Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.
Appears in 101 contracts
Samples: Custodian Agreement (Pioneer Municipal High Income Opportunities Fund, Inc.), Custodian Agreement (Pioneer Floating Rate Trust), Custodian Agreement (Pioneer CoreTrust I)
Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other lesser amount as shall be agreed by the parties as the date for settlementparties.
Appears in 59 contracts
Samples: Custodian Agreement (New Age Alpha Variable Funds Trust), Custodian Agreement (New Age Alpha Funds Trust), Funds Transfer Services Agreement (SEI Alternative Income Fund)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall promptly replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.
Appears in 55 contracts
Samples: Custodian Agreement (Vanguard Specialized Funds), Custodian Agreement (Vanguard World Fund), Custodian Agreement (Vanguard Variable Insurance Funds)
Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, loss or such other lesser amount as shall be agreed by the parties as the date for settlementparties.
Appears in 18 contracts
Samples: Custodian and Transfer Agent Agreement (Exchange Traded Concepts Trust), Funds Transfer Services Agreement (Investment Managers Series Trust III), Funds Transfer Services Agreement (Fpa Funds Trust)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the applicable Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, loss or, if less, such other amount as shall be agreed by the parties as the date for settlement.
Appears in 12 contracts
Samples: Custodian Agreement (New Covenant Funds), Custodian Agreement (Sei Institutional International Trust), Custodian Agreement (Adviser Managed Trust)
Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund affected Portfolio the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, loss or such other lesser amount as shall be agreed by the parties as the date for settlementparties.
Appears in 12 contracts
Samples: Custodian Agreement (Investment Managers Series Trust II), Custodian Agreement (Investment Managers Series Trust II), Custodian and Transfer Agent Agreement (Unified Series Trust)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund Trust the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.
Appears in 10 contracts
Samples: Custodian Agreement (European Equity Portfolio), Custodian Agreement (59 Wall Street Fund Inc), Custodian Agreement (59 Wall Street Trust)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other lesser amount as shall be agreed by the parties as the date for settlementparties.
Appears in 9 contracts
Samples: Funds Transfer Services Agreement (Catholic Responsible Investments Funds), Custodian Agreement (Frost Family of Funds), Custodian Agreement (Advisors' Inner Circle Fund II)
Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund affected Portfolio the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, loss or such other amount as shall be agreed by the parties as the date for settlementparties.
Appears in 8 contracts
Samples: Funds Transfer Services Agreement (Northern Lights Fund Trust Ii), Custodian and Transfer Agent Agreement (Uncommon Investment Funds Trust), Custodian Agreement (Pgim Etf Trust)
Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the affected Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, loss or such other lesser amount as shall be agreed by the parties as the date for settlementparties.
Appears in 7 contracts
Samples: Custodian and Transfer Agent Agreement (Pointbreak ETF Trust), Custodian and Transfer Agent Agreement (Pointbreak ETF Trust), Custodian and Transfer Agent Agreement (Pointbreak ETF Trust)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a the claim was first made is paid to the Custodian Fund with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.
Appears in 4 contracts
Samples: Custodian Agreement (Schwab Annuity Portfolios), Custodian Agreement (Schwab Capital Trust), Custodian Agreement (Schwab Annuity Portfolios)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such InvestmentInvestment at current market values, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.
Appears in 4 contracts
Samples: Custodian Agreement, Custodian Agreement, Form of Custodian Agreement (ProShares Trust II)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.for
Appears in 3 contracts
Samples: Custodian Agreement (Aetna Variable Portfolios Inc), Custodian Agreement (Hotchkis & Wiley Funds /De/), Custodian Agreement (Pilgrim Variable Products Trust)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, loss or, if less, such other amount as shall be agreed by the parties as the date for settlement.
Appears in 3 contracts
Samples: Custodian Agreement (SEI Structured Credit Fund, LP), Custodian Agreement (RidgeWorth Funds), Custodian Agreement (Sti Classic Variable Trust)
Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund affected Portfolio the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other amount as shall be agreed by the parties as the date for settlementparties.
Appears in 3 contracts
Samples: Custodian Agreement (James Alpha Funds Trust), Custodian Agreement (James Alpha Funds Trust), Custodian Agreement (AIM ETF Products Trust)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other or amount as shall be agreed by the parties as the date for settlement.
Appears in 2 contracts
Samples: Custodian Agreement (Shelton Greater China Fund), Custodian Agreement (Taiwan Greater China Fund)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the applicable Fund or Company the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, loss or, if less, such other amount as shall be agreed by the parties as the date for settlement.
