Common use of Tax Obligations Clause in Contracts

Tax Obligations. For purposes of this Agreement, “Tax Obligations” shall mean taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expenses. To the extent that the Custodian has received relevant and necessary information with respect to the account, the Custodian shall perform the following services with respect to Tax Obligations: a. The Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient information; b. The Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructions; and c. The Custodian shall provide to the Fund or the Authorized Person such information received by the Custodian which could, in the Custodian’s reasonable belief, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund and agreed to by the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund or the account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 25 contracts

Samples: Mutual Fund Custody and Services Agreement (Delaware Investments National Municipal Income Fund), Mutual Fund Custody and Services Agreement (Delaware Group Equity Funds Iv), Mutual Fund Custody and Services Agreement (Voyageur Mutual Funds Ii)

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Tax Obligations. For purposes of this Agreement, “Tax Obligations” Each Series shall mean be liable for all taxes, withholdingassessments, certification duties and reporting requirementsother governmental charges, claims for exemptions or refund, interest, including interest and penalties, additions with respect to tax any cash and other Securities held on behalf of such Series and any transaction related expensesthereto. To the extent that the Custodian has received relevant and necessary information with respect to the accountan Account, the Custodian shall perform the following services with respect to Tax Obligations: a. (a) The Custodian shall, upon receipt of sufficient information prior to Custodian’s deadlines, which are based on statutes of limitations in each market (which deadlines and statutes of limitations shall be sent in advance to the Funds), file claims for exemptions or refunds with respect to withheld foreign (non-U.S.United States) taxes in instances in which such claims are appropriate upon receipt of sufficient informationappropriate; b. (b) The Custodian shall withhold appropriate amounts, as required by U.S. United States tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructions; and c. (c) The Custodian shall provide to the a Fund or the Authorized Person such information received by the Custodian which (in its capacity as custodian) that could, in the Custodian’s reasonable beliefbelief (or upon a Fund request), assist the Fund or the Authorized Person its designee in the submission of any reports or returns with respect to Tax ObligationsObligations or reclaims. The Fund An Authorized Person shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. (d) The Custodian shall provide such other services ensure that tax reclaims are filed within the required deadlines and shall put in place procedures and/or mechanisms to identify and inform a Fund of any exceptions and/or discrepancies. Custodian shall inform a Fund via NetInfo or similar notification (which notification shall be sent to the Fund) of any changes in the market that would impact a Fund’s ability to file and/or collect outstanding tax reclaims. Subject to and to the extent of receipt by the Custodian of relevant and necessary documentation and information prior to the Custodian’s deadlines (which deadlines shall be sent in advance to the Funds) with respect to Tax Obligations, including preparation the Funds and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund and agreed to by Series that the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund or the account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodianhas requested, the Custodian shall have no obligations perform the following services: (a) withhold or liability cause to be withheld the amount of tax which is required to be withheld under applicable tax law upon collection of any dividend, interest or other distribution with respect to Tax Obligations, including, without limitation, any obligation to file U.S. or submit returns non-U.S. securities and proceeds or reports with any state, foreign income from the sale or other taxing authorities. e. In making payments transfer of such securities held in custody with the Custodian; (b) maintain tax entitlement records for possible tax benefits available in markets of investment and monitor tax entitlements and tax reclaim records based on current situations in markets of investment to service providers pursuant protect a Fund’s entitlements; (c) where a Fund is eligible, based upon its fiscal domicile and legal structure, coordinate tax exemption applications and reduction at source documentation requirements and file (or cause to Instructions, be filed) the documentation with the appropriate market authorities on a Fund’s behalf; (d) file (or cause to be filed) tax reclaims for those markets in which the Custodian has notified the Fund acknowledges that it offers tax reclaims on an ongoing basis on behalf of a Fund; and (e) make available to the Funds such information actually received by the Custodian is acting as a paying agent that could, in the Custodian’s reasonable belief and not as sole discretion, assist any of the payor, for tax information reporting and withholding purposesFunds in their submission of any reports or returns with respect to taxes.

