Common use of Liability for Acts and Omissions of Foreign Subcustodians Clause in Contracts

Liability for Acts and Omissions of Foreign Subcustodians. The Custodian shall be liable to a Fund for any loss or damage to such Fund caused by or resulting from the acts or omissions of any Foreign Subcustodian only to the extent that, under the terms set forth in the subcustodian agreement between the Custodian or a Domestic Subcustodian and such Foreign Subcustodian, the Foreign Subcustodian has failed to perform in accordance with the standard of care imposed under such subcustodian agreement, which standard of care shall be no less than the standard of care imposed on the Custodian by this Agreement, and the Custodian or Domestic Subcustodian recovers from the Foreign Subcustodian under the applicable subcustodian agreement.

Liability for Acts and Omissions of Foreign Subcustodians. The Custodian shall be liable to a the Fund for any loss or damage to such Fund caused by or resulting from the acts or omissions of any Foreign Subcustodian only to the extent that, under the terms set forth in the subcustodian agreement between the Custodian or a Domestic Subcustodian and such Foreign Subcustodian, the Foreign Subcustodian has failed to perform in accordance with the standard of care imposed under such subcustodian agreement, which standard of care shall be no less than the standard of care imposed on the Custodian by this Agreement, and the Custodian or Domestic Subcustodian recovers from the Foreign Subcustodian under the applicable subcustodian agreement.

Liability for Acts and Omissions of Foreign Subcustodians. The Custodian shall be liable to a Fund for any loss or damage to such Fund caused by or resulting from the acts or omissions of any Foreign Subcustodian only to the extent that, under the terms set forth in the subcustodian agreement between the Custodian or a Domestic Subcustodian and such Foreign Subcustodian, the Foreign Subcustodian has failed to perform in accordance with the standard of care imposed under such subcustodian agreement, which standard of care shall be no less than substantially similar to the standard of care imposed on the Custodian by this Agreement, and the Custodian or Domestic Subcustodian recovers from the Foreign Subcustodian under the applicable subcustodian agreement.

Liability for Acts and Omissions of Foreign Subcustodians. The Custodian shall be liable to a the Fund for any loss or damage to such the Fund caused by or resulting from the acts or omissions of any Foreign Subcustodian only to the extent that, under the terms set forth in the subcustodian agreement between the Custodian or a Domestic Subcustodian and such Foreign Subcustodian, the Foreign Subcustodian has failed to perform in accordance with the standard of care conduct imposed under such subcustodian agreement, which standard of care shall be no less than substantially similar to the standard of care imposed on the Custodian by this Agreement, and the Custodian or Domestic Subcustodian recovers from the Foreign Subcustodian under the applicable subcustodian agreement.