Common use of Reporting and Recordkeeping Clause in Contracts

Reporting and Recordkeeping. The ownership of the property whether securities, cash and/or other property, and whether held by the Custodian or a subcustodian or in a depository, clearing agency or clearing system, shall be clearly recorded on the Custodian's books as belonging to the Series and not for the Custodian's own interest. Where certificates are legended or otherwise not fungible with publicly traded certificates (and in other cases where the Custodian and the Series may agree), the Series reserves the right to instruct the Custodian as to the name only in which such securities shall be registered and the Custodian, to the extent reasonably practicable, shall comply with such Instructions; provided, however, if the Custodian reasonably determines that compliance with such Instructions is not reasonably practicable or otherwise may conflict with applicable law, rule or regulation, the Custodian shall promptly notify the Series and shall comply with reasonable alternatives as to which the parties may agree. The Custodian shall keep accurate and detailed accounts of all investments, receipts, disbursements and other transactions for the Series. All accounts, books and records of the Custodian relating thereto shall be open to inspection and audit at all reasonable times during normal business hours of the Custodian by any person designated by the Series. All such books, records and accounts shall be maintained and preserved in the form reasonably requested by the Series and in accordance with the Act and the Rules and Regulations thereunder, including, without limitation, Section 31 thereof and Rule 31a-1 and 31a-2 thereunder. All books, records and accounts pertaining to the Series, which are in the possession of the Custodian, shall be the property of the Fund and such materials or (unless the delivery of original materials is required pursuant to applicable law) legible copies thereof in a format reasonably acceptable to the Fund, shall be surrendered promptly upon request; provided, however, that the Custodian shall be entitled to retain a copy or the original of any such books, records and accounts as may be required or permitted by applicable law and the Custodian's own policies and procedures. The Custodian will supply to the Series from time to time, as mutually agreed upon, a statement in respect to any property of the Series held by the Custodian or by a subcustodian.

Appears in 40 contracts

Samples: Services Agreement (Delaware Investments National Municipal Income Fund), Mutual Fund Custody and Services Agreement (Delaware Enhanced Global Dividend & Income Fund), Mutual Fund Custody and Services Agreement (Delaware Investments Dividend & Income Fund, Inc)

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Reporting and Recordkeeping. The ownership of the property whether securities, cash and/or other property, and whether held by the Custodian or a subcustodian or in a depository, clearing agency or clearing system, shall be clearly recorded on the Custodian's books as belonging to the Series and not for the Custodian's own interest. Where certificates are legended or otherwise not fungible with publicly traded certificates (and in other cases where the Custodian and the Series may agree), the Series reserves the right to instruct the Custodian as to the name only in which such securities shall be registered and the Custodian, to the extent reasonably practicable, shall comply with such Instructions; provided, however, however if the Custodian reasonably determines that compliance with such Instructions is not reasonably practicable or otherwise may conflict with applicable law, rule or regulation, the Custodian shall promptly notify the Series and shall comply with reasonable alternatives as to which the parties may agree. The Custodian shall keep accurate and detailed accounts of all investments, receipts, disbursements and other transactions for the Series. All accounts, books and records of the Custodian relating thereto shall be open to inspection and audit at all reasonable times during normal business hours of the Custodian by any person designated by the Series. All such books, records and accounts shall be maintained and preserved in the form reasonably requested by the Series and in accordance with the Act and the Rules and Regulations thereunder, including, without limitation, Section 31 thereof and Rule 31a-1 and 31a-2 thereunder. All books, records and accounts pertaining to the Series, which are in the possession of the Custodian, shall be the property of the Fund and such materials or (unless the delivery of original materials is required pursuant to applicable law) legible copies thereof in a format reasonably acceptable to the Fund, shall be surrendered promptly upon request; provided, however, that the Custodian shall be entitled to retain a copy or the original of any such books, records and accounts as may be required or permitted by applicable law and the Custodian's own policies and procedures. The Custodian will supply to the Series from time to time, as mutually agreed upon, a statement in respect to any property of in the Series held by the Custodian or by a subcustodian.