Appears in 5 contracts

Samples: Custody Agreement (Aim Investment Securities Funds (Invesco Investment Securities Funds)), Custody Agreement (Aim Variable Insurance Funds (Invesco Variable Insurance Funds)), Custody Agreement (Invesco Management Trust)

Tax Obligations. For purposes of this Agreement, “Tax Obligations” shall mean taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expenses. To the extent that the Custodian has received relevant and necessary information with respect to the account, the Custodian shall perform the following services with respect to Tax Obligations: a. The Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient informationappropriate; b. The Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructionsaliens; and c. The Custodian shall provide to the Fund or the Authorized Person such information received by the Custodian which could, in the Custodian’s reasonable belief, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. . The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund and agreed to by the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund or the account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. . In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 4 contracts

Samples: Custody Agreement (American Independence Funds Trust), Custody Agreement (American Independence Funds Trust), Custody Agreement (American Independence Funds Trust)

Tax Obligations. For purposes ‌ (a) The Beneficiary and the Trustee acknowledge that it is intended that the Fund will incur and pay Tax Obligations in relation to the Fund and that the Beneficiary may be required to pay or may incur taxes attributable to the income of this Agreementthe Fund. (b) The Trustee shall prepare and file or issue, “Tax Obligations” shall mean taxeson a timely basis, withholdingall income tax returns, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax elections and other related expensesforms which, by virtue of the Tax Legislation, the Trustee is required to file or issue in respect of each taxation year of the Trust, including the fiscal year ending on termination of the Fund, and, upon receipt of a Beneficiary Direction, such other returns and forms as may be required under Applicable Law. The Trustee may retain an Advisor in respect of all such returns and other filings, selected in accordance with the Standard of Care, provided that the Trustee shall be deemed to have met the Standard of Care if it retains the auditor of the Trust for such purpose. (c) The Trustee shall provide the Contributor and Beneficiary with drafts of all such filings at least 30 days before they are due in order to permit the Contributor and Beneficiary to comment thereon and shall provide copies of all such filings once made, to the Beneficiary and the Contributor. (d) Where a tax return, election or other form is required to be filed or issued or tax is payable as a result of any action of an Investment Manager, the Investment Manager shall inform the Trustee, the Contributor and the Beneficiary in writing that such return or form must be filed or issued or that such tax is payable. To the extent that the Custodian has received relevant Trustee is responsible under any Applicable Law for any Tax Obligation and the Trustee does not have the necessary information for the performance of its obligations hereunder, the Contributor, Investment Manager or Beneficiary, as applicable, shall promptly upon request provide the Trustee with all information required by the Trustee in respect of such Tax Obligations. The Trustee shall not be required to prepare, file or issue any return or form unless it has the information necessary to prepare, file or issue such return or form. (e) The Trustee shall use all reasonable efforts (not including the payment of money), based upon available information, to assist the Beneficiary with respect to any Tax Obligations imposed or asserted against the account, the Custodian shall perform the following services with respect to Tax Obligations: a. The Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in Beneficiary which such claims are appropriate upon receipt of sufficient information; b. The Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructions; and c. The Custodian shall provide relate to the Fund or the Authorized Person such information received income of the Fund. Provided that the Trustee abides by the Custodian which couldStandard of Care, in the Custodian’s reasonable belief, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund and agreed to by the Custodian in writing. The Custodian Trustee shall have no independent obligation responsibility or liability for any assistance provided to determine the existence of any information with respect to, or the extent of, Beneficiary for any Tax Obligations now or hereafter imposed on the Beneficiary or the Fund or the account Trustee in respect of the Fund by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 3 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

Tax Obligations. For purposes of this Agreement, “Tax Obligations” shall mean taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expenses. To the extent that the Custodian has received relevant and necessary information with respect to the account, the Custodian shall perform the following services with respect to Tax Obligations: a. The Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient information; b. The Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructions; and c. The Custodian shall provide to the Fund or the Authorized Person such information received by the Custodian which could, in the Custodian’s reasonable belief, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. . The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund and agreed to by the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund or the account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. . In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 3 contracts

Samples: Mutual Fund Custody and Services Agreement (Gabelli Global Deal Fund), Mutual Fund Custody and Services Agreement (Gabelli Global Healthcare & WellnessRx Trust), Mutual Fund Custody and Services Agreement (Gabelli SRI Fund, Inc.)

