Common use of Liability of Foreign Sub-Custodians Clause in Contracts

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s performance of such obligations. At a Fund’s election, the Fund shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 18 contracts

Samples: Master Custodian Agreement (Transamerica Series Trust), Master Custodian Agreement, Master Custodian Agreement (Eaton Vance Floating-Rate 2022 Target Term Trust)

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Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s performance of such obligations. At a the election of each Fund’s election, the such Fund shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has applicable Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 17 contracts

Samples: Master Custodian Contract (Aim Variable Insurance Funds (Invesco Variable Insurance Funds)), Master Custodian Contract (Aim Counselor Series Trust (Invesco Counselor Series Trust)), Master Custodian Contract (Invesco High Income 2024 Target Term Fund)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, shall require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and and, to the extent possible, to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Sub- Custodian’s 's performance of such obligations. At a the Fund’s 's election, the Fund Portfolios shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 17 contracts

Samples: Custodian Contract (Prudential National Municipals Fund Inc), Custodian Contract (Cash Accumulation Trust), Custodian Contract (Prudential Short Term Corporate Bond Fund Inc)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s Custodians performance of such obligations. At a Fund’s the Funds election, the Fund Portfolios shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 16 contracts

Samples: Master Custodian Agreement (Calvert SAGE Fund), Custodian Agreement (Calvert Impact Fund Inc), Master Custodian Agreement (Calvert World Values Fund Inc)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s performance of such obligations. At a Fund’s election, the Fund Portfolios shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian SubCustodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 14 contracts

Samples: Master Custodian Agreement (John Hancock Exchange-Traded Fund Trust), Master Custodian Agreement (John Hancock Collateral Trust), Master Custodian Agreement (John Hancock Funds III)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s performance of such obligations. At a Fundthe Company’s election, the Fund it shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund Company has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 12 contracts

Samples: Custodian Agreement (KKR FS Income Trust Select), Custodian Agreement (KKR FS Income Trust), Custodian Agreement (FS Investment Corp IV)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s performance of such obligations. At a Fundthe Company’s election, the Fund Company shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund Company has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 11 contracts

Samples: Custodian Contract (Phillip Street Middle Market Lending Fund LLC), Master Custodian Agreement (TCG BDC II, Inc.), Master Custodian Contract (Goldman Sachs Private Markets Fund 2018 (B) LLC)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Sub- Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At a the Fund’s 's election, the Fund shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 7 contracts

Samples: Custodian Contract (Scudder Focus Value Plus Growth Fund/), Custodian Contract (Scudder Aggressive Growth Fund), Custodian Contract (Scudder Strategic Income Fund)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At a the Fund’s 's election, the Fund Portfolios shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund applicable Portfolio has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 7 contracts

Samples: Custodian Contract (Currie Martin Business Trust), Custodian Contract (CDC Nvest Funds Trust Ii), Custodian Contract (Preferred Group of Mutual Funds)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At a the Fund’s 's election, the Fund shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 6 contracts

Samples: Custodian Contract (Scudder Total Return Fund), Custodian Contract (Scudder Technology Fund), Custodian Contract (Spectra Fund)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Sub- Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At a the Fund’s 's election, the Fund Portfolios shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 6 contracts

Samples: Custodian Contract (Scudder Investors Trust), Custodian Contract (Scudder Value Series Inc), Custodian Contract (Investment Trust)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Sub- Custodian’s 's performance of such obligations. At a the Fund’s 's election, the Fund Portfolios shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 4 contracts

Samples: Custodian Contract (Liberty Acorn Trust), Custodian Contract (Cigna Funds Group), Custodian Contract (Msd&t Funds Inc)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s performance of such obligations. At a the election of the Fund’s election, the Fund shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 4 contracts

Samples: Custodian Contract (RS Variable Products Trust), Custodian Contract (Aberdeen Australia Equity Fund Inc), Custodian Contract (Blackrock Global Floating Rate Income Trust)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s performance of such obligations. At a the Fund’s election, the Fund shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 3 contracts

Samples: Custodian Agreement (Clough Global Dividend & Income Fund), Custodian Agreement (Clough Global Equity Fund), Custodian Agreement (Principal Real Estate Income Fund)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, shall require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and and, to the extent possible, to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At a the Fund’s 's election, the Fund Portfolios shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 3 contracts

Samples: Custodian Contract (Prudential Tax Free Money Fund Inc), Custodian Contract (Prudential World Fund Inc), Custodian Contract (Prudential Municipal Series Fund)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the die extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s performance of such obligations. At a Fund’s election, the Fund Portfolios shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian Subcustodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 2 contracts

Samples: Master Custodian (John Hancock Trust), Master Custodian (John Hancock Funds II)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s performance of such obligations. At a Fundthe applicable Customer’s election, the Fund Customer shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund Customer has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 2 contracts

Samples: Custodian Contract (West Bay BDC LLC), Custodian Agreement (Goldman Sachs Private Credit Fund LLC)

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Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian State Street employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, State Street, and the Custodian Fund from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At a the Fund’s 's election, the Fund shall be entitled to be subrogated to the rights of the Custodian State Street with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 2 contracts

Samples: Custodian and Investment Accounting Agreement (Pimco High Income Fund), Custodian and Investment Accounting Agreement (Pimco Floating Rate Income Fund)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At a the Fund’s election, the Fund shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Custodian Agreement (Clough Global Opportunities Fund)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, shall require the Foreign Sub-Custodian to exercise reasonable care in the performance of its dutiesduties and, and to indemnifythe extent possible, to indemnify and hold harmless, harmless the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At a the Fund’s 's election, the Fund Portfolios shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Custodian Contract (Western Asset Funds Inc)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s performance of such obligations. At a the election of the Fund’s election, the Fund shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Custodian Contract (Aberdeen Global Income Fund Inc)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Sub- Custodian shall, to the extent possible, require the Foreign Sub-Sub- Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At a the Fund’s 's election, the Fund it shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Custodian Agreement (Alliance National Municipal Income Fund)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian custodian shall, to the extent possible, require the Foreign Sub-Custodian custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s performance of such obligations. At a the election of the Fund’s election, the Fund shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Custodian Contract (Royce Fund)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s performance of such obligations. At a the election of the Fund’s election, the Fund shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.. 57

Appears in 1 contract

Samples: Custodian Contract (RS Variable Products Trust)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At a the Fund’s 's election, the Fund Portfolios shall be entitled to be subrogated to the rights of the We Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Master Custodian Agreement (Ned Davis Research Funds)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At a the election of the Fund’s election, the then Fund shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Custodian Contract (Aberdeen Global Income Fund Inc)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to to. indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At a the election of the Fund’s election, the Fund shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Custodian Contract (Nomura Pacific Basin Fund Inc)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, shall require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and and, to indemnifythe extent possible, to indemnify and hold harmless, harmless the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s performance of such obligations. At a Fund’s election, the Fund Portfolios shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Master Custodian Agreement (DWS Dreman Value IncomEdge Fund, Inc.)

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