Common use of Reports and Records Clause in Contracts

Reports and Records. BBH&Co. shall: 12.1 create and maintain records relating to the performance of its obligations under this Agreement; 12.2 make available to the Fund, its auditors, agents and employees, upon reasonable request and during normal business hours of the Fund and BBH&Co., all records maintained by BBH&Co. pursuant to Section 12.1 above, subject, however, to all reasonable security requirements of BBH&Co. then applicable to the records of its customers generally; and 12.3 make available to the Fund all Electronic Reports; it being understood that BBH&Co. shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included therein. 12.4 The Fund shall examine all records, howsoever produced or transmitted, promptly upon receipt and notify BBH&Co. promptly of any discrepancy or error. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 The Fund acknowledges that the Custodian obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but the Fund acknowledges and agrees that the Custodian does not verify such information nor make any representations or warrantees as to its accuracy or completeness and accordingly shall be without liability in selecting and using such sources and furnishing such information.

Appears in 14 contracts

Samples: Custodian and Transfer Agent Agreement (Investment Managers Series Trust III), Custodian and Transfer Agent Agreement (Fpa Funds Trust), Custodian and Transfer Agent Agreement (Advisors' Inner Circle Fund)

AutoNDA by SimpleDocs

Reports and Records. BBH&Co. The Custodian shall: 12.1 11.1. create and maintain records relating to the performance of its obligations under this Agreement; 12.2 11.2. make available to the Fund, its auditors, agents and employees, upon reasonable request and during normal business hours of the Fund and BBH&Co.Custodian, all records maintained by BBH&Co. the Custodian pursuant to Section 12.1 11.1 above, subject, however, to all reasonable security requirements of BBH&Co. the Custodian then applicable to the records of its custody customers generally; and 12.3 11.3. make available to the Fund all Electronic Reports; it being understood that BBH&Co. the Custodian shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included therein. 12.4 11.4. The Fund shall examine all records, howsoever however produced or transmitted, promptly upon receipt and notify BBH&Co. the Custodian promptly of any discrepancy or error. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 11.5. The Fund acknowledges that the Custodian obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but the Fund acknowledges and agrees that the Custodian does not verify such information nor make any representations or warrantees as to its accuracy or completeness and accordingly shall be without liability in selecting and using such sources and furnishing such information.

Appears in 13 contracts

Samples: Custodian Agreement (First Trust Exchange-Traded Fund Iv), Custodian Agreement (First Trust Dynamic Europe Equity Income Fund), Custodian Agreement (First Trust Exchange-Traded Fund Vii)

Reports and Records. BBH&Co. The Custodian shall: 12.1 11.1 create and maintain records relating to the performance of its obligations under this Agreement; 12.2 11.2 make available to the Fund, its auditors, agents and employees, upon reasonable request and during normal business hours of the Fund and BBH&Co.Custodian, all records maintained by BBH&Co. the Custodian pursuant to Section 12.1 11.1 above, subject, however, to all reasonable security requirements of BBH&Co. the Custodian then applicable to the records of its custody customers generally; and 12.3 11.3 make available to the Fund all Electronic Reports; it being understood that BBH&Co. the Custodian shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included therein. 12.4 11.4 The Fund shall examine all records, howsoever produced or transmitted, promptly upon receipt and notify BBH&Co. the Custodian promptly of any discrepancy or error. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 11.5 The Fund acknowledges that the Custodian obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but the Fund acknowledges and agrees that the Custodian does not verify such information nor make any representations or warrantees as to its accuracy or completeness and accordingly shall be without liability in selecting and using such sources and furnishing such information.