Tax Obligations. For purposes of this Agreement, "Tax Obligations" shall mean taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expenses. To the extent that the Custodian has received relevant and necessary information with respect to the Fund's account, the Custodian shall perform the following services with respect to Tax Obligations: a. The (a) the Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient informationappropriate; b. The (b) the Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructionsaliens; and c. The (c) the Custodian shall provide to the Fund or the an Authorized Person such information received by the Custodian which could, in the Custodian’s 's reasonable belief, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. . The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund and agreed to by the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund or the its account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. . In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 3 contracts

Samples: Mutual Fund Custody and Services Agreement (Dreyfus Dynamic Alternatives Fund, Inc.), Mutual Fund Custody and Services Agreement (Dreyfus Premier Tp Balanced Fund), Mutual Fund Custody and Services Agreement (Dreyfus Municipal Bond Fund)

Tax Obligations. For purposes The Beneficiaries shall pay, as applicable, and without limitation, all taxes of any kind, contributions, and other tax liabilities that may be payable, imposed, or assessed in connection with executing this Agreement, and the distributions received pursuant hereto (jointly, Tax Obligations” Taxes”), and the Trustee shall mean not be liable in connection with the foregoing. The Trustee shall not be required to calculate, withhold, and pay any taxes, withholdingassessments, certification and reporting requirementsfees, claims for exemptions or refundduties, interest, penalties, additions to tax and other related expenses. To the extent that the Custodian has received relevant and necessary information with respect to the account, the Custodian shall perform the following services with respect to Tax Obligations: a. The Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient information; b. The Custodian shall withhold appropriate amounts, except as required by U.S. Applicable Law. If for any reason the Trustee receives notice from any tax lawsauthority regarding any interpretation that the activities that are the subject matter of this Agreement are deemed taxable and thus, the Trustee were required to withhold and pay any Taxes pursuant to this Agreement, or any action associated with it, and the Beneficiaries, as applicable, ignore the notice that the Trustee shall make of such events, and fail to appoint their respective representatives to defend the Trust Property (as applicable to each of the Beneficiaries), the liable party, pursuant to what has been agreed herein, agrees to indemnify, and assist and provide the necessary funds, and hold the Trustee, its shareholders, directors, trust officers, attorneys-in-fact, representatives, advisors, or employees harmless against any actions in connection with such withholdings and payments, and if it were fined, or otherwise sanctioned, the liable party pursuant to what has been agreed herein, agrees to directly and immediately reimburse any expense or disbursement that the Trustee makes on this regard. The Trustee shall at all times have the right to be represented, at the expense of the Trust Property (as applicable to the liable Beneficiary), by its own attorneys, advisors, and tax specialists in connection with any tax obligations charged to it. Pursuant to the foregoing, the Beneficiary that is liable for the failure to pay taxes agrees to indemnify, defend, and hold the Trustee, its shareholders, directors, trust officers, attorneys-in-fact, representatives, advisors, or employees harmless from any liability and damages associated with payment of Taxes (including the reasonable, and arm’s length fees and expenses of tax advisors and attorneys) resulting from entering into or performing under this Agreement. If applicable, the obligations resulting from the Foreign Account Tax Compliance Act (hereinafter “FATCA”) in connection with the OBM Shares under this Agreement, shall be at the expense of the Beneficiaries jointly and in equal portions (50% Beneficiary A and 50% Beneficiary B), for which, for the purpose of complying with such obligations, the parties agree that the Trustee, as applicable, may grant a power of attorney with the required authorities to the person(s) that are designated by the Beneficiaries, as applicable, as external advisors. Pursuant to the foregoing, the parties set forth that the Trustee shall not be liable for the actions of the designated external advisors, with respect to amounts received on behalf its obligation ceasing when the aforementioned power of nonresident aliens upon receipt of Instructions; and c. attorney is granted. The Custodian Trustee and Beneficiaries, as applicable, shall provide to the Fund or the Authorized Person such all documentation and information received by the Custodian that they have, which could, in the Custodian’s reasonable belief, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as is reasonably requested by the Fund external advisors designated to comply with the FATCA obligations. The parties agree that all expenses, duties, taxes, commissions, fees, and agreed other disbursements that, as applicable, are generated in connection with this Clause, shall be paid at the expense of the Trust Property (as applicable to the liable Beneficiary) and, if there are no funds, or these are insufficient, they shall be settled directly by the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect toBeneficiaries, or the extent of, any Tax Obligations now or hereafter imposed on the Fund or the account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authoritiesapplicable. e. In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 2 contracts

