Common use of SUBCUSTODIANS Clause in Contracts

SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a Subcustodian for all or any part of the Fund's assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the Fund by the Subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian Agreement. Notwithstanding anything contained herein, if the Fund requires the Custodian to engage specific Subcustodians for the safekeeping and/or clearing of assets, the Fund agrees to indemnify and hold harmless Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian in regard to the Fund's assets, except as may arise from its own negligent action, negligent failure to act or willful misconduct.

SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a Subcustodian for all or any part of the Fund's Funds' assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the Fund Funds by the Subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian Agreement. Notwithstanding anything contained herein, if the Fund Funds requires the Custodian to engage specific Subcustodians for the safekeeping and/or clearing of assets, the Fund Funds agrees to indemnify and hold harmless Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian in regard to the Fund's Funds' assets, except as may arise from its own negligent action, negligent failure to act or willful misconduct.

SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a Subcustodian for all or any part of the Fund's Funds' assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the Fund Funds by the Subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian Agreement. Notwithstanding anything contained herein, if the Fund requires Funds require the Custodian to engage specific Subcustodians for the safekeeping and/or clearing of assets, the Fund agrees Funds agree to indemnify and hold harmless Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian in regard to the Fund's Funds' assets, except as may arise from its own negligent action, negligent failure to act or willful misconduct.

SUBCUSTODIANS. The Custodian is hereby authorized to engage another a bank or trust company as a Subcustodian subcustodian for all or any part of the Fund's Trust’s assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars two million dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodiansubcustodian, the Custodian shall will remain fully liable and responsible for any losses caused to the Fund Trust by the Subcustodian subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian this Agreement. Notwithstanding anything contained herein, if the Fund Trust requires the Custodian to engage specific Subcustodians subcustodians for the safekeeping and/or clearing of portfolio assets, the Fund Trust agrees to indemnify and hold harmless the Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian subcustodian in regard to the Fund's Trust’s assets, except as may arise from its own grossly negligent action, grossly negligent failure to act or willful misconduct.

SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a Subcustodian for all or any part of the FundTrust's assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the Fund Trust by the Subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian Agreement. Notwithstanding anything contained herein, if the Fund Trust requires the Custodian to engage specific Subcustodians for the safekeeping and/or clearing of assets, the Fund Trust agrees to indemnify and hold harmless Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian in regard to the FundTrust's assets, except as may arise from its own negligent action, negligent failure to act or willful misconduct.

SUBCUSTODIANS. The Custodian is hereby authorized to engage another bank or trust company as a Subcustodian subcustodian for all or any part of the FundTrust's assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars two million dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodiansubcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the Fund Trust by the Subcustodian subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian this Agreement. Notwithstanding anything contained herein, if the Fund Trust requires the Custodian to engage specific Subcustodians subcustodians for the safekeeping and/or clearing of assets, the Fund Trust agrees to indemnify and hold harmless the Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian in regard to the FundTrust's assets, except as may arise from its own negligent action, negligent failure to act or willful misconduct.

SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a Subcustodian for all or any part of the Fund's Funds' assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars ($2,000,000) and provided PROVIDED further that, if the Custodian utilizes the services of a Subcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the Fund Funds by the Subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian Agreement. Notwithstanding anything contained herein, if the Fund requires Funds require the Custodian to engage specific Subcustodians for the safekeeping and/or clearing of assets, the Fund agrees Funds agree to indemnify and hold harmless Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian in regard to the Fund's Funds' assets, except as may arise from its own negligent action, negligent failure to act or willful misconduct.

SUBCUSTODIANS. The Custodian is hereby authorized to engage another a bank or trust company as a Subcustodian subcustodian for all or any part of the Fund's Trust’s assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars two million dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodiansubcustodian, the Custodian shall will remain fully liable and responsible for any losses caused to the Fund Trust by the Subcustodian subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian this Agreement. Notwithstanding anything contained herein, if the Fund Trust requires the Custodian to engage specific Subcustodians subcustodians for the safekeeping and/or clearing of assets, the Fund Trust agrees to indemnify and hold harmless the Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian subcustodian in regard to the Fund's Trust’s assets, except as may arise from its own negligent action, negligent failure to act or willful misconduct.

SUBCUSTODIANS. The Custodian is hereby authorized to engage another bank or trust company as a Subcustodian (a" Subcustodian") for all or any part of the Fund's assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the Fund by the Subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian this Agreement. Notwithstanding anything contained herein, if the Fund requires the Custodian to engage specific Subcustodians for the safekeeping and/or clearing of assets, the Fund agrees to indemnify and hold harmless the Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian Subcustodians in regard to the Fund's assets, except as may arise from its own negligent action, negligent failure to act act, bad faith or willful misconduct.

SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a Subcustodian for all or any part of the Fund's Funds' assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the Fund Funds by the Subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian Agreement. Notwithstanding anything contained herein, if the Fund requires Funds require the Custodian to engage specific Subcustodians for the safekeeping and/or clearing of assets, the Fund agrees Funds agree to indemnify and hold harmless Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian in regard to the Fund's Funds' assets, except as may arise from its their own negligent action, negligent failure to act or willful misconduct.

SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a Subcustodian for all or any part of the FundTrust's assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars ($2,000,0005,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the Fund Trust by the Subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian Agreement. Notwithstanding anything contained herein, if the Fund Trust requires the Custodian to engage specific Subcustodians for the safekeeping and/or clearing of assets, the Fund Trust agrees to indemnify and hold harmless Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian in regard to the FundTrust's assets, except as may arise from its own negligent action, negligent failure to act or willful misconduct.