Appears in 11 contracts

Samples: Custodian Agreement (SEI Alternative Income Fund), Custodian Agreement (Grandeur Peak Global Trust), Custodian Agreement (Northern Lights Fund Trust IV)

Reports and Records. BBH&Co. The Custodian shall: 12.1 11.1 create and maintain accurate and complete records relating to the performance of its obligations under this Agreement; 12.2 11.2 make available to the Fund, its auditors, agents and employees, upon reasonable request and during normal business hours of the Fund and BBH&Co.Custodian, all records maintained by BBH&Co. the Custodian pursuant to Section 12.1 11.1 above, subject, however, to all reasonable security requirements of BBH&Co. the Custodian then applicable to the records of its custody customers generally; and 12.3 11.3 make available to the Fund all Electronic Reports; it being understood that BBH&Co. the Custodian shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included therein. 12.4 11.4 The Fund shall examine all records, howsoever however produced or transmitted, promptly upon receipt thereof and notify BBH&Co. the Custodian promptly of any discrepancy or error. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 11.5 The Fund acknowledges that the Custodian obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but the Fund acknowledges and agrees that the Custodian does not verify such information nor make any representations or warrantees as to its accuracy or completeness and accordingly shall be without liability in selecting and using such sources and furnishing such information.

Appears in 9 contracts

Samples: Custodian Agreement (Catholic Responsible Investments Funds), Custodian Agreement (Frost Family of Funds), Custodian Agreement (Advisors' Inner Circle Fund II)

Reports and Records. BBH&Co. shall: 12.1 create and maintain records relating to the performance of its obligations under this AgreementAgreement (including such reports as may be required pursuant to Section 31(a) of the 1940 Act and the rules thereunder); 12.2 make available to and copy for the FundTrust (at the Trust’s expense), its auditors, agents and employees, upon reasonable request and during its normal business hours of the Fund and BBH&Co.hours, all records maintained by BBH&Co. pursuant to Section 12.1 above, subject, however, to all reasonable security requirements of BBH&Co. then applicable to the records of its customers generally; and 12.3 make available to the Fund Trust all Electronic Reports; it being understood that BBH&Co. shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included therein. 12.4 The Fund Trust shall examine all records, howsoever however produced or transmitted, promptly upon receipt and notify BBH&Co. promptly of any discrepancy or error. Unless the Fund Trust delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 The Fund Trust acknowledges that the Custodian obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the FundTrust. The Custodian deems such sources to be reliable but the Fund Trust acknowledges and agrees that the Custodian does not verify such information nor make any representations or warrantees as to its accuracy or completeness and accordingly shall be without liability in selecting and using such sources and furnishing such information.

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)

Reports and Records. BBH&Co. shall: 12.1 create and maintain records relating to the performance of its obligations under this AgreementAgreement (including such reports as may be required pursuant to Section 31(a) of the 1940 Act and the rules thereunder); 12.2 make available to and copy for the Fund (at the Fund’s expense), its auditors, agents and employees, upon reasonable request and during its normal business hours of the Fund and BBH&Co.hours, all records maintained by BBH&Co. pursuant to Section 12.1 above, subject, however, to all reasonable security requirements of BBH&Co. then applicable to the records of its customers generally; and 12.3 make available to the Fund all Electronic Reports; it being understood that BBH&Co. shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included therein. 12.4 The Fund shall examine all records, howsoever however produced or transmitted, promptly upon receipt and notify BBH&Co. promptly of any discrepancy or error. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 The Fund acknowledges that the Custodian obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but the Fund acknowledges and agrees that the Custodian does not verify such information nor make any representations or warrantees as to its accuracy or completeness and accordingly shall be without liability in selecting and using such sources and furnishing such information.

