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 in the performance of its duties, based on the standards applicable to custodians in the relevant market, 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 performance of such obligations. At a 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.

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 in the performance of its duties, based on the standards applicable to custodians in the relevant market, duties and, to the extent possible, to indemnify, 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 election of the Fund’s election, the Funds 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 Funds 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 the Custodian employs a Foreign Sub-Custodian shall require the Foreign Sub-Custodian such institution to exercise reasonable care in the performance of its duties, based on the standards applicable duties and (i) to custodians in the relevant market, and, to the extent possible, to indemnify, indemnify and hold harmless, harmless the Custodian and each Fund and its Portfolios 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 obligationsobligations and (ii) provide adequate insurance in the event of a loss of a Portfolio's assets. At the election of the Fund, a Fund’s election, the Funds Portfolio shall be entitled to be subrogated to the rights of the Custodian with respect to any claims claim against a Foreign Sub-Sub Custodian as a consequence of any such loss, damage, cost, expense, liability or claim claim, if and to the extent that the Funds have a Portfolio 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 the Custodian or its Sub-custodian employs a foreign banking institution as a Foreign Sub-Custodian custodian shall require the Foreign Sub-Custodian institution to exercise a reasonable standard of care as is customary in such country in the performance of its duties, based on the standards applicable to custodians in the relevant market, and, to the extent possible, duties and to indemnify, and hold harmless, the Custodian from and any Sub-custodian for the benefit of the Fund for and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s institution's performance of such obligations. At a the election of the Fund’s election, the Funds it 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 Funds 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 the Custodian employs a Foreign Sub-Custodian custodian shall require the Foreign Sub-Custodian custodian to exercise reasonable care in the performance of its duties, based on duties in accordance with the standards applicable to custodians in of the relevant marketmarket where the service is provided, and, to the extent possible, 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 custodian's performance of such obligations. At a 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-Custodian 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.

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 in the performance of its duties, based on the standards applicable to custodians in the relevant market, and, to the extent possible, Exhibit (g)(1) - Custodian Agreement 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 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-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.

Liability of Foreign Sub-Custodians. Each agreement pursuant to which the Custodian employs a Foreign Subforeign banking institution as a foreign sub-Custodian custodian shall require the Foreign Sub-Custodian institution to exercise reasonable care in the performance of its duties, based on the standards applicable to custodians in the relevant market, and, to the extent possible, duties and to indemnify, and hold harmless, the Custodian and Custodian's customers from and against any loss, damage, cost, expense, liability or claim arising out of such sub-custodian's negligence, fraud, bad faith, willful misconduct or in connection with the Foreign Sub-Custodian’s performance reckless disregard of such obligationsits duties. At a Fund’s electionthe election of the Company, the Funds it shall be entitled to be subrogated to the rights right of the Custodian with respect to any claims against a Foreign Sub-Custodian foreign banking institution as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Funds have Portfolio 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 the Custodian or its Sub-custodian employs a foreign banking institution as a Foreign Sub-Custodian custodian shall require the Foreign Sub-Custodian institution to exercise a reasonable standard of care as is customary in such country in the performance of its duties, based on the standards applicable to custodians in the relevant market, and, to the extent possible, duties and to indemnify, and hold harmless, the Custodian from and any Sub-custodian for the benefit of the Trust for and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s institution's performance of such obligations. At a Fund’s electionthe election of the Trust, the Funds it 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 Funds have Trust has not been made whole for any such loss, damage, cost, expense, liability or claim.