SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a subcustodian for all or any part of the Company's assets, so long as any such bank or trust company is itself qualified under the 1940 Act and the rules and regulations thereunder 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 Company by the subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of this Agreement. Notwithstanding anything contained herein, if the Company requires the Custodian to engage specific subcustodians for the safekeeping and/or clearing of assets, the 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 Company's assets, except as may arise from Custodian's own bad faith, negligent action, negligent failure to act or willful misconduct.
Appears in 15 contracts
Samples: Custodian Servicing Agreement (Bearguard Funds Inc), Custodian Servicing Agreement (LCM Internet Growth Fund Inc), Custodian Servicing Agreement (Light Index Fund Inc)
SUBCUSTODIANS. The Custodian is hereby authorized to engage another bank or trust company as a subcustodian for all or any part of the Company's assets, so long as any such bank or trust company is itself qualified under the 1940 Act and the rules and regulations thereunder thereunder, 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 Company by the subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of this Agreement. Notwithstanding anything contained herein, if the Company requires the Custodian to engage specific subcustodians for the safekeeping and/or clearing of assets, the Company 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 Company's assets, except as may arise from the Custodian's own bad faith, negligent action, negligent failure to act or willful misconduct.
Appears in 3 contracts
Samples: Custodian Agreement (Amquest Matrix Funds Inc), Custodian Agreement (Rockland Funds Trust), Custodian Agreement (Rockland Funds Trust)
SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a subcustodian for all or any part of the Company's assets, so long as any such bank or trust company is itself qualified under the 1940 Act and the rules and regulations thereunder 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 Company by the subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of this 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 Fund Company's assets, except as may arise from Custodian's own bad faith, negligent action, negligent failure to act or willful misconduct.
Appears in 2 contracts
Samples: Custodian Servicing Agreement (Catholic Alliance Funds Inc), Custodian Servicing Agreement (Catholic Alliance Funds Inc)
SUBCUSTODIANS. A. Custodian is hereby authorized to engage another bank or trust company as a subcustodian for all or any part of the Companyeach Fund's assets, so long as any such bank or trust company is itself qualified under the 1940 Act and the rules and regulations thereunder 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 each Company by the subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of this Agreement. .
B. Notwithstanding anything contained herein, if the a Company requires the Custodian to engage specific subcustodians for the safekeeping and/or clearing of assets, the each such 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 a Company's assets, except as may arise from Custodian's own bad faith, negligent action, negligent failure to act act, willful misconduct or willful misconductbreach of this Agreement.
Appears in 2 contracts
Samples: Custodian Servicing Agreement (Iai Investment Funds Vi Inc), Custodian Servicing Agreement (Iai Investment Funds Vi Inc)
SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a subcustodian for all or any part of the Company's assets, so long as any such bank or trust company is itself qualified under the 1940 Act and the rules and regulations thereunder 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 Company Trust by the subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of this Agreement. Notwithstanding anything contained herein, if the Company Trust requires the Custodian to engage specific subcustodians for the safekeeping and/or clearing of assets, the Company 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 Company's assets, except as may arise from Custodian's own bad faith, negligent action, negligent failure to act or willful misconduct.
Appears in 2 contracts
Samples: Custodian Servicing Agreement (Brazos Mutual Funds), Custodian Servicing Agreement (Zacks Series Trust)
SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company Trust companies as a subcustodian for all or any part of the Company's Companies assets, so long as any such bank or trust company Trust companies is itself qualified under the 1940 Act and the rules and regulations thereunder 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 Company Trust by the subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of this Agreement. Notwithstanding anything contained herein, if the Company Trust requires the Custodian to engage specific subcustodians for the safekeeping and/or clearing of assets, the Company 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 Company's Companies assets, except as may arise from Custodian's own bad faith, negligent action, negligent failure to act or willful misconduct.
Appears in 2 contracts
Samples: Custodian Servicing Agreement (Ingenuity Capital Trust), Custodian Servicing Agreement (Ingenuity Capital Trust)
SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company Company companies as a subcustodian for all or any part of the Company's Companies assets, so long as any such bank or trust company Company companies is itself qualified under the 1940 Act and the rules and regulations thereunder 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 Company by the subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of this Agreement. Notwithstanding anything contained herein, if the Company requires the Custodian to engage specific subcustodians for the safekeeping and/or clearing of assets, the 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 Company's Companies assets, except as may arise from Custodian's own bad faith, negligent action, negligent failure to act or willful misconduct.
Appears in 1 contract
Samples: Custodian Servicing Agreement (Nicholas Family of Funds Inc)
SUBCUSTODIANS. Custodian is hereby authorized to engage another bank or trust company as a subcustodian for all or any part of the CompanyTrust's assets, so long as any such bank or trust company is itself qualified under the 1940 Act and the rules and regulations thereunder 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 Company Trust by the subcustodian as fully as if the Custodian was directly responsible for any such losses under the terms of this Agreement. Notwithstanding anything contained herein, if the Company Trust requires the Custodian to engage specific subcustodians for the safekeeping and/or clearing of assets, the Company 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 CompanyTrust's assets, except as may arise from Custodian's own bad faith, negligent action, negligent failure to act or willful misconduct.
Appears in 1 contract
Samples: Custodian Servicing Agreement (Lord Asset Management Trust)