Appears in 14 contracts

Samples: Custody and Services Agreement (Voyageur Tax Free Funds), And Services Agreement (Delaware Group Government Fund), And Services Agreement (Delaware Group Government Fund)

Reporting and Recordkeeping. The ownership of the property whether securities, cash and/or other property, and whether held by the Custodian custodian or a subcustodian or in a depository, clearing agency or clearing system, shall be clearly recorded on the Custodian's books as belonging to the Series appropriate Account and not for the Custodian's own interest. Where certificates are legended or otherwise not fungible with publicly traded certificates (and in other cases where the Custodian and the Series Client may agree), the Series Client reserves the right to instruct the Custodian as to the name only in which such securities shall be registered and the Custodian, to the extent reasonably practicable, shall comply with such Instructions; provided, however, however if the Custodian reasonably determines that compliance with such Instructions is not reasonably practicable or otherwise may conflict with applicable law, rule or regulation, the Custodian shall promptly notify the Series Client and shall comply with reasonable alternatives as to which the parties may agree. The Custodian shall keep accurate and detailed accounts of all investments, receipts, disbursements and other transactions for the Serieseach Account. All accounts, books and records of the Custodian relating thereto shall be open to inspection and audit at all reasonable times during normal business hours of the Custodian by any person designated by the SeriesClient. All such books, books records and accounts shall be maintained and preserved in the form reasonably requested by the Series Client and in accordance with the Investment Company Act of 1940, as amended (the "1940 Act") and the Rules and Regulations thereunder, including, without limitation, Section 31 thereof and Rule 31a-1 and 31a-2 thereunder. All books, records and accounts pertaining to the SeriesClients, the Series and the Accounts, which are in the possession of the Custodian, shall be the property of the Fund appropriate Client and the appropriate Series and such materials or (unless the delivery of original materials is required pursuant to applicable law) legible copies thereof in a format reasonably acceptable to the FundClients, shall be surrendered promptly upon request; provided, provided however, that the Custodian shall be entitled to retain a copy or the original of any such books, records and accounts as may be required or permitted by applicable law and the Custodian's own policies and procedures. The Custodian will supply to the Series Clients from time to time, as mutually agreed upon, a statement in respect to any property of the Series in Account(s) held by the Custodian or by a subcustodian. If within ninety (90) days after the delivery to the Client of a statement with respect to an Account(s), the Client has not given the Custodian written notice of any exception or objection relating to any exception, discrepancy, error or objection about which the Client knew or should have known, then the statement shall be deemed to have been approved by the Client for all purposes. Subject to the immediately preceding sentence, if within two hundred and ten (210) days after the delivery to the Client of a statement with respect to an Account(s), the Client has not given the Custodian written notice of any exception, discrepancy, error or objection relating thereto, then such statement shall be deemed to have been approved by the Client for all purposes. In all cases where a statement has been approved by the Client, as provided for under this Section 11, the Custodian shall not be liable for any matter in such statements. In the event that an exception, discrepancy, error or objection is discovered by the Client after the expiration of any such ninety (90) day period or two hundred and ten (210) day period, as applicable, the Custodian shall exercise reasonable efforts to correct or otherwise address any such exception, discrepancy, error or objection with respect to which the Custodian has been notified in writing by the Client. The Custodian shall take all reasonable action as the Clients may request to obtain from year to year favorable opinions from the Clients' independent certified public accountants with respect to the Custodian's activities hereunder in connection with the preparation of the Clients' Form N-1A and the Clients' Form N-SAR or other periodic reports to the Securities and Exchange Commission ("SEC") and with respect to any other requirements of the SEC. The Custodian shall be entitled to reimbursement of its reasonable expenses in connection with assisting the Clients with respect to the preparation of the Clients' Forms N-1A and N-SAR and other periodical reports or requirements of the SEC to the extent that the Custodian does not provide such service without cost to other Clients of the Custodian generally. At the request of a Client, the Custodian shall deliver to the Client a written report prepared by the Custodian's independent certified public accountants with respect to the services provided by the Custodian under this Agreement, including, without limitation, the Custodian's accounting system, internal accounting control and procedures for safeguarding cash and securities, including cash and securities deposited and/or maintained in a depository, clearing agency or clearing system or with a subcustodian. Such report shall be of sufficient scope and in sufficient detail as may reasonably be required by the Client and as may reasonably be obtained by the Custodian. The Custodian shall be entitled to reimbursement of its reasonable expenses in connection with the preparation and delivery of such report to the extent that such report is not ordinary prepared and delivered without cost to other clients of the Custodian generally.