Appears in 2 contracts
Samples: Custodian Agreement (Sei Institutional Investments Trust), Custodian Agreement (Sei Institutional Managed Trust)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall promptly (a) report such loss to the Fund and (b)(i) replace such Investment, Investment or (ii) in the event that such replacement cannot be effected, the Custodian shall pay to the Fund an amount equal to the fair market value of the Fund would assign such Investment based on investment in determining the last available price as of the close of business in the relevant market Fund's net asset value on the date that a claim was first made to the Custodian with respect to of such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlementpayment.
Appears in 2 contracts
Samples: Custodian Agreement (Aetna Series Fund Inc), Form of Custodian Agreement (Aetna Series Fund Inc)
Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall promptly replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the greater of the last available price as of the close of business in the relevant market or the price at which the Investment is fair valued according to the Fund’s approved procedures on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.
Appears in 2 contracts
Samples: Custodian Agreement (PowerShares India Exchange-Traded Fund Trust), Form of Custodian Agreement (PowerShares India Exchange-Traded Fund Trust)
Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other lesser amount as shall be agreed by the parties as the date for settlementFund in its commercially reasonable determination.
Appears in 2 contracts
Samples: Custodian Agreement (Cullen Funds Trust), Custodian Agreement (Cullen Funds Trust)
Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other amount as shall be agreed by the parties as the date for settlementparties.
Appears in 2 contracts
Samples: Custodian Agreement (Esoterica Thematic ETF Trust), Custodian Agreement (Burnham Investors Trust)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price shall, as of the close of business in the relevant market on the date that a claim was first made to soon as practicable after the Custodian with respect to first becomes aware of such loss, or, if less, such other credit to the Fund's account an amount equal to the Market Value of the lost Investments determined as shall be agreed by the parties as of (i) the date for settlement.on which the Custodian first becomes
Appears in 2 contracts
Samples: Custodian Agreement (Janus Adviser), Custodian Agreement (Janus Adviser)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other amount as shall be agreed by the parties as the date for settlement.
Appears in 2 contracts
Samples: Conforming Custodian Agreement (GMO Series Trust), Exhibit 1 Custodian Agreement (Gmo Trust)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.
Appears in 1 contract
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall promptly replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.. 6. ADMINISTRATIVE
Appears in 1 contract
Samples: Custodian Agreement
Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the each Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other lesser amount as shall be agreed by the parties as the date for settlementparties.
Appears in 1 contract
Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund applicable Portfolios the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, loss or such other lesser amount as shall be agreed by the parties as the date for settlementparties.
Appears in 1 contract
Samples: Custodian and Transfer Agent Agreement (Zacks Trust)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties parti es as the date for settlement.
Appears in 1 contract
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund Portfolio the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.
Appears in 1 contract
Samples: Custodian Agreement (Dow Jones Islamic Market Index Portfolio)
Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund Company the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to of such loss, or, if less, such other lesser amount as shall be agreed by the parties as the date for settlementparties.
Appears in 1 contract
Samples: Custodian Agreement (AirShares(TM) EU Carbon Allowances Fund)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, . if less, such other amount as shall be agreed by the parties as the date for settlement.
Appears in 1 contract
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall promptly replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement. 6.
Appears in 1 contract
Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund Trust the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other amount as shall be agreed by the parties as the date for settlementparties.
Appears in 1 contract
Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of Section 9 of this Agreement, and without derogation to said terms, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other lesser amount as shall be agreed by the parties as the date for settlementparties.
Appears in 1 contract
Samples: Funds Transfer Services Agreement (BondBloxx ETF Trust)
Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the applicable Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other lesser amount as shall be agreed by the parties as the date for settlementparties.
Appears in 1 contract
Samples: Custodian Agreement (CSOP ETF Trust)
Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such lossof replacement, or, if less, or such other lesser amount as shall be agreed by the parties as the date for settlementparties.
Appears in 1 contract
Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the affected Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other lesser amount as shall be agreed by the parties as the date for settlementparties.
Appears in 1 contract
Samples: Funds Transfer Services Agreement (Capitol Series Trust)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund Company the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed to by the parties as of the date for settlement.
Appears in 1 contract
Samples: Custodian Agreement (Matthews a Share Selections Fund, LLC)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the applicable Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.
Appears in 1 contract
Samples: Custody Agreement (Brookshire Raw Materials (U.S.) Metals CDN Fund)
Replacement of Lost Investments. In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, oror , if less, such other amount as shall be agreed by the parties as the date for settlement.
Appears in 1 contract
Replacement of Lost Investments. In the event of a loss of any Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the applicable Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.
Appears in 1 contract
Samples: Custody Agreement (Brookshire Raw Materials (U.S.) Energy USD Fund)
Replacement of Lost Investments. In the event of a loss of Investments for which loss the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund Trust the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, or such other lesser amount as shall be agreed by the parties as the date for settlementparties.
Appears in 1 contract