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 A-13 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.

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 Street, and the Fund from and against any loss, damage, cost, expense, liability or claim arising out A-13 of or in connection with the Foreign Sub-Custodian’s performance of such obligations. At the Fund’s election, the Portfolios Fund 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 Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

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 Street, and each Fund and Portfolio from and against any loss, damage, cost, expense, liability or claim arising out A-13 of or in connection with the Foreign Sub-Custodian’s performance of such obligations. At the a Fund’s election, the Fund’s 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 Fund and any applicable Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

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 Street, and the Trust from and against any loss, damage, cost, expense, liability or claim arising out A-13 of or in connection with the Foreign Sub-Custodian’s performance of such obligations. At the FundTrust’s election, the Portfolios Trust 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 Trust has not been made whole for any such loss, damage, cost, expense, liability or claim.

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 A-13 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.

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 Street, and PVIT and each Portfolio from and against any loss, damage, cost, expense, liability or claim arising out A-13 of or in connection with the Foreign Sub-Custodian’s performance of such obligations. At the FundPVIT’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 PVIT and any applicable Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

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 Street, and the Fund from and against any loss, damage, cost, expense, liability or claim arising out A-13 of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At the Fund’s 's election, the Portfolios Fund 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 Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

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 A-13 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.

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 Street, and the Fund from and against any loss, damage, cost, expense, liability or claim arising out A-13 of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At the Fund’s 's election, the Portfolios Fund 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 Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

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 Street, and the Fund and the Portfolio from and against any loss, damage, cost, expense, liability or claim arising out A-13 of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At the Fund’s 's election, the Portfolios Portfolio 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 Fund and the Portfolio have not been made whole for any such loss, damage, cost, expense, liability or claim.

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints Street, acting solely in its capacity as 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 from and against any loss, damage, cost, expense, liability or claim arising out A-13 of or in connection with the Foreign Sub-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.

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 Subcustodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, State Street Street, and the Fund from and against any loss, damage, cost, expense, liability or claim arising out A-13 of or in connection with the Foreign Sub-Custodian’s performance of such obligations. At the Fund’s election, the Portfolios Fund 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 Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.. SECTION 5.11