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 Foreign 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 such investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of 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. The foregoing sentence does not apply where the Custodian is acting as the Fund’s Foreign Custody Manager pursuant to a separate Foreign Custody Manager Delegation Agreement between the Custodian and the Fund.

Appears in 3 contracts

Samples: Custodian Agreement (Schwab Capital Trust), Custodian Agreement (Schwab Annuity Portfolios), Custodian Agreement (Schwab Investments)

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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 Foreign 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 such investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of 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. The foregoing sentence does not apply where the Custodian is acting as the Fund’s 's Foreign Custody Manager pursuant to a separate Foreign Custody Manager Delegation Agreement between the Custodian and the Fund.

Appears in 3 contracts

Samples: Custodian Agreement (Schwab Annuity Portfolios), Custodian Agreement (Schwab Annuity Portfolios), Custodian Agreement (Schwab Capital Trust)

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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 Foreign 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 such the investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of such 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. The foregoing sentence does Custodian shall provide the Fund prompt notice if it receives Instruction with respect to an Investment to be settled in a country for which a Subcustodian has not apply where the Custodian is acting as the Fund’s Foreign Custody Manager pursuant to a separate Foreign Custody Manager Delegation Agreement between the Custodian and the Fundbeen appointed.

Appears in 1 contract

Samples: Custodian Agreement (Burnham Investors Trust)

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