Common use of LIABILITY OF SUB-CUSTODIAN Clause in Contracts

LIABILITY OF SUB-CUSTODIAN. The Sub-Custodian shall be liable for the acts or omissions of a foreign banking institution to the same extent as set forth with respect to sub-sub-custodians generally in this Contract and, regardless of whether assets are maintained in the custody of a foreign banking institution, a foreign securities depository or a branch of a U.S. bank as contemplated by paragraph 3.13 hereof, the Sub-Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from nationalization, expropriation, currency restrictions, or acts of war or terrorism or any loss where the sub-sub-custodian has otherwise exercised reasonable care. Notwithstanding the foregoing provisions of this paragraph 3.10, in delegating custody duties to State Street London Ltd., the Sub-Custodian shall not be relieved of any responsibility to the Fund for any loss due to such delegation, except such loss as may result from (a) political risk (including, but not limited to, exchange control restrictions, confiscation, expropriation, nationalization, insurrection, civil strife or armed hostilities) or (b) other losses (excluding a bankruptcy or insolvency of State Street London Ltd. not caused by political risk) due to Acts of God, nuclear incident or other losses under circumstances where the Sub-Custodian and State Street London Ltd. have exercised reasonable care.

Appears in 3 contracts

Samples: Sub Custodian Contract (Munder Funds Inc), Sub Custodian Contract (St Clair Funds Inc), Sub Custodian Contract (St Clair Funds Inc)

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LIABILITY OF SUB-CUSTODIAN. The Sub-Custodian shall be liable for the acts or omissions of a foreign banking institution to the same extent as set forth with respect to sub-sub-custodians subcustodians generally in this Contract and, regardless of whether assets are maintained in the custody of a foreign banking institution, a foreign securities depository or a branch of a U.S. bank as contemplated by paragraph 3.13 3.12 hereof, the Sub-Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from nationalization, expropriation, currency restrictions, or acts of war or terrorism or any loss where the sub-sub-custodian subcustodian has otherwise exercised reasonable care. Notwithstanding the foregoing provisions of this paragraph 3.103.9, in delegating custody duties to State Street London Ltd., the Sub-Custodian shall not be relieved of any responsibility to the Corporation and/or the Fund for any loss due to such delegation, except such loss as may result from (a) political risk (including, but not limited to, exchange control restrictions, confiscation, expropriation, nationalization, insurrection, civil strife or armed hostilities) or (b) other losses (excluding a bankruptcy or insolvency of State Street London Ltd. not caused by political risk) due to Acts of God, nuclear incident or other losses under circumstances where the Sub-Custodian and State Street London Ltd. have exercised reasonable care.

Appears in 1 contract

Samples: Marshall Funds Inc

LIABILITY OF SUB-CUSTODIAN. The Sub-Custodian shall be liable for the -------------------------- acts or omissions of a foreign banking institution to the same extent as set forth with respect to sub-sub-custodians generally in this Contract and, regardless of whether assets are maintained in the custody of a foreign banking institution, a foreign securities depository or a branch of a U.S. bank as contemplated by paragraph 3.13 hereof, the Sub-Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from nationalization, expropriation, currency restrictions, or acts of war or terrorism or any loss where the sub-sub-custodian has otherwise exercised reasonable care. Notwithstanding the foregoing provisions of this paragraph 3.10, in delegating custody duties to State Street London Ltd., the Sub-Custodian shall not be relieved of any responsibility to the Fund for any loss due to such delegation, except such loss as may result from (a) political risk (including, but not limited to, exchange control restrictions, confiscation, expropriation, nationalization, insurrection, civil strife or armed hostilities) or (b) other losses (excluding a bankruptcy or insolvency of State Street London Ltd. not caused by political risk) due to Acts of God, nuclear incident or other losses under circumstances where the Sub-Custodian and State Street London Ltd. have exercised reasonable care.

Appears in 1 contract

Samples: Sub Custodian Contract (Munder Funds Trust)

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LIABILITY OF SUB-CUSTODIAN. The Sub-Custodian shall be liable for the acts or omissions of a foreign banking institution to the same extent as set forth with respect to sub-sub-custodians generally in this Contract and, regardless of whether assets are maintained in the custody of a foreign banking institution, a foreign securities depository or a branch of a U.S. bank as contemplated by paragraph 3.13 hereof, the Sub-Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from nationalization, expropriation, currency restrictions, or acts of war or terrorism or any loss where the sub-sub-custodian has otherwise exercised reasonable care. Notwithstanding the foregoing provisions of this paragraph 3.10, in delegating custody duties to State Street London Ltd., the Sub-Custodian shall not be relieved of any responsibility to the Fund for any loss due to such delegation, except such loss as may result from (a) political risk (including, but not limited to, exchange control restrictions, confiscation, expropriation, nationalization, insurrection, civil strife or armed hostilities) or (b) other losses (excluding a bankruptcy or insolvency of State Street London Ltd. not caused by political risk) due to Acts of God, nuclear incident or other losses under circumstances where the Sub-Custodian and State Street London Ltd. have exercised reasonable care.

Appears in 1 contract

Samples: Sub Custodian Contract (Munder Framlington Funds Trust)

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