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

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints 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 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 the Fund’s election, the Portfolios shall be entitled to be subrogated to the rights of 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 Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 39 contracts

Samples: Custodian and Investment Accounting Agreement (Lord Abbett Credit Opportunities Fund), Custodian and Investment Accounting Agreement (Lord Abbett Us Gov & Gov Sponsored Enterpr Money Market Fund), Custodian and Investment Accounting Agreement (Lord Abbett Investment Trust)

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Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints 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, State Street 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 the a Fund’s 's election, the Portfolios shall be entitled to be subrogated to the rights of State Street 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 Portfolios have has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 21 contracts

Samples: Master Custodian Agreement (Scudder Cash Investment Trust), Master Custodian Agreement (Scudder Money Market Trust), Master Custodian Agreement (Bt Investment Funds)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints 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 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 the Fund’s 's election, the Portfolios shall be entitled to be subrogated to the rights of 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 Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 21 contracts

Samples: Custodian Agreement (Dividend & Income Fund, Inc.), Custodian Agreement (Gold Prospector Funds), Custodian and Investment Accounting Agreement (Aetna Variable Portfolios Inc)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints 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, State Street 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 the Fund’s Funds election, the Portfolios shall be entitled to be subrogated to the rights of State Street 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 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), Master Custodian Agreement (Calvert Social Investment Fund), Master Custodian Agreement (Calvert SAGE Fund)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints 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 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 the Fund’s 's election, the Portfolios shall be entitled to be subrogated to the rights of 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 Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 14 contracts

Samples: Custodian Agreement (Dividend Capital Realty Income Allocation Fund), Custodian Agreement (Security Equity Fund), Custodian Agreement (Security Equity Fund)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints 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 to indemnify, and hold harmless, State Street 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 the a Fund’s election, the Portfolios shall be entitled to be subrogated to the rights of State Street 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 Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 9 contracts

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

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints 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 to indemnify, and hold harmless, State Street 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 the Fund’s Client's election, the Portfolios Client shall be entitled to be subrogated to the rights of State Street 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 Portfolios Client have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 4 contracts

Samples: Custody Agreement (Lincoln National Equity Income Fund Inc), Custody Agreement (Lincoln National Capital Appreciation Fund Inc), Custody Agreement (Lincoln National Aggressive Growth Fund Inc)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints 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 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 the Fund’s election, the Portfolios shall be entitled to be subrogated to the rights of 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 Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 4 contracts

Samples: Custodian and Investment Accounting Agreement (Voya FUNDS TRUST), Custodian and Investment Accounting Agreement (Ing Funds Trust), Custodian and Investment Accounting Agreement (Wells Fargo Variable Trust)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints employs a Foreign Sub-Custodian shallwill, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, duties and to indemnify, and hold harmless, State Street 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 obligationsduties. At the Fund’s electionelection of PIMCO, the Portfolios shall each Portfolio will be entitled to be subrogated to the rights of 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 if, and to the extent that the Portfolios have that, such Portfolio has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 2 contracts

Samples: Custody and Investment Accounting Agreement (PIMCO Equity Series), Custody and Investment Accounting Agreement (PIMCO ETF Trust)

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Liability of Foreign Sub-Custodians. Each agreement pursuant ----------------------------------- to which State Street appoints 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 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 the Fund’s 's election, the Portfolios shall be entitled to be subrogated to the rights of 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 Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Custodian Agreement (Levco Series Trust)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints 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, State Street 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 the Fund’s 's election, the Portfolios shall be entitled to be subrogated to the rights of State Street 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 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 State Street appoints 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, State Street 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 the Fund’s 's election, the Portfolios shall be entitled to be subrogated to the rights of 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 Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Custody Agreement (Firsthand Funds)

Liability of Foreign Sub-Custodians. Each agreement pursuant ----------------------------------- to which State Street appoints 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 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 the Fund’s 's election, the Portfolios shall be entitled to be subrogated to the rights of 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 Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Custodian, Investment Accounting and Remote Access Agreement (Strong Common Stock Fund Inc)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints 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 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 the Fund’s election, the Portfolios shall be entitled to be subrogated to the rights of 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 Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Custody, Investment Accounting and Data Access Agreement (Homestead Funds Inc)

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