian shall report to the Trust any loss assumed or benefit received by it as a result of taking such action.

Appears in 1 contract

Samples: Custody Agreement (Invesco DB Commodity Index Tracking Fund)

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