Appears in 5 contracts

Samples: Custodian and Transfer Agent Agreement (Unified Series Trust), Custodian and Transfer Agent Agreement (Unified Series Trust), Custodian and Transfer Agent Agreement (Northern Lights Fund Trust Iii)

Reports and Records. BBH&Co. shall: 12.1 create and maintain records relating to the performance of its obligations under this Agreement; 12.2 make available to the Fund, its auditors, agents and employees, upon reasonable request and during normal business hours of the Fund and BBH&Co., all records maintained by BBH&Co. pursuant to Section 12.1 above, subject, however, to all reasonable security requirements of BBH&Co. then applicable to the records of its customers generally; and 12.3 make available to the Fund all Electronic Reports; it being understood that BBH&Co. shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included thereintherein unless caused directly by the Custodian’s negligence, bad faith or willful misconduct. 12.4 The Fund shall examine all records, howsoever produced or transmitted, promptly upon receipt and notify BBH&Co. promptly of any discrepancy or error. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 The Fund acknowledges that the Custodian obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but the Fund acknowledges and agrees that the Custodian does not verify such information nor make any representations or warrantees as to its accuracy or completeness and accordingly shall be without liability in selecting and using such sources and furnishing such information.

Appears in 3 contracts

Samples: Custodian and Transfer Agent Agreement (Exchange Traded Concepts Trust), Custodian and Transfer Agent Agreement (Exchange Traded Concepts Trust), Custodian and Transfer Agent Agreement (Exchange Listed Funds Trust)

Reports and Records. BBH&Co. The Custodian shall: 12.1 11.1 create and maintain records relating to the performance of its obligations under this Agreement; 12.2 11.2 make available to the Fund, its auditors, agents and employees, upon reasonable request and during normal business hours of the Fund and BBH&Co.Custodian, all records maintained by BBH&Co. the Custodian pursuant to Section 12.1 11.1 above, subject, however, to all reasonable security requirements of BBH&Co. the Custodian then applicable to the records of its custody customers generally; and 12.3 11.3 make available to the Fund all Electronic Reports; it being understood that BBH&Co. the Custodian shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included therein. 12.4 11.4 The Fund shall examine all records, howsoever produced or transmitted, promptly upon receipt and notify BBH&Co. the Custodian promptly of any discrepancy or error. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 11.5 The Fund acknowledges that the Custodian obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but the Fund acknowledges and agrees that the Custodian does not verify such information nor make any representations or warrantees warranties as to its accuracy or completeness and accordingly shall be without liability in selecting and using such sources and furnishing such information.

Appears in 2 contracts

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

Reports and Records. BBH&Co. shall: 12.1 create and maintain records relating to the performance of its obligations under this AgreementAgreement (including such reports as may be required pursuant to Section 31(a) of the 1940 Act and the rules thereunder); 12.2 make available to and copy for the Fund (at the Fund’s expense), its auditors, agents and employees, upon reasonable request and during its normal business hours of the Fund and BBH&Co.hours, all records maintained by BBH&Co. pursuant to Section 12.1 above, subject, however, to all reasonable security requirements of BBH&Co. then applicable to the records of its customers generally; and 12.3 make available to the Fund all Electronic Reports; it being understood that BBH&Co. shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included therein. 12.4 The Fund shall examine all records, howsoever however produced or transmitted, promptly upon receipt and notify BBH&Co. promptly of any discrepancy or error. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 The Fund acknowledges that the Custodian BBH&Co. obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian BBH&Co. deems such sources to be reliable but the Fund acknowledges and agrees that the Custodian BBH&Co. does not verify such information nor make any representations or warrantees as to its accuracy or completeness and accordingly and, provided that it uses reasonable care in selecting such sources, shall be without liability in selecting and using such sources and furnishing such information.

Appears in 2 contracts

Samples: Custodian and Transfer Agent Agreement (Cambria ETF Trust), Custodian and Transfer Agent Agreement (Cambria ETF Trust)

