Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's declaration of trust, certificate of incorporation or by-laws, Applicable Law, or actions by the trustees, directors or shareholders of the Fund. If the Custodian or Subcustodian is aware of any of the above, it shall promptly contact an officer of the Fund.
Appears in 56 contracts
Samples: Custodian Agreement (Vanguard Specialized Funds), Custodian Agreement (Vanguard World Fund), Custodian Agreement (Vanguard Variable Insurance Funds)
Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's declaration of trust, certificate of incorporation or by-laws, Applicable Law, or actions by the trustees, directors or shareholders of the Fund. If the Custodian or Subcustodian is aware of any of the above, it shall promptly contact an officer of the Fund.
Appears in 33 contracts
Samples: Custodian Agreement (Schwab Annuity Portfolios), Custodian Agreement (Deutsche Asset Management Vit Funds), Custodian Agreement (Bear Stearns Funds)
Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's ’s declaration of trust, certificate of incorporation or by-lawslaws or other constitutive document, Applicable Law, or actions by the trustees, directors or shareholders of the Fund. If the Custodian or Subcustodian is aware of any of the above, it shall promptly contact an officer of the Fund.
Appears in 31 contracts
Samples: Custodian Agreement (Mutual of America Investment Corp), Custodian Agreement (Alger ETF Trust), Custodian Agreement (Mutual of America Variable Insurance Portfolios, Inc.)
Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's ’s declaration of trust, certificate of incorporation or by-laws, Applicable Law, or actions by the trustees, directors or shareholders of the Fund. If the Custodian or Subcustodian is aware of any of the above, it shall promptly contact an officer of the Fund.
Appears in 21 contracts
Samples: Custodian Agreement, Custodian Agreement, Custodian Agreement (World Funds Trust)
Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's declaration of trusttrust instrument, certificate of incorporation trust or by-laws, Applicable Law, or actions by the trustees, directors or shareholders of the Fund. If the Custodian or Subcustodian is aware of any of the above, it shall promptly contact an officer of the Fund.
Appears in 14 contracts
Samples: Custodian Agreement (Investment Managers Series Trust II), Custodian Agreement (Investment Managers Series Trust II), Custodian and Transfer Agent Agreement (Unified Series Trust)
Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's declaration of trust’s or the General Partner’s limited partnership agreement, certificate of incorporation or by-laws, Applicable Law, or actions by the trustees, directors or shareholders unitholders of the Fund. If Fund or the Custodian or Subcustodian is aware of any of the above, it shall promptly contact an officer of the FundGeneral Partner.
Appears in 14 contracts
Samples: Custodian Agreement (United States 12 Month Natural Gas Fund, LP), Custodian Agreement (United States Brent Oil Fund, LP), Custodian Agreement (United States Natural Gas Fund, LP)
Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's declaration of trusttrust instrument, certificate of incorporation trust or by-lawslaws or other constitutive documents, Applicable Law, or actions by the trustees, directors or shareholders of the Fund. If the Custodian or Subcustodian is aware of any of the above, it shall promptly contact an officer of the Fund.
Appears in 8 contracts
Samples: 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)
Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's declaration of trust’s trust instrument, certificate of incorporation trust or by-laws, Applicable Law, or actions by the trustees, directors or shareholders of the Fund. If the Custodian or Subcustodian is aware of any of the above, it shall promptly contact an officer of the Fund.
Appears in 3 contracts
Samples: Custodian and Transfer Agent Agreement (Metaurus Equity Component Trust), Custodian and Transfer Agent Agreement (Metaurus Equity Component Trust), Custodian and Transfer Agent Agreement (Cambria ETF Trust)
Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's ’s declaration of trust, certificate of incorporation or by-lawslaws or other constitutive document, Applicable Law, or actions by the trustees, directors or shareholders of the Fund. If the Custodian or Subcustodian is aware has actual knowledge of any of a conflict with the aboveforgoing, it shall promptly contact inform an officer of the Fund.