Samples: Irrevocable Management Trust Agreement (OncBioMune Pharmaceuticals, Inc), Irrevocable Management Trust Agreement (OncBioMune Pharmaceuticals, Inc)

Tax Obligations. For purposes of this Agreement, “Tax Obligations” shall mean taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expenses. To the extent that the Custodian has received relevant and necessary information with respect to the Fund’s account, the Custodian shall perform the following services with respect to Tax Obligations: a. The the Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient informationappropriate; b. The the Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructionsaliens; and c. The the Custodian shall provide to the Fund or the an Authorized Person such information received by the Custodian which could, in the Custodian’s reasonable belief, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. . The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund and agreed to by the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund or the its account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. . In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.. J42-036-IV-058-#9

Appears in 2 contracts

Samples: Mutual Fund Custody and Services Agreement (Dreyfus a Bonds Plus Inc), Mutual Fund Custody and Services Agreement (Dreyfus Growth Opportunity Fund Inc)

Tax Obligations. For purposes of this Agreement, “Tax Obligations” shall mean taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expenses. To the extent that the Custodian has received relevant and necessary information with respect to the accounta Fund, the Custodian shall perform the following services with respect to Tax Obligations: a. The the Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient informationappropriate; b. The the Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructionsaliens; and c. The the Custodian shall provide to the Fund or the Authorized Person such information received by the Custodian which could, in the Custodian’s reasonable belief, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. . The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund and agreed to by the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund or the account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 2 contracts

Samples: Mutual Fund Custody and Services Agreement (Gabelli Utility Trust), Mutual Fund Custody and Services Agreement (Gabelli Equity Trust Inc)