Reports and Records. BBH&Co. shall: 12.1 create and maintain records relating to the performance of its obligations under this AgreementAgreement (including such reports as may be required pursuant to Section 31(a) of the 1940 Act and the rules thereunder); 12.2 make available to and copy for the Fund (at the Fund’s expense), its auditors, agents and employees, upon reasonable request and during its normal business hours of the Fund and BBH&Co.hours, all records maintained by BBH&Co. pursuant to Section 12.1 above, subject, however, to all reasonable security requirements of BBH&Co. then applicable to the records of its customers generally; and 12.3 make available to the Fund all Electronic Reports; it being understood that BBH&Co. shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included therein. 12.4 The Fund shall examine all records, howsoever however produced or transmitted, promptly upon receipt and notify BBH&Co. promptly of any discrepancy or error. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 The Fund acknowledges that the Custodian obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but the Fund acknowledges and agrees that the Custodian does not verify such information nor make any representations or warrantees as to its accuracy or completeness and accordingly shall be without liability in selecting and using such sources and furnishing such information, provided that it uses reasonable care in selecting such sources.

Appears in 2 contracts

Samples: Custodian and Transfer Agent Agreement (Arrow Investments Trust), Custodian and Transfer Agent Agreement (Northern Lights ETF Trust)

Reports and Records. BBH&Co. 11.1 The Custodian shall: 12.1 11.1.1 create and maintain records relating to the performance of its obligations under this Agreement; 12.2 11.1.2 make available to the Fund, its auditors, agents and employees, upon reasonable request and during normal business hours of the Fund and BBH&Co.Custodian, all records maintained by BBH&Co. the Custodian pursuant to Section 12.1 11.1.1 above, subject, however, to all reasonable security requirements of BBH&Co. the Custodian then applicable to the records of its custody customers generally; and 12.3 11.1.3 make available to the Fund all Electronic Reports; it being understood that BBH&Co. the Custodian shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included therein, provided that the inaccuracy, incompleteness or error, as the case may be, was not the result of the Custodian's negligence, bad faith or willful misconduct. 12.4 11.2 The Fund shall examine all records, howsoever however produced or transmitted, promptly upon receipt and notify BBH&Co. the Custodian promptly of any discrepancy or error. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 11.3 The Fund acknowledges that the Custodian obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but the Fund acknowledges and agrees that the Custodian does not verify such information nor make any representations or warrantees as to its accuracy or completeness and accordingly shall be without liability in selecting and using such sources and furnishing such information.

Appears in 1 contract

Samples: Custodian Agreement (Bjurman Barry Funds)

Reports and Records. BBH&Co. shall: 12.1 create and maintain records relating to the performance of its obligations under this AgreementAgreement (including such reports as the Fund may reasonably request as necessary for the Fund to satisfy its obligations pursuant to Section 31(a) of the 1940 Act and the rules thereunder); 12.2 make available and, upon the Fund’s request and expense, copy for and mail to the Fund, its auditors, agents and employees, upon reasonable request and during normal business hours of the Fund and BBH&Co., all records maintained by BBH&Co. pursuant to Section 12.1 above, subject, however, to all reasonable security requirements of BBH&Co. then applicable to the records of its customers generally; and 12.3 make available to the Fund all Electronic Reports; it being understood that BBH&Co. shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included therein. 12.4 The Fund shall examine all records, howsoever produced or transmitted, promptly upon receipt and notify BBH&Co. promptly of any discrepancy or error. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 The Fund acknowledges that the Custodian obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but the Fund acknowledges and agrees that the Custodian does not verify such information nor make any representations or warrantees as to its accuracy or completeness and accordingly shall be without liability in selecting and using such sources and furnishing such information.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (New Age Alpha Trust)

AutoNDA by SimpleDocs

Reports and Records. BBH&Co. The Custodian shall: 12.1 11.1 create and maintain records relating to the performance of its obligations under this Agreement; 12.2 11.2 make available to the Fund, its auditors, agents (which may include the Fund’s service providers) and employees, upon reasonable request and during normal business hours of the Fund and BBH&Co.Custodian, all records maintained by BBH&Co. the Custodian pursuant to Section 12.1 11.1 above, subject, however, to all reasonable security requirements of BBH&Co. the Custodian then applicable to the records of its custody customers generally; and 12.3 11.3 make available to the Fund all Electronic Reports; it being understood that BBH&Co. the Custodian shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included therein. 12.4 11.4 The Fund shall examine all records, howsoever however produced or transmitted, promptly upon receipt and notify BBH&Co. the Custodian promptly of any discrepancy or error. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 11.5 The Fund acknowledges that the Custodian obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but the Fund acknowledges and agrees that the Custodian does not verify such information nor make any representations or warrantees as to its accuracy or completeness and accordingly shall be without liability in selecting and using such sources and furnishing such information.