SUBCUSTODIANS. The Custodian is hereby authorized to engage another bank or trust company as (a Subcustodian "Subcustodian") for all or any part of the Fund's assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the Fund by the Subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian this Agreement. Notwithstanding anything contained herein, if the Fund requires the Custodian to engage specific Subcustodians for the safekeeping and/or clearing of assets, the Fund agrees to indemnify and hold harmless the Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian Subcustodians in regard to the Fund's assets, except as may arise from its own negligent action, negligent failure to act act, bad faith or willful misconduct.

SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a Subcustodian for all or any part of the Fund's assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the Fund by the Subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian Agreement. Notwithstanding anything contained herein, if the Fund requires require the Custodian to engage specific Subcustodians for the safekeeping and/or clearing of assets, the Fund agrees agree to indemnify and hold harmless Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian in regard to the Fund's assets, except as may arise from its their own negligent action, negligent failure to act or willful misconduct.

SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a Subcustodian for all or any part of the Fund's assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the Fund by the Subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian Agreement. Notwithstanding anything contained herein, if the Fund requires the Custodian to engage specific Subcustodians for the safekeeping and/or clearing of assets, the Fund agrees to indemnify and hold harmless Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian in regard to the Fund's assets, except as may arise from its own negligent action, negligent failure to act or willful misconduct.

SUBCUSTODIANS. The Custodian is hereby authorized to engage another a bank or trust company as a Subcustodian subcustodian for all or any part of the FundTrust's assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars two million dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodiansubcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the Fund Trust by the Subcustodian subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian this Agreement. Notwithstanding anything contained herein, if the Fund Trust requires the Custodian to engage specific Subcustodians subcustodians for the safekeeping and/or clearing of assets, the Fund Trust agrees to indemnify and hold harmless the Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian in regard to the FundTrust's assets, except as may arise from its own negligent action, negligent failure to act or willful misconduct.

SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a Subcustodian for all or any part of the Fund's assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the Fund by the Subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian Agreement. Notwithstanding anything contained herein, if the Fund requires require the Custodian to engage specific Subcustodians for the safekeeping and/or clearing of assets, the Fund agrees agree to indemnify and hold harmless Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian in regard to the Fund's assets, except as may arise from its own negligent action, negligent failure to act or willful misconduct.

SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a Subcustodian for all or any part of the FundCompany's assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodian, the Custodian shall obtain preapproval by the Company and remain fully liable and responsible for any losses caused to the Fund Company by the Subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian Agreement. Notwithstanding anything contained herein, if the Fund Company requires the Custodian to engage specific Subcustodians for the safekeeping and/or clearing of assets, the Fund Company agrees to indemnify and hold harmless Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian in regard to the FundCompany's assets, except as may arise from its own negligent action, negligent failure to act or willful misconduct.

SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a Subcustodian for all or any part of the FundTrust's assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the Fund Trust by the Subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian Agreement. Notwithstanding Nothwithstanding anything contained herein, if the Fund Trust requires the Custodian to engage specific Subcustodians for the safekeeping and/or clearing of assets, the Fund Trust agrees to indemnify and hold harmless Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian in regard to the FundTrust's assets, except as may arise from its own negligent action, negligent failure to act or willful misconduct.

SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a Subcustodian for all or any part of the assets of any Fund's assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the applicable Fund by the Subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian this Agreement. Notwithstanding anything contained herein, if any of the Fund Funds requires the Custodian to engage specific Subcustodians for the safekeeping and/or clearing of assets, the such Fund agrees to indemnify and hold harmless Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian in regard to the such Fund's assets, except as may arise from its own negligent action, negligent failure to act or willful misconduct.

SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a Subcustodian for all or any part of the Fund's assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the Fund by the Subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian Agreement. Notwithstanding anything contained herein, if the Fund requires require the Custodian to engage specific Subcustodians for the safekeeping and/or clearing of assets, the Fund agrees agree to indemnify and hold harmless Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian in regard to the Fund's Fund assets, except as may arise from its their own negligent action, negligent failure to act or willful misconduct.

SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a Subcustodian for all or any part of the Fund's Funds' assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars two million dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the Fund Funds by the Subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian Agreement. Notwithstanding anything contained herein, if the Fund Funds requires the Custodian to engage specific Subcustodians for the safekeeping and/or clearing of assets, the Fund agrees Funds agree to indemnify and hold harmless Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian in regard to the Fund's Funds' assets, except as may arise from its own negligent action, negligent failure to act or willful misconduct.

SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a Subcustodian for all or any part of the Fund's Funds' assets, so long as any such bank or trust company is a bank or trust company organized under the laws of any state of the United States, having an aggregate capital, surplus and undivided profit, as shown by its last published report, of not less than Two Million Dollars ($2,000,000) and provided further that, if the Custodian utilizes the services of a Subcustodian, the Custodian shall remain fully liable and responsible for any losses caused to the Fund Funds by the Subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of the Custodian Agreement. Notwithstanding anything contained herein, if the Fund requires Funds require the Custodian to engage specific Subcustodians for the safekeeping and/or clearing of assets, the Fund agrees Funds agree to indemnify and hold harmless Custodian from all claims, expenses and liabilities incurred or assessed against it in connection with the use of such Subcustodian in regard to the Fund's Funds assets, except as may arise from its their own negligent action, negligent failure to act or willful misconduct.