Common use of Liability of Custodian Clause in Contracts

Liability of Custodian. The Custodian shall be liable for the acts or omissions of a Foreign Sub-Custodian to the same extent as set forth with respect to sub-custodians generally in this Agreement and, regardless of whether assets are maintained in the custody of a Foreign Sub-Custodian or a Foreign Securities System, the Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from nationalization, expropriation, currency restrictions, or acts of war or terrorism, or any other loss where the Sub-Custodian has otherwise acted without fraud, negligence or willful misconduct.

Appears in 14 contracts

Samples: Master Custodian Agreement (Natixis ETF Trust II), Master Custodian Agreement (Natixis ETF Trust), Master Custodian Agreement (Gateway Trust)

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Liability of Custodian. The Custodian shall be liable for the acts or omissions of a Foreign Sub-Custodian to the same extent as set forth with respect to sub-custodians generally in this Agreement and, regardless of whether assets are maintained in the custody of a Foreign Sub-Custodian or a Foreign Securities System, the Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from nationalization, expropriation, currency restrictions, or acts of war or terrorism, or any other loss where the Sub-Custodian has otherwise acted without fraud, negligence or willful misconduct.

Appears in 9 contracts

Samples: Master Custodian Agreement (Calamos ETF Trust), Master Custodian Agreement (Calamos Global Convertible & Dynamic Income Trust), Master Custodian Agreement (Calamos Global Dynamic Income Fund)

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