Appears in 7 contracts

Samples: Custody Agreement (Voyageur Mutual Funds Iii Inc /Mn/), Custody Agreement (Voyageur Tax Free Funds), Custody Agreement (Voyageur Investment Trust)

Reporting and Recordkeeping. The ownership of the property whether securities, cash and/or other property, and whether held by the Custodian or a subcustodian or in a depository, clearing agency or clearing system, shall be clearly recorded on the Custodian's ’s books as belonging to the Series and not for the Custodian's ’s own interest. Where certificates are legended or otherwise not fungible with publicly traded certificates (and in other cases where the Custodian and the Series may agree), the Series reserves the right to instruct the Custodian as to the name only in which such securities shall be registered and the Custodian, to the extent reasonably practicable, shall comply with such Instructions; provided, however, if the Custodian reasonably determines that compliance with such Instructions is not reasonably practicable or otherwise may conflict with applicable law, rule or regulation, the Custodian shall promptly notify the Series and shall comply with reasonable alternatives as to which the parties may agree. The Custodian shall keep accurate and detailed accounts of all investments, receipts, disbursements and other transactions for the Series. All accounts, books and records of the Custodian relating thereto shall be open to inspection and audit at all reasonable times during normal business hours of the Custodian by any person designated by the Series. All such books, records and accounts shall be maintained and preserved in the form reasonably requested by the Series and in accordance with the Act and the Rules and Regulations thereunder, including, without limitation, Section 31 thereof and Rule 31a-1 and 31a-2 thereunder. All books, records and accounts pertaining to the Series, which are in the possession of the Custodian, shall be the property of the Fund and such materials or (unless the delivery of original materials is required pursuant to applicable law) legible copies thereof in a format reasonably acceptable to the Fund, shall be surrendered promptly upon request; provided, however, that the Custodian shall be entitled to retain a copy or the original of any such books, records and accounts as may be required or permitted by applicable law and the Custodian's ’s own policies and procedures. The Custodian will supply to the Series from time to time, as mutually agreed upon, a statement in respect to any property of the Series held by the Custodian or by a subcustodian.

Appears in 2 contracts

Samples: Mutual Fund Custody and Services Agreement (Ivy Variable Insurance Portfolios), Mutual Fund Custody and Services Agreement (Ivy Funds)

Reporting and Recordkeeping. The ownership of the property whether --------------------------- securities, cash and/or other property, and whether held by the Custodian or a subcustodian or in a depository, clearing agency or clearing system, shall be clearly recorded on the Custodian's books as belonging to the Series and not for the Custodian's own interest. Where certificates are legended or otherwise not fungible with publicly traded certificates (and in other cases where the Custodian and the Series may agree), the Series reserves the right to instruct the Custodian as to the name only in which such securities shall be registered and the Custodian, to the extent reasonably practicable, shall comply with such Instructions; provided, however, if the Custodian reasonably determines that compliance with such Instructions is not reasonably practicable or otherwise may conflict with applicable law, rule or regulation, the Custodian shall promptly notify the Series and shall comply with reasonable alternatives as to which the parties may agree. The Custodian shall keep accurate and detailed accounts of all investments, receipts, disbursements and other transactions for the Series. All accounts, books and records of the Custodian relating thereto shall be open to inspection and audit at all reasonable times during normal business hours of the Custodian by any person designated by the Series. All such books, records and accounts shall be maintained and preserved in the form reasonably requested by the Series and in accordance with the Act and the Rules and Regulations thereunder, including, without limitation, Section 31 thereof and Rule 31a-1 and 31a-2 thereunder. All books, records and accounts pertaining to the Series, which are in the possession of the Custodian, shall be the property of the Fund and such materials or (unless the delivery of original materials is required pursuant to applicable law) legible copies thereof in a format reasonably acceptable to the Fund, shall be surrendered promptly upon request; provided, however, that the Custodian shall be entitled to retain a copy or the original of any such books, records and accounts as may be required or permitted by applicable law and the Custodian's own policies and procedures. The Custodian will supply to the Series from time to time, as mutually agreed upon, a statement in respect to any property of the Series held by the Custodian or by a subcustodian.

