Common use of Liability of Foreign Subcustodians Clause in Contracts

Liability of Foreign Subcustodians. Each agreement pursuant to which State Street employs a foreign banking institution as a Foreign Subcustodian shall require the institution to exercise reasonable care in the performance of its duties and to indemnify, and hold harmless, State Street and Fund from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the institution's performance of such obligations. At the election of the Fund, it shall be entitled to be subrogated to the rights of State Street with respect to any claims against a foreign banking institution as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

Liability of Foreign Subcustodians. Each agreement pursuant to which State Street employs a foreign banking institution as a Foreign Subcustodian shall require the institution to exercise reasonable care in the performance of its duties and to indemnify, and hold harmless, State Street and the Fund from and against any loss, damage, cost, expense, liability or claim arising out of of, or in connection with with, the institution's performance of such obligations. At the election of the Fund, it shall be entitled to be subrogated to the rights of State Street with respect to any claims against a foreign banking institution as a consequence of any such loss, damage, cost, expense, liability or claim if if, and to the extent that that, the Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

Liability of Foreign Subcustodians. Each agreement pursuant to which State Street employs a foreign banking institution as a Foreign Subcustodian shall require the institution to exercise reasonable care in the performance of its duties and to indemnify, and hold harmless, State Street Street, the Trust and each Fund from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the institution's performance of such obligations. At the election of the FundTrust, it shall be entitled to be subrogated to the rights of State Street with respect to any claims against a foreign banking institution as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has Trust or its Funds have not been made whole for any such loss, damage, cost, expense, liability or claim.

Liability of Foreign Subcustodians. Each agreement pursuant to which State Street employs a foreign banking institution as a Foreign Subcustodian foreign sub-custodian shall require the institution to exercise reasonable care in the performance of its duties as determined under Massachusetts law and to indemnify, and hold harmless, State Street and Fund from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the institution's institutions performance of such obligations. At the election of the Fund, it shall be entitled to be subrogated to the rights of State Street with respect to any claims against a foreign banking institution as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

Liability of Foreign Subcustodians. Each agreement pursuant to which State Street employs a foreign banking institution as a Foreign Subcustodian shall require the institution to exercise reasonable care in the performance of its duties and to indemnify, indemnify and hold harmless, harmless State Street and the Fund from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the institution's performance of such obligations. At the election of the Fund, it shall be entitled to be subrogated to the rights of State Street with respect to any claims against a foreign banking institution as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

Liability of Foreign Subcustodians. Each agreement pursuant to which State Street employs a foreign banking institution as a Foreign Subcustodian shall require the institution to exercise reasonable care in the performance of its duties and to indemnify, and hold harmless, State Street and Fund from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the institution's institutions performance of such obligations. At the election of the Fund, it shall be entitled to be subrogated to the rights of State Street with respect to any claims against a foreign banking institution as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that the Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.