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 require the Foreign Sub-Custodian to exercise reasonable care, based on the standards applicable to custodians in the relevant market, 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 the Fund’s election, the Funds 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 Funds have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 31 contracts

Samples: Custodian Contract, Custodian Contract (Morgan Stanley Institutional Fund Trust), Custodian Contract (Morgan Stanley Institutional Fund Inc)

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Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian Custodian, acting solely in its capacity as custodian, employs a Foreign Sub-Custodian shall shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care, based on the standards applicable to custodians in the relevant market, 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 the a Fund’s 's election, the Funds Portfolios shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub- Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Funds Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 21 contracts

Samples: Funds Transfer Agreement (Invesco Variable Investment Funds Inc), Master Custodian Agreement (Invesco Variable Investment Funds Inc), Funds Transfer Agreement (Invesco Money Market Funds Inc)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall require the Foreign Sub-Custodian to exercise reasonable care, based on the standards applicable to custodians in the relevant market, 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 the Fund’s election, the Funds shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub- Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Funds have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 19 contracts

Samples: Custodian Contract (Morgan Stanley Institutional Fund Inc), Custodian Contract (Morgan Stanley Institutional Fund Inc), Custodian Contract (Morgan Stanley Institutional Fund Inc)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian Custodian, acting solely in its capacity as custodian, employs a Foreign Sub-Custodian shall require the Foreign Sub-Custodian to exercise reasonable care, based on the standards applicable to custodians in the relevant market, 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 the Fund’s 's election, the Funds Portfolios shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub- Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Funds Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 7 contracts

Samples: Custodian Contract (Legg Mason Tax Exempt Trust Inc), Custodian Contract (Legg Mason Investors Trust Inc), Custodian Contract (Legg Mason Charles Street Trust Inc)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care, based on the standards applicable to custodians in the relevant market, care in the performance of its duties, and shall require the Foreign Sub-Custodian 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 the Fund’s election, the Funds Portfolios shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub- Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Funds Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 3 contracts

Samples: Custodian Contract (Clayton Street Trust), Custodian Contract (Janus Aspen Series), Custodian Contract (Janus Investment Fund)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall require the Foreign Sub-Custodian to exercise reasonable care, based on the standards applicable to custodians in the relevant market, 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 the Fund’s 's election, the Funds shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub- Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Funds have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 2 contracts

Samples: Custodian Contract (Morgan Stanley Series Funds), Custodian Contract (Morgan Stanley Balanced Fund)

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Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian Custodian, acting solely in its capacity as custodian, employs a Foreign Sub-Custodian shall require the Foreign Sub-Custodian to exercise reasonable care, based on the standards applicable to custodians in the relevant market, 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 performance of such obligations. At the Fund’s election, the Funds Portfolios shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub- Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Funds Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Custodian Contract (Legg Mason Charles Street Trust Inc)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian Custodian, acting solely in its capacity as custodian, employs a Foreign Sub-Custodian shall shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care, based on the standards applicable to custodians in the relevant market, 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 the Fund’s election, the Funds Portfolios shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub- Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Funds Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.. Section 4.11

Appears in 1 contract

Samples: Custodian Agreement (Legg Mason Global Asset Management Trust)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian Custodian, acting solely in its capacity as custodian, employs a Foreign Sub-Custodian shall require the Foreign Sub-Custodian to exercise reasonable care, based on the standards applicable to custodians in the relevant market, 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 performance of such obligations. At the FundTrust’s election, the Funds Portfolios shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub- Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Funds Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Samples: Custodian Contract (Legg Mason Investment Trust)

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