Appears in 2 contracts

Samples: And Services Agreement (Lincoln Variable Insurance Products Trust), And Services Agreement (Lincoln Advisors Trust)

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Reporting and Recordkeeping. The ownership of the property whether securities, cash and/or other property, and whether held by the Custodian or a subcustodian or in a depository, clearing agency or clearing system, shall be clearly recorded on the Custodian's books as belonging to the Series appropriate Account and not for the Custodian's own interest. Where certificates are legended or otherwise not fungible with publicly traded certificates (and in other cases where the Custodian and the Series Client may agree), the Series Client reserves the right to instruct the Custodian as to the name only in which such securities shall be registered and the Custodian, to the extent reasonably practicable, shall comply with such Instructions; provided, however, however if the Custodian reasonably determines that compliance with such Instructions is not reasonably practicable or otherwise may conflict with applicable law, rule or regulation, the Custodian shall promptly notify the Series Client and shall comply with reasonable alternatives as to which the parties may agree. The Custodian shall keep accurate and detailed accounts of all investments, receipts, disbursements and other transactions for the Serieseach Account. All accounts, books and records of the Custodian relating thereto shall be open to inspection and audit at all reasonable times during normal business hours of the Custodian by any person designated by the SeriesClient. All such books, books records and accounts shall be maintained and preserved in the form reasonably requested by the Series Client and in accordance with the Investment Company Act of 1940, as amended (the "1940 Act") and the Rules and Regulations thereunder, including, without limitation, Section 31 thereof and Rule 31a-1 and 31a-2 thereunder. All books, records and accounts pertaining to the SeriesClients, the Series and the Accounts, which are in the possession of the Custodian, shall be the property of the Fund appropriate Client and the appropriate Series and such materials or (unless the delivery of original materials is required pursuant to applicable law) legible copies thereof in a format reasonably acceptable to the FundClients, shall be surrendered promptly upon request; provided, however, that the Custodian shall be entitled to retain a copy or the original of any such books, records and accounts as may be required or permitted by applicable law and the Custodian's own policies and procedures. The Custodian will supply to the Series Clients from time to time, as mutually agreed upon, a statement in respect to any property of the Series in Account(s) held by the Custodian or by a subcustodian. If within ninety (90) days after the delivery to the Client of a statement with respect to an Account(s), the Client has not given the Custodian written notice of any exception or objection relating to any exception, discrepancy, error or objection about which the Client knew or should have known, then the statement shall be deemed to have been approved by the Client for all purposes. Subject to the immediately preceding sentence, if within two hundred and ten (210) days after the delivery to the Client of a statement with respect to an Account(s), the Client has not given the Custodian written notice of any exception, discrepancy, error or objection relating thereto, then such statement shall be deemed to have been approved by the Client for all purposes. In all cases where a statement has been approved by the Client, as provided for under this Section 11, the Custodian shall not be liable for any matter in such statements. In the event that an exception, discrepancy, error or objection is discovered by the Client after the expiration of any such ninety (90) day period or two hundred and ten (210) day period, as applicable, the Custodian shall exercise reasonable efforts to correct or otherwise address any such exception, discrepancy, error or objection with respect to which the Custodian has been notified in writing by the Client. The Custodian shall take all reasonable action as the Clients may request to obtain from year to year favorable opinions from the Clients' independent certified public accountants with respect to the Custodian's activities hereunder in connection with the preparation of the Clients' Form N-1A and the Clients' Form N-SAR or other periodic reports to the Securities and Exchange Commission ("SEC") and with respect to any other requirements of the SEC. The Custodian shall be entitled to reimbursement of its reasonable expenses in connection with assisting the Clients with respect to the preparation of the Clients' Forms N-1A and N-SAR and other periodic reports or requirements of the SEC to the extent that the Custodian does not provide such service without cost to other Clients of the Custodian generally. At the request of a Client, the Custodian shall deliver to the Client a written report prepared by the Custodian's independent certified public accountants with respect to the services provided by the Custodian under this Agreement, including, without limitation, the Custodian's accounting system, internal accounting control and procedures for safeguarding cash and securities, including cash and securities deposited and/or maintained in a depository, clearing agency or clearing system or with a subcustodian. Such report shall be of sufficient scope and in sufficient detail as may reasonably be required by the Client and as may reasonably be obtained by the Custodian. The Custodian shall be entitled to reimbursement of its reasonable expenses in connection with the preparation and delivery of such report to the extent that any such report is not ordinarily prepared and delivered without cost to other clients of the Custodian generally.

