Common use of New Countries Clause in Contracts

New Countries. The Fund shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a subcustodial arrangement in accordance herewith. In the event, the Custodian is unable to establish such arrangements prior to the time the investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of the local safekeeping agent shall be at the sole risk of the Fund, and accordingly the Custodian shall be responsible to the Fund for the actions of such agent if and only to the extent the Custodian shall have recovered from such agent for any damages caused the Fund by such agent.

Appears in 66 contracts

Sources: Administrative Agency Agreement (2023 ETF Series Trust), Custodian Agreement (2023 ETF Series Trust), Custodian Agreement (Crossmark ETF Trust)

New Countries. The Fund shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a subcustodial arrangement in accordance herewith. In the event, however, the Custodian is unable to establish such arrangements prior to the time the such investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of the such local safekeeping agent shall be at the sole risk of the Fund, and accordingly the Custodian shall be responsible to the Fund for the actions of such agent if and only to the extent the Custodian shall have recovered from such agent for any damages caused the Fund by such agent.

Appears in 37 contracts

Sources: Custodian Agreement (HL Scope RIC LLC), Custodian Agreement (World Funds Trust), Custodian Agreement (Shelton Greater China Fund)

New Countries. The Fund shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a subcustodial arrangement in accordance herewith. In the event, event the Custodian is unable to establish such arrangements prior to the time the investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of the local safekeeping agent shall be at the sole risk of the Fund, and accordingly the Custodian shall be responsible to the Fund for the actions of such agent if and only to the extent the Custodian shall have recovered from such agent for any damages caused the Fund by such agent.

Appears in 24 contracts

Sources: Custodian and Transfer Agent Agreement (Rayliant Funds Trust), Custodian and Transfer Agent Agreement (Symmetry Panoramic Trust), Custodian and Transfer Agent Agreement (Exchange Place Advisors Trust)

New Countries. The Fund shall be responsible for informing the Custodian sufficiently in advance of a proposed investment Investment which is to be held in a country in which no Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a subcustodial arrangement in accordance herewith. In the event, however, the Custodian is unable to establish such arrangements prior to the time the investment such Investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of the such local safekeeping agent with respect to such Investment shall be at the sole risk of the Fund, and accordingly the Custodian shall be responsible to the Fund for the actions of such agent if and only to the extent the Custodian shall have recovered from such agent for any damages caused the Fund by such agent.

Appears in 18 contracts

Sources: Custodian Agreement (Lexington International Fund Inc), Custodian Agreement (Lexington Silver Fund Inc), Custody Agreement (Pilgrim Mutual Funds)

New Countries. The Fund shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a subcustodial arrangement in accordance herewith. In the event, event the Custodian is unable to establish such arrangements prior to the time the investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of the local safekeeping agent shall be at the sole risk of the Fund, and accordingly the Custodian shall be responsible to the Fund for the actions of such agent if and only to the extent the Custodian shall have recovered from such agent for any damages caused the Fund by such agent. .

Appears in 15 contracts

Sources: Custodian and Transfer Agent Agreement (Advisors' Inner Circle Fund), Custodian and Transfer Agent Agreement (Advisors' Inner Circle Fund), Custodian and Transfer Agent Agreement (Advisors' Inner Circle Fund II)

New Countries. The Fund shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient a reasonable amount of time to establish a subcustodial arrangement in accordance herewith. In the event, the Custodian is unable to establish such arrangements prior to the time the investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of the local safekeeping agent shall be at the sole risk of the Fund, and accordingly the Custodian shall be responsible to the Fund for the actions of such agent if and only to the extent the Custodian shall have recovered from such agent for any damages caused the Fund by such agent.

Appears in 4 contracts

Sources: Custodian Agreement (Mutual of America Investment Corp), Custodian Agreement (Mutual of America Variable Insurance Portfolios, Inc.), Custodian Agreement (Mutual of America Institutional Funds Inc)

New Countries. The A Fund shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a subcustodial arrangement in accordance herewith. In the event, however, the Custodian is unable to establish such arrangements prior to the time the such investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of the such local safekeeping agent shall be at the sole risk of the Fund, and accordingly the Custodian shall be responsible to the Fund for the actions of such agent if and only to the extent the Custodian shall have recovered from such agent for any damages caused the Fund by such agent.

Appears in 4 contracts

Sources: Custodian Agreement, Custodian Agreement, Custodian Agreement (ProShares Trust II)

New Countries. The Each Fund shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a subcustodial arrangement in accordance herewith. In the event, the Custodian is unable to establish such arrangements prior to the time the investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of the local safekeeping agent shall be at the sole risk of the Fund, and accordingly the Custodian shall be responsible to the Fund for the actions of such agent if and only to the extent the Custodian shall have recovered from such agent for any damages caused the Fund by such agent.