Appears in 1 contract

Samples: Custodian Agreement (Guinness Atkinson Funds)

Reports and Records. BBH&Co. shall: 12.1 create and maintain records relating to the performance of its obligations under this AgreementAgreement (including such reports as may be required pursuant to Section 31(a) of the 1940 Act and the rules thereunder); 12.2 make available to and copy for the Fund (at the Fund's expense), its auditors, agents and employees, upon reasonable request and during its normal business hours of the Fund and BBH&Co.hours, all records maintained by BBH&Co. pursuant to Section 12.1 above, subject, however, to all reasonable security requirements of BBH&Co. then applicable to the records of its customers generally; and 12.3 make available to the Fund all Electronic Reports; it being understood that BBH&Co. shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included therein. 12.4 The Fund shall examine all records, howsoever however produced or transmitted, promptly upon receipt and notify BBH&Co. promptly of any discrepancy or error. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 The Fund acknowledges that the Custodian obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but the Fund acknowledges and agrees that the Custodian does not verify such information nor make any representations or warrantees as to its accuracy or completeness and accordingly shall be without liability in selecting and using such sources and furnishing such information.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (LocalShares Investment Trust)

Reports and Records. BBH&Co. shall: 12.1 create and maintain records relating to the performance of its obligations under this AgreementAgreement (including such reports as may be required pursuant to Section 31(a) of the 1940 Act and the rules thereunder), all of which shall be the property of the Fund; 12.2 make available to and copy for the Fund (at the Fund’s expense), its auditors, agents and employees, upon reasonable request and during its normal business hours of the Fund and BBH&Co.hours, all records maintained by BBH&Co. pursuant to Section 12.1 above, subject, however, to all reasonable security requirements of BBH&Co. then applicable to the records of its customers generally; and 12.3 make available to the Fund all Electronic Reports; it being understood that BBH&Co. shall not be liable hereunder for Electronic Reports are subject to the inaccuracy or incompleteness thereof or for errors in any information included thereinterms of Schedule II, the Electronic and On-Line Services Schedule. 12.4 The Fund shall examine all records, howsoever however produced or transmitted, promptly upon receipt and notify BBH&Co. promptly of any discrepancy or error. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 The Fund acknowledges that the Custodian obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but the Fund acknowledges and agrees that the Custodian does not verify such information nor make any representations or warrantees as to its accuracy or completeness and accordingly shall be without liability in selecting and using such sources and furnishing such information.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (Krane Shares Trust)

Reports and Records. BBH&Co. 11.1 The Custodian shall: 12.1 11.1.1 create and maintain records relating to the performance of its obligations under this Agreement; 12.2 11.1.2 make available to the Fund, its auditors, agents and employees, upon reasonable request and during normal business hours of the Fund and BBH&Co.the Custodian, all records maintained by BBH&Co. the Custodian pursuant to Section 12.1 11.1.1 above, subject, however, to all reasonable security requirements of BBH&Co. the Custodian then applicable to the records of its custody customers generally; and 12.3 11.1.3 make available to the Fund all Electronic Reports; it being understood that BBH&Co. the Custodian shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included therein. 12.4 11.2 The Fund shall examine all records, howsoever produced or transmitted, promptly upon receipt and notify BBH&Co. the Custodian promptly of any discrepancy or error. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 11.3 The Fund acknowledges that the Custodian obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but the Fund acknowledges and agrees that the Custodian does not verify such information nor make any representations or warrantees as to its accuracy or completeness and accordingly shall be without liability in selecting and using such sources and furnishing such information.