Appears in 1 contract

Samples: Custody Agreement (Voyageur Mutual Funds)

Reporting and Recordkeeping. The ownership of the property whether securities, cash and/or other property, and whether held by the Custodian or a subcustodian or in a depository, clearing agency or clearing system, shall be clearly recorded on the Custodian's books as belonging to the Series Fund and not for the Custodian's own interest. Where certificates are legended or otherwise not fungible with publicly traded certificates (and in other cases where the Custodian and the Series Fund may agree), the Series Fund reserves the right to instruct the Custodian as to the name only in which such securities shall be registered and the Custodian, to the extent reasonably practicable, shall comply with such Instructions; provided, however, if the Custodian reasonably determines that compliance with such Instructions is not reasonably practicable or otherwise may conflict with applicable law, rule or regulation, the Custodian shall promptly notify the Series Fund and shall comply with reasonable alternatives as to which the parties may agree. The Custodian shall keep accurate and detailed accounts of all investments, receipts, disbursements and other transactions for the SeriesFund. All accounts, books and records of the Custodian relating thereto shall be open to inspection and audit at all reasonable times during normal business hours of the Custodian by any person designated by the SeriesFund. All such books, records and accounts shall be maintained and preserved in the form reasonably requested by the Series Fund and in accordance with the Act and the Rules and Regulations thereunder, including, without limitation, Section 31 thereof and Rule 31a-1 and 31a-2 thereunder. All books, records and accounts pertaining to the SeriesFund, which are in the possession of the Custodian, shall be the property of the Fund and such materials or (unless the delivery of original materials is required pursuant to applicable law) legible copies thereof in a format reasonably acceptable to the Fund, shall be surrendered promptly upon request; provided, however, that the Custodian shall be entitled to retain a copy or the original of any such books, records and accounts as may be required or permitted by applicable law and the Custodian's own policies and procedures. The Custodian will supply to the Series Fund from time to time, as mutually agreed upon, a statement in respect to any property of the Series Fund held by the Custodian or by a subcustodian.

Appears in 1 contract

Samples: And Services Agreement (Lincoln National Variable Annuity Fund A)

Reporting and Recordkeeping. The ownership of the property whether securities, cash and/or other property, and whether held by the Custodian or a subcustodian or in a depository, clearing agency or clearing system, shall be clearly recorded on the Custodian's ’s books as belonging to the Series and not for the Custodian's ’s own interest. Where certificates are legended or otherwise not fungible with publicly traded certificates (and in other cases where the Custodian and the Series may agree), the Series reserves the right to instruct the Custodian as to the name only in which such securities shall be registered and the Custodian, to the extent reasonably practicable, shall comply with such Instructions; provided, however, however if the Custodian reasonably determines that compliance with such Instructions is not reasonably practicable or otherwise may conflict with applicable law, rule or regulation, the Custodian shall promptly notify the Series and shall comply with reasonable alternatives as to which the parties may agree. The Custodian shall keep accurate and detailed accounts of all investments, receipts, disbursements and other transactions for the Series. All accounts, books and records of the Custodian relating thereto shall be open to inspection and audit at all reasonable times during normal business hours of the Custodian by any person designated by the Series. All such books, records and accounts shall be maintained and preserved in the form reasonably requested by the Series and in accordance with the Act and the Rules and Regulations thereunder, including, without limitation, Section 31 thereof and Rule 31a-1 and 31a-2 thereunder. All books, records and accounts pertaining to the Series, which are in the possession of the Custodian, shall be the property of the Fund and such materials or (unless the delivery of original materials is required pursuant to applicable law) legible copies thereof in a format reasonably acceptable to the Fund, shall be surrendered promptly upon request; provided, however, that the Custodian shall be entitled to retain a copy or the original of any such books, records and accounts as may be required or permitted by applicable law and the Custodian's ’s own policies and procedures. The Custodian will supply to the Series from time to time, as mutually agreed upon, a statement in respect to any property of in the Series held by the Custodian or by a subcustodian.

Appears in 1 contract

Samples: Services Agreement (Delaware Enhanced Global Dividend & Income Fund)

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