Liability of the Custodian with Respect to Proper Instructions; Evidence of Authority, Etc Sample Clauses

Liability of the Custodian with Respect to Proper Instructions; Evidence of Authority, Etc. The Custodian shall not be liable for any action taken or omitted in reliance upon proper instructions believed by it to be genuine or upon any other written notice, request, direction, instruction, certificate or other instrument believed by it to be genuine and signed by the proper party or parties. The Secretary or Assistant Secretary of each Fund shall certify to the Custodian the names, signatures and scope of authority of all persons authorized to give proper instructions or any other such notice, request, direction, instruction, certificate or instrument on behalf of the Fund, the names and signatures of the officers of the Fund, the name and address of the Shareholder Servicing Agent, and any resolutions, votes, instructions or directions of the Fund’s Board of Directors or Trustees or shareholders. Such certificate may be accepted and relied upon by the Custodian as conclusive evidence of the facts set forth therein and may be considered in full force and effect until receipt of a similar certificate to the contrary. So long as and to the extent that it is in the exercise of reasonable care, the Custodian shall not be responsible for the title, validity or genuineness of any property or evidence of title, thereto received by it or delivered by it pursuant to this Agreement. The Custodian shall be entitled, at the expense of the appropriate Fund or Funds, to receive and act upon advice of (i) counsel regularly retained by the Custodian in respect of custodian matters, (ii) counsel for such Fund or Funds, or (iii) such other counsel as such Fund or Funds and the Custodian may agree upon, with respect to all matters, and the Custodian shall be without liability for any action reasonably taken or omitted pursuant to such advice.
AutoNDA by SimpleDocs
Liability of the Custodian with Respect to Proper Instructions; Evidence of Authority, Etc. The Custodian shall not be liable for, and shall be indemnified by the Fund for losses or damages incurred or assessed against the Custodian as a result of, any action taken or omitted in reliance upon Proper Instructions or upon any other written notice, request, direction, instruction, certificate or other instrument believed by it to be genuine. The Custodian shall be entitled, at the expense of the Fund, to receive and act upon advice of (a) its own counsel or counsel which it selects, (b) counsel for the Fund, or (c) such other counsel as the Fund and the Custodian may agree upon, with respect to all matters. The Custodian shall be without liability for any action taken or omitted pursuant to such advice.
Liability of the Custodian with Respect to Proper Instructions; Evidence of Authority, Etc. The Custodian shall not be liable for, and shall be indemnified by the Fund for losses or damages incurred or assessed against the Custodian as a result of, any action taken or omitted in reliance upon Proper Instructions or upon any other written notice, request, direction, instruction, certificate or other instrument believed by it to be genuine. The Custodian shall be entitled, at the expense of the Fund, to receive and act upon advice of (a) counsel for the Fund or (b) such other counsel as the Fund and the Custodian may agree upon, with respect to all matters and shall be entitled to reasonable reliance on advice of other counsel. The Custodian shall be without liability for any action taken or omitted in good faith pursuant to such advice; provided however, the Custodian shall exercise reasonable care in the conduct of actions or omissions taken pursuant to such advice.
Liability of the Custodian with Respect to Proper Instructions; Evidence of Authority, Etc. 17 6.2 Liability of the Custodian with Respect to Use of Securities Systems and Foreign Depositories 17 6.3 Standard of Care; Liability; Indemnification 18 6.4 Reimbursement of Disbursements, Etc. 19 6.5 Security for Obligations to Custodian 19 6.6 Appointment of Agents 19 6.7
Liability of the Custodian with Respect to Proper Instructions; Evidence of Authority, Etc the Custodian shall not be liable for, and shall be indemnified by the Fund for losses or damages incurred or assessed against the Custodian as a result of, any action taken or omitted in reliance upon Proper Instructions or upon any other written notice, request, direction, instruction, certificate or other instrument believed by it to be genuine provided that the Custodian shall be responsible for losses, costs or expenses which the Fund incurs as direct result of the Custodian's negligence in carrying out any Proper Instruction. The Custodian shall be entitled to receive and act upon advice of (a) its own counsel or counsel which it selects, (b) counsel for the Fund, or (c) such other counsel as the Fund and the Custodian may agree upon, with respect to all matters. The Custodian shall be without liability for any action taken or omitted pursuant to advice given by counsel previously approved by the Fund.

Related to Liability of the Custodian with Respect to Proper Instructions; Evidence of Authority, Etc

  • Duties of the Custodian with Respect to Property of the Fund Held By the ------------------------------------------------------------------------ Custodian in the United States ------------------------------

  • Duties of Custodian With Respect to the Books of Account and Calculation of Net Asset Value and Net Income..........................................................................................15

  • Liability of the Custodian for Actions of Others (a) Domestic Subcustodians ---------------------- The Custodian shall be liable for the acts or omissions of any Domestic Subcustodian to the same extent as if such actions or omissions were performed by the Custodian itself.

  • Maintenance of Securities and Cash at Bank and Subcustodian Locations Unless Instructions specifically require another location acceptable to the Bank:

  • Liability of the Custodian for Actions of Other Persons The Custodian shall be liable for the actions or omissions of the Delegate or any Eligible Foreign Custodian (excluding any Securities Depository appointed by them) to the same extent as if such actions or omissions were performed by the Custodian itself, except as provided in Section 8 hereunder. In the event of any loss, damage or expense suffered or incurred by the Fund caused by or resulting from the actions or omissions of the Delegate or Eligible Foreign Custodian for which the Custodian would otherwise be liable, the Custodian shall promptly reimburse the Fund in the amount of any such loss, damage or expense.

  • EFFECTIVE DATE AND TERMINATION OF THE CUSTODIAN AS FOREIGN CUSTODY MANAGER The Board's delegation to the Custodian as Foreign Custody Manager of the Portfolios shall be effective as of the date hereof and shall remain in effect until terminated at any time, without penalty, by written notice from the terminating party to the non-terminating party. Termination will become effective thirty (30) days after receipt by the non-terminating party of such notice. The provisions of Section 3.2.2 hereof shall govern the delegation to and termination of the Custodian as Foreign Custody Manager of the Portfolios with respect to designated countries.

  • Responsibility of the Custodian In performing its duties and obligations hereunder, the Custodian shall use reasonable care under the facts and circumstances prevailing in the market where performance is effected. Subject to the specific provisions of this Section, the Custodian shall be liable for any direct damage incurred by the Fund in consequence of the Custodian's negligence, bad faith or willful misconduct. In no event shall the Custodian be liable hereunder for any special, indirect, punitive or consequential damages arising out of, pursuant to or in connection with this Agreement even if the Custodian has been advised of the possibility of such damages. It is agreed that the Custodian shall have no duty to assess the risks inherent in the Fund's Investments or to provide investment advice with respect to such Investments and that the Fund as principal shall bear any risks attendant to particular Investments such as failure of counterparty or issuer.

  • Representations of the Custodian The Custodian hereby represents that it is a depository institution subject to supervision or examination by a federal or state authority, has a combined capital and surplus of at least $15,000,000 and is qualified to do business in the jurisdictions in which it will hold any Mortgage File.

  • Representations and Warranties of the Seller with Respect to the Mortgage Loans The Seller hereby makes the following representations and warranties to the Trustee on behalf of the Certificateholders as of the Closing Date with respect to the Mortgage Loans:

Time is Money Join Law Insider Premium to draft better contracts faster.