Appears in 2 contracts
Samples: Custodian Agreement (PowerShares India Exchange-Traded Fund Trust), Custodian Agreement (PowerShares India Exchange-Traded Fund Trust)
Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's declaration of trust, certificate of incorporation trust or by-laws, Applicable Law, or actions by the trustees, directors Board of Trustees or shareholders of the Fund. If the Custodian or Subcustodian is aware of any of the above, it shall promptly contact an officer of the Fund.
Appears in 2 contracts
Samples: Custodian Agreement (Nicholas Applegate Convertible & Income Fund), Custodian Agreement (Nicholas Applegate Convertible & Income Fund Ii)
Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is is, contrary to any provision of, the Fund's ’s declaration of trust, certificate of incorporation or by-laws, Applicable Law, or actions by the trustees, directors or shareholders of the Fund. If the Custodian or Subcustodian is aware of any of the above, it shall promptly contact an officer of the Fund.
Appears in 2 contracts
Samples: Custodian Agreement (Shelton Greater China Fund), Custodian Agreement (Taiwan Greater China Fund)
Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's declaration of trust, certificate of incorporation trust or by-laws, Applicable Law, or actions by the trustees, directors trustees or shareholders of the Fund. If the Custodian or Subcustodian is aware of any of the above, it shall promptly contact an officer of the Fund.
Appears in 2 contracts
Samples: Custodian Agreement (Mackenzie Solutions), Custodian Agreement (Mackenzie Solutions)
Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's declaration of trust, certificate of incorporation or by-lawslaws or other constitutive document, Applicable Law, or actions by the trustees, directors or shareholders of the Fund. If the Custodian Trust or Subcustodian is aware of any of the above, it shall promptly contact an officer of the Fund.
Appears in 1 contract
Samples: Custodian Agreement (RiverPark Commercial Real Estate Fund)
Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's declaration of trust’s trust instrument, certificate of incorporation trust or by-laws, Applicable Law, Law or actions by the trustees, directors Board or shareholders of the Fund. If Notwithstanding the foregoing, the Custodian or Subcustodian shall in no event be required to take any action which is aware in contravention of any applicable law, rule or regulation or any order or judgment of the above, it shall promptly contact an officer any court of the Fundcompetent jurisdiction.
Appears in 1 contract
Samples: Custodian Agreement (Pgim Etf Trust)
Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's declaration of trust, certificate of incorporation or by-laws, Applicable Law, or actions by the trusteesDirectors, directors or shareholders of the Fund. If the Custodian or Subcustodian is aware of any of the above, it shall promptly contact an officer of the Fund.
Appears in 1 contract
Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's declaration of trust, certificate of incorporation or by-lawslaws or other constitutive document, Applicable Law, or actions by the trustees, directors or shareholders of the Fund. If Notwithstanding the foregoing, the Custodian or Subcustodian shall in no event be required to take any action which is aware in contravention of any applicable law, rule or regulation or any order or judgment of the above, it shall promptly contact an officer any court of the Fundcompetent jurisdiction.
Appears in 1 contract
Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's ’s declaration of trust, certificate of incorporation trust or by-lawslaws or other constitutive document, Applicable Law, or actions by the trustees, directors or shareholders of the Fund. If the Custodian or Subcustodian is aware of any of the above, it shall promptly contact an officer of the Fund.
Appears in 1 contract
Samples: Custodian Agreement (USCF ETF Trust)
Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's declaration of trust’s trust instrument, certificate of incorporation trust or by-lawslaws or other constitutive documents, Applicable Law, or actions by the trustees, directors or shareholders of the Fund. If the Custodian or Subcustodian is aware of any of the above, it shall promptly contact an officer of the Fund.
Appears in 1 contract
Samples: Custodian and Transfer Agent Agreement (EntrepreneurShares Series Trust)
Reliance on Instruction. Action by the Custodian or the Subcustodian in accordance with an Instruction, even when such action conflicts with, or is contrary to any provision of, the Fund's declaration of trust, certificate of incorporation or by-laws, Applicable Lawlaws or other constitutive document, or actions by the trustees, directors or shareholders of the Fund. If Fund or Applicable law pertaining to the Custodian Fund or Subcustodian is aware of any of the above, it shall promptly contact an officer of the Fund's Investments.
Appears in 1 contract
Samples: Custodian Agreement (Alliancebernstein International Growth Fund Inc)