Appears in 3 contracts

Sources: Custodian Agreement (Two Roads Shared Trust), Custodian Agreement (Northern Lights Fund Trust), Custodian Agreement (Capitol Series Trust)

New Countries. The Fund shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a subcustodial arrangement in accordance herewith. In the event, the Custodian is unable to establish such arrangements prior to the time the investment is to be acquired, the Custodian is authorized to act upon an Instruction to designate at its discretion a local safekeeping agent, and the use of the local safekeeping agent shall be at the sole risk of the Fund, and accordingly the Custodian shall be responsible to the Fund for the actions of such agent if and only to the extent the Custodian shall have recovered from such agent for any damages caused the Fund by such agent.

Appears in 3 contracts

Sources: Custodian Agreement (Alger ETF Trust), Custodian Agreement (Alger Institutional Funds), Custodian Agreement (Alger China-Us Growth Fund)

New Countries. The Fund shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a subcustodial arrangement in accordance herewith. In the event, If the Custodian is unable to establish such arrangements prior to the time the investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of the local safekeeping agent shall be at the sole risk of the Fund, and accordingly the Custodian shall be responsible to the Fund for the actions of such agent if and only to the extent the Custodian shall have recovered from such agent for any damages caused the Fund by such agent.

Appears in 2 contracts

Sources: Custodian Agreement (New Age Alpha Variable Funds Trust), Custodian Agreement (New Age Alpha Funds Trust)

New Countries. The Fund Trust shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a subcustodial arrangement in accordance herewith. In the event, the Custodian is unable to establish such arrangements prior to the time the investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of the local safekeeping agent shall be at the sole risk of the Fund, and accordingly the Custodian shall be responsible to the Fund for the actions of such agent if and only to the extent the Custodian shall have recovered from such agent for any damages caused the Fund by such agent.

Appears in 1 contract

Sources: Custodian Agreement (Quaker Investment Trust)

New Countries. The Each Fund shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time lime to establish a subcustodial arrangement in accordance herewith. In the event, the Custodian is unable to establish such arrangements prior to the time the investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of the local safekeeping agent shall be at the sole risk of the each Fund, and accordingly the Custodian shall be responsible to the Fund for the actions of such agent if and only to the extent the Custodian shall have recovered from such agent for any damages caused the Fund by such agent.

Appears in 1 contract

Sources: Custodian Agreement (Riverpark Funds Trust)

New Countries. The Fund shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Subcustodian Sub-custodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a subcustodial sub-custodial arrangement in accordance herewith. In the event, event the Custodian is unable to establish such arrangements prior to the time the investment Investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agentAgent, and the use of the such local safekeeping agent Agent shall be at the sole risk of the Fund, and accordingly the Custodian shall be responsible to the Fund for the actions of such agent the Agent if and only to the extent the Custodian shall have recovered from such agent the Agent for any damages caused the Fund by such agentthe Agent.

Appears in 1 contract

Sources: Custody Agreement (Z Seven Fund Inc)

New Countries. The Fund Investment Manager shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a subcustodial arrangement in accordance herewith. In the event, however, the Custodian is unable to establish such arrangements prior to the time the such investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of the such local safekeeping agent shall be at the sole risk of the FundPortfolio, and accordingly the Custodian shall be responsible to the Fund for the actions of such agent if and only to the extent the Custodian shall have recovered from such agent for any damages caused the Fund Portfolio by such agent.

Appears in 1 contract

Sources: Custodian Agreement (Dow Jones Islamic Market Index Portfolio)

New Countries. The Fund shall be responsible for informing the Custodian sufficiently in advance of a proposed investment Investment which is to be held in a country in which no Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a subcustodial arrangement in accordance herewith. In the event, however, the Custodian is unable to establish such arrangements prior to the time the investment such Investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of the such local safekeeping agent with respect to such Investment shall be at the sole risk of the Fund, and accordingly the Custodian shall be responsible to the Fund for the actions of such agent if and only to the extent the Custodian shall have recovered from such agent for any damages caused the Fund by such agent.be

Appears in 1 contract

Sources: Custodian Agreement (Ing Funds Trust)

New Countries. The Fund shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a subcustodial arrangement in accordance herewith. In the event, the Custodian is unable to establish such arrangements prior to the time the investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of the local safekeeping agent shall be at beat the sole risk of the Fund, and accordingly the Custodian shall be responsible to the Fund for the actions of such agent if and only to the extent the Custodian shall have recovered from such agent for any damages caused the Fund by such agent.

Appears in 1 contract

Sources: Custodian Agreement (Javelin Exchange-Traded Trust)

New Countries. The Fund shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a subcustodial arrangement in accordance herewith. In the event, however, the Custodian is unable to establish such arrangements prior to the time the investment such Investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of the such local safekeeping agent shall be at the sole risk of the Fund, and accordingly the Custodian shall be responsible to the Fund for the actions of such agent if and only to the extent the Custodian shall have recovered from such agent for any damages caused the Fund by such agent.38362-4 4/26/2017

Appears in 1 contract

Sources: Custodian Agreement (Vanguard Index Funds)