Liability of Foreign Sub. Custodians and Foreign Securities ---------------------------------------------------------- Systems. Each agreement pursuant to which the Custodian employs as 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 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 the Fund's election, the 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 Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.
Appears in 3 contracts
Samples: Custodian Agreement (Sun Capital Advisers Trust), Custodian Agreement (Sun Capital Advisers Trust), Custodian Agreement (Security Capital U S Real Estate Shares Inc)
Liability of Foreign Sub. Custodians and Foreign Securities ---------------------------------------------------------- Systems. Each agreement pursuant to which the Custodian employs as a Foreign ------- Sub-Custodian shall, to the extent possiblepossible in a foreign market, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties and, to the extent possiblepossible in a foreign market, 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 performance of such obligations. At the Fund's election, the The 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 Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.
Appears in 2 contracts
Samples: Custodian Agreement (Security Capital U S Real Estate Shares Inc), Custodian Agreement (Security Capital U S Real Estate Shares Inc)
Liability of Foreign Sub. Custodians and Foreign Securities ---------------------------------------------------------- Systems. Each agreement pursuant to which the Custodian employs as 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 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 the Fund's election, the Portfolios 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 Portfolios have Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.
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Liability of Foreign Sub. Custodians and Foreign Securities ---------------------------------------------------------- Systems. Each agreement pursuant to which the Custodian employs as a Foreign Sub- ------- Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties 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 the Fund's election, the 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 Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.
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