Common use of Liability for Past Records Clause in Contracts

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's employment hereunder.

Appears in 195 contracts

Samples: Custody Agreement (Variant Alternative Lending Fund), Custody Agreement (FT Vest Total Return Income Fund: Series A3), Custody Agreement (FT Vest Hedged Equity Income Fund: Series A3)

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Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's ’s employment hereunder.

Appears in 79 contracts

Samples: Custody Agreement (CPG Vintage Access Fund VII, LLC), Custody Agreement (Versus Capital Real Assets Fund LLC), Custody Agreement (Versus Capital Multi-Manager Real Estate Income Fund LLC)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a the Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such the Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's employment hereunder.

Appears in 32 contracts

Samples: Custody Agreement (FS MVP Private Markets Fund), Custody Agreement (FS MVP Private Markets Fund), Custody Agreement (Calamos Aksia Alternative Credit & Income Fund)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a the Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such the Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's ’s employment hereunder.

Appears in 12 contracts

Samples: Custody Agreement (Meketa Infrastructure Fund), Custody Agreement (Alti Private Equity Access & Commitments Fund), Custody Agreement (Carlyle AlpInvest Private Markets Fund)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's employment hereunderhereunder provided the standard of care in 6(a) has been met.

Appears in 10 contracts

Samples: Custody Agreement (Hatteras Global Private Equity Partners, LLC), Custody Agreement (Acp Funds Trust), Custody Agreement (Hatteras Global Private Equity Partners Master Fund, LLC)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's employment hereunder, provided that the standard of care set forth in Section 6(a) has been met.

Appears in 8 contracts

Samples: Custody Agreement (Fiera Capital Series Trust), Custody Agreement (Corsair Opportunity Fund), Custody Agreement (Gottex Multi-Asset Endowment Master Fund)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a the Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any * Domestic Subcustodian in reliance upon records that were maintained for such the Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's employment hereunder.

Appears in 4 contracts

Samples: Custody Agreement (Scout Kansas Tax Exempt Bond Fund Inc), Custody Agreement (Scout Capital Preservation Fund Inc), Custody Agreement (Buffalo Small Cap Fund Inc)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a the Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's employment hereunder.

Appears in 3 contracts

Samples: Custody Agreement (Forum CRE Income Fund), Custody Agreement (NB Crossroads Private Markets Access Fund LLC), Custody Agreement (Predex)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a FundFund Company, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in as a result of reasonable reliance upon records that were maintained for such Fund Company by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's employment hereunder.

Appears in 3 contracts

Samples: Custody Agreement (Twentieth Century World Investors Inc), Custody Agreement (Tci Portfolios Inc), Custody Agreement (Twentieth Century Strategic Portfolios Inc /Mo/)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a FundPortfolio, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such Fund Portfolio by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's employment hereunder.

Appears in 3 contracts

Samples: Custody Agreement (Avalon Funds Inc), Custody Agreement (Electric City Funds Inc), Custody Agreement (Fairholme Funds Inc)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a the Fund, insofar as such loss, damage or expense arises from the performance of the Custodian custodian or any Domestic Subcustodian in reliance upon records that were maintained for such the Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's employment hereunder.

Appears in 2 contracts

Samples: Custody Agreement (Builders Proloan Fund Inc), Custody Agreement (Builders Proloan Fund Inc)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's employment hereunder.. (d)

Appears in 1 contract

Samples: Custody Agreement (Pear Tree Funds)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a the Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such the Fund by entities other than the Custodian, or any Domestic Subcustodian, or any affiliate of either the Custodian or any Domestic Subcustodian Subcustodian, prior to the Custodian's employment hereunder.

Appears in 1 contract

Samples: Custody Agreement (Little Harbor MultiStrategy Composite Fund)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a the Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such the Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's employment hereunder.. (e)

Appears in 1 contract

Samples: Custody Agreement (Icap Funds Inc)

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Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reasonable reliance upon records that were maintained for such Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's employment hereunder.

Appears in 1 contract

Samples: Custody Agreement (Variable Insurance Funds)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a the Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reasonable reliance upon records that were maintained for such the Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's employment hereunder.

Appears in 1 contract

Samples: Custody Agreement (Investors Research Fund Inc)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's employment hereunderunder the Prior Agreement.

Appears in 1 contract

Samples: Custody Agreement (Community Development Fund)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a the Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such the Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's ’s employment hereunder.,

Appears in 1 contract

Samples: Custody Agreement (Center Coast MLP & Infrastructure Fund)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a Fundthe Company, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such Fund the Company by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's ’s employment hereunder.

Appears in 1 contract

Samples: Custody Agreement (CIM Real Assets & Credit Fund)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a Fund, insofar as such loss, damage or expense arises from the performance perfo1mance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's employment hereunder.

Appears in 1 contract

Samples: Custody Agreement (American Growth Fund Inc)

Liability for Past Records. Neither the Custodian custodian nor any Domestic Subcustodian shall have any liability in is respect of any loss, damage or expense suffered by a s Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's ’s employment hereunder.

Appears in 1 contract

Samples: Custody Agreement (Profunds)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a Fund, insofar as such loss, damage or expense arises from the performance pe1formance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's employment hereunder.

Appears in 1 contract

Samples: Custody Agreement (Palmer Square Opportunistic Income Fund)

Liability for Past Records. Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a the Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such the Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's ’s employment hereunder, provided that the standard of care set forth in Section 6(a) has been met.

Appears in 1 contract

Samples: Custody Agreement (Archstone Alternative Solutions Fund)

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