Appears in 1 contract

Samples: Custodian Agreement (WEBs ETF Trust)

Reports and Records. BBH&Co. CBC shall: 12.1 8.1 create and maintain records relating to the performance of its obligations under this AgreementAgreement (including such reports as may be required pursuant to Section 31(a) of the 1940 Act and the rules thereunder); 12.2 8.2 make available to and copy for the Fund (at the Fund's expense), its auditors, agents and employees, upon reasonable request and during its normal business hours of the Fund and BBH&Co.hours, all records maintained by BBH&Co. CBC pursuant to Section 12.1 8.1 above, subject, however, to all reasonable security requirements of BBH&Co. CBC then applicable to the records of its customers generally; and 12.3 8.3 make available to the Fund all Electronic Reports; it being understood that BBH&Co. CBC shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included therein. 12.4 8.4 The Fund shall examine all records, howsoever however produced or transmitted, promptly upon receipt and notify BBH&Co. CBC promptly of any discrepancy or error. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 8.5 The Fund acknowledges that the Custodian obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but the Fund acknowledges and agrees that the Custodian does not verify such information nor make any representations or warrantees as to its accuracy or completeness and accordingly shall be without liability in selecting and using such sources and furnishing such information.

Appears in 1 contract

Samples: Limited Purpose Tri Party Custodian Agreement (Vertical Capital Income Fund)

Reports and Records. BBH&Co. shall: 12.1 create and maintain records relating to the performance of its obligations under this AgreementAgreement (including such reports as the Fund may reasonably request as necessary for the Fund to satisfy its obligations pursuant to Section 31(a) of the 1940 Act and the rules thereunder); 12.2 make available and, upon the Fund’s reasonable request and expense, copy for and mail to the Fund, its auditors, agents and employees, upon reasonable request and during normal business hours of the Fund and BBH&Co., all records maintained by BBH&Co. pursuant to Section 12.1 above, subject, however, to all reasonable security requirements of BBH&Co. then applicable to the records of its customers generally; and 12.3 make available to the Fund all Electronic Reports; it being understood that BBH&Co. shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included therein. 12.4 The Fund shall examine all records, howsoever produced or transmitted, promptly upon receipt and notify BBH&Co. promptly of any discrepancy or error. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 The Fund acknowledges that the Custodian obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but the Fund acknowledges and agrees that the Custodian does not verify such information nor make any representations or warrantees as to its accuracy or completeness and accordingly shall be without liability in selecting and using such sources and furnishing such information.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (Ultimus Managers Trust)

Reports and Records. BBH&Co. shall: 12.1 create and maintain records relating to the performance of its obligations under this Agreement; 12.2 make available to the Fund, its auditors, agents and employees, upon reasonable request and during normal business hours of the Fund and BBH&Co., all records maintained by BBH&Co. pursuant to Section 12.1 above, subject, however, to all reasonable security requirements of BBH&Co. then applicable to the records of its customers generally; and 12.3 make available to the Fund all Electronic Reports; it being understood that BBH&Co. shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included thereintherein except to the extent such inaccuracies or incompleteness were directly caused by the Custodian’s failure to meet the standard of care under Section 9 of this Agreement. 12.4 The Fund shall examine all records, howsoever produced or transmitted, promptly upon receipt and notify BBH&Co. promptly of any discrepancy or error. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt of the records, the records shall be deemed to be true and accurate. 12.5 The Fund acknowledges that the Custodian obtains information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but the Fund acknowledges and agrees that the Custodian does not verify such information nor make any representations or warrantees as to its accuracy or completeness and accordingly shall be without liability in selecting and using such sources and furnishing such information.

Appears in 1 contract

Samples: Custodian Agreement (Engine No. 1 ETF Trust)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!