Tax Obligations. For purposes of this Agreement, “Tax Obligations” shall mean (a) The Trust authorizes the Custodian (or its foreign custodian) to deduct from the Account (or withhold from any transaction or payment) any income or other taxes, withholdinglevies, certification and reporting requirements, claims for exemptions penalties or refund, interest, penalties, additions to tax and other related expenses. To the extent that the Custodian has received relevant and necessary information with respect to the account, the Custodian shall perform the following services with respect to Tax Obligations: a. The Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient information; b. The Custodian shall withhold appropriate amounts, as interest required by U.S. tax lawsany revenue or governmental authority for whatever reason in respect of the Account, with respect to amounts received on behalf save where such penalties or interest is the direct result of nonresident aliens upon receipt the fraud, willful misconduct or negligence of Instructions; and c. The Custodian shall provide to the Fund or the Authorized Person such information received by the Custodian which could, in the Custodian’s reasonable belief, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. (b) The Trust shall promptly deliver to the Custodian shall provide such other services documents, attestations, affidavits or certificates as the Custodian may reasonably require in connection with the Trust’s tax residency and status (“Tax Documents”). The Trust represents and warrants that such Tax Documents are true, accurate and not misleading in every respect and reflect the Trust’s full understanding of its tax status including its eligibility for tax relief or exemption from tax where applicable; and undertakes to Tax Obligationsnotify the Custodian as soon as reasonably practicable if any information contained therein requires updating or correcting. The Trust acknowledges that it is ultimately responsible on an ongoing basis for determining its tax status in each jurisdiction, including preparation and filing of tax returns and reports and payment of amounts due (its eligibility to claim any applicable reliefs pursuant to the extent funded)relevant tax treaties in force from time to time. Upon request from the relevant tax authority, as requested by the Fund and agreed to by or where it forms part of an established market process or reporting requirement, the Custodian in writing. (or its foreign custodian) may share such Tax Documents with any relevant tax authority. (c) The Custodian shall have no independent obligation to determine the existence of carry out any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund or the account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability investigation with respect to the information provided in the Tax ObligationsDocuments, includingand the Trust will hold the Custodian harmless from any liability resulting from: 1. the Trust’s provision of, without limitationor failure to provide, any obligation to file or submit returns or reports with any state, foreign or other taxing authoritiescomplete and accurate information. e. In making payments 2. the withholding of material information by the Trust or any third party. (d) The Trust acknowledges that in the event that it does not, on a timely basis, deliver to service providers the Custodian any Tax Documents requested under Paragraph 25(b) above, that the Trust may become liable for, and the Custodian may deduct Cash from the Account, additional tax in respect of the securities held by the Custodian (or any foreign custodian) pursuant to Instructions, the Fund this agreement. The Trust further acknowledges that the Custodian may also be restricted in its ability to provide other components of the services provided hereunder in the event it does not deliver to the Custodian such Tax Documents. (e) The Custodian may assume, unless instructed in writing otherwise, that the Trust is acting as a paying agent the beneficial owner of all assets held in the Account and not as the payorcash in an Off-Book Cash Account, from time to time, and all resultant income. The Trust shall notify the Custodian promptly of any change in its status or residence. The Trust shall be liable for tax information reporting and withholding purposesany consequences resulting from its failure to fulfill its obligations under this Paragraph 26.

Appears in 2 contracts

Samples: Custody Agreement (MidBridge Private Markets Fund), Custody Agreement (Northern Lights Fund Trust Iii)

Tax Obligations. For purposes of this Agreement(a) The Company and the Trustee acknowledge that it is intended that the FundTrust will incur and pay Tax Obligations in relation toof the FundTrust. (b) The Trustee shall prepare and file or issue, “Tax Obligations” shall mean taxeson a timely basis, withholdingall income tax returns, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax elections and other related expensesforms which, by virtue of the Tax Legislation, the Trustee is required to file or issue in respect of each taxation year of the Trust, including the fiscal year ending on termination of the Fund, and any such other returns and forms as may be required under Applicable Law. The Trustee may retain an Advisor in respect of all such returns and other filings, selected in accordance with the Standard of Care, provided that the Trustee shall be deemed to have met the Standard of Care if it retains the auditor of the Trust for such purpose. (c) The Trustee shall provide the Company with drafts of all such filings at least 30 days before they are due in order to permit the Company to comment thereon and shall provide copies of all such filings once made, to the Company. (d) Where a tax return, election or other form is required to be filed or issued or tax is payable as a result of any action of an Investment Manager, the Investment Manager shall inform the Trustee, the Company, and the Beneficiary in writing that such return or form must be filed or issued or that such tax is payable. To the extent that the Custodian has received relevant Trustee is responsible under any Applicable Law for any Tax Obligation and the Trustee does not have the necessary information for the performance of its obligations hereunder, the Company shall promptly upon request provide the Trustee with all information required by the Trustee in respect of such Tax Obligations. The Trustee shall not be required to prepare, file or issue any return or form unless it has the information necessary to prepare, file or issue such return or form. (e) The Trustee shall use all reasonable efforts (not including the payment of money), based upon available information, to assist the Company with respect to any Tax Obligations imposed or asserted against the account, the Custodian shall perform the following services with respect to Tax Obligations: a. The Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in Company which such claims are appropriate upon receipt of sufficient information; b. The Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructions; and c. The Custodian shall provide relate to the Fund or the Authorized Person such information received income of the Fund. Provided that the Trustee abides by the Custodian which couldStandard of Care, in the Custodian’s reasonable belief, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund and agreed to by the Custodian in writing. The Custodian Trustee shall have no independent obligation responsibility or liability for any assistance provided to determine the existence of any information with respect to, or the extent of, Company for any Tax Obligations now or hereafter imposed on the Company or the Fund or the account Trustee in respect of the Fund by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

Tax Obligations. For purposes of this Agreement, "Tax Obligations" shall mean taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expenses. To the extent that the Custodian has received relevant and necessary information with respect to the accountAccount, the Custodian shall perform the following services with respect to Tax Obligations: a. The Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient informationappropriate; b. The Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructionsaliens; and c. The Custodian shall provide to the Fund Client or the Authorized Person Party such information received by the Custodian Custodian, which could, in the Custodian’s 's reasonable belief, assist the Fund Client or the Authorized Person Party in the submission of any reports or returns with respect to Tax Obligations. The Fund Client shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. . The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund Client and agreed to by the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund Client or the account Account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 1 contract

Samples: Custody Agreement (Mellon Optima L/S Strategy Fund, LLC)

Tax Obligations. For purposes The Trustor shall be responsible for the compliance of tax obligations derived from the foregoing Contract; therefore, in this Agreementact the Trustor exempts the Trustee from all responsibility concerning these concepts, “Tax Obligations” and agree to credit the Trustee such compliance for the relevant legal effects. In the event that tax provisions are amended and any new tax burden becomes valid regarding the Trust, the Trust Equity and/or the operations contemplated in this Contract, such burden is strictly responsibility of the Trustor. In the event that for any reason tax authorities require the payment of any contribution to the Trustee, the latter shall mean taxesinform in a timely manner to the parties, withholdingso that, certification in compliance to such requirement, carry out the procedures and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expensesnecessary payments. To In the extent event that the Custodian has received relevant Trustor does not comply with its tax obligations and necessary information with respect the Trustee is required to perform the payment of any contribution, the Trustee shall notify this situation to the accountParties, the Custodian shall perform no later than the following services with respect Business Day after receiving the corresponding requirement. The Trustor shall have the obligation to Tax Obligations: a. pay promptly the obligations undertaken, regardless of its obligation to indemnify and to hold harmless the Trustee of any claim and/or expense made by the latter from a default caused by the Trustor. The Custodian Trustor shall file claims for exemptions hold harmless and indemnify the Trustee in the event of any contingency or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient information; b. The Custodian shall withhold appropriate amountsresponsibility concerning tax issues, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructions; and c. The Custodian shall provide derived or related to the Fund or the Authorized Person such information received by the Custodian which couldTrust (including expenses, in the Custodian’s fees, reasonable beliefand documented, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. The Custodian shall provide such other services with respect to Tax Obligations, including preparation tax advisors and filing of tax returns and reports and payment of amounts due (to the extent fundedlawyers), as requested long as the issue does not arise from the Trustee’s fault, fraud, negligence or bad faith. If the obligations derived from the Foreign Account Tax Compliance Act (hereinafter the “Facta”) are applicable to this Contract, such obligations are responsibility of the Trust, therefore, in order to comply with such obligations, the Parties agree that the Trustee shall grant a power with the necessary authorities to the person or persons that are appointed by the Fund Trustor and agreed the Primary Beneficiary as external advisors. According to the above, the parties agree that the Trustee shall not have any responsibility for the acts of the appointed external advisors, causing this the termination of its obligations when the above power is granted. The Trustee, Trustor and Primary Beneficiary shall provide all documents and/or information in its property, required by the Custodian in writingappointed external advisors to comply with the obligations derived from the Facta. The Custodian parties agree that all expenses, rights, taxes, commissions, fees, and any other expenses made by reason of this clause, shall be covered by the Trust Equity, and in the event of not having resources or are insufficient, the Trustor directly shall liquidate them. The Trustor and Primary Beneficiary are required to (i) defend and hold harmless the Trustee, advisors, shareholders, officers, deputy trustees, employees, legal representatives and the rest of the staff in the event of a claim, proceeding, trial, lawsuit, responsibility, loss, damages, sanctions, actions or judgments presented, brought, dictated or imposed by any person or competent authority against the Trustee, advisors, officers, shareholders, deputy trustees, employees, legal representatives, and the rest of the staff, derived from its performance as Trustee under this Trusts, as long as the Trustee’s performances have no independent obligation been made pursuant with the terms and according to determine the existence procedures established in the foregoing Trust and that such acts and omissions are not performed by the Trustee with negligence, fraud or bad faith; and (ii) reimburse the Trustee, its advisors, officers, shareholders, deputy trustees, employees, legal representatives, and the rest of the staff, any cost, expense or expenditure of any information with respect tonature (including expenses and legal advisor fees and duly documented reasonable attorneys) incurred reasonably and justified, or the extent of, any Tax Obligations now damage or hereafter imposed on the Fund or the account prejudice suffered by any taxing authority. Except claim, trial, procedure, lawsuit, responsibility, loss, damage, sanction, action or sentence brought, dictated or imposed against the Trustee, shareholders, deputy trustees, board members, officers, employees, legal representatives, and the rest of the staff regarding the validity and legality of this Trust or other documents related to the same, as specifically provided herein long as the Trust activities have been performed pursuant the terms and procedures established in this Trust, and such acts or agreed to in writing omissions are not performed by the CustodianTrustee with negligence, the Custodian shall have no obligations fraud or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authoritiesbad faith. e. In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 1 contract

Samples: Trust Management Agreement (Central North Airport Group)

Tax Obligations. For purposes of this Agreement, "Tax Obligations" shall mean taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expenses. To the extent that the Custodian has received relevant and necessary information with respect to the Series' account, the Custodian shall perform the following services with respect to Tax Obligations: a. The (a) the Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient informationappropriate; b. The (b) the Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructionsaliens; and c. The (c) the Custodian shall provide to the Fund or the an Authorized Person such information received by the Custodian which could, in the Custodian’s 's reasonable belief, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. . The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund and agreed to by the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund or the its account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. . In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 1 contract

Samples: Mutual Fund Custody and Services Agreement (Dreyfus Premier Manager Funds)

Tax Obligations. For purposes of this Agreement, "Tax Obligations" shall --------------- mean taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expenses. To the extent that the Custodian has received relevant and necessary information with respect to the account, the Custodian shall perform the following services with respect to Tax Obligations: a. The Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient information; b. The Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructions; and c. The Custodian shall provide to the Fund or the Authorized Person such information received by the Custodian which could, in the Custodian’s 's reasonable belief, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund and agreed to by the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund or the account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 1 contract

Samples: Mutual Fund Custody and Services Agreement (Lincoln Variable Insurance Products Trust)

Tax Obligations. For purposes of this Agreement, ‘‘Tax Obligations” shall mean taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expenses. To the extent that the Custodian has received relevant and necessary information with respect to the accountAccount, the Custodian shall perform the following services with respect to Tax Obligations: a. The Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient information; b. The Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Authorized Instructions; and c. The Custodian shall provide to the Fund Client or the Authorized Person Party such information received by the Custodian Custodian, which could, in the Custodian’s reasonable belief, assist the Fund Client or the Authorized Person Party in the submission of any reports or returns with respect to Tax Obligations. The Fund Client shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. . The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund Client and agreed to by the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund Client or the account Account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 1 contract

Samples: Custody Agreement (Gabelli Innovations Trust)

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Tax Obligations. For purposes of this Agreement, “Tax Obligations” shall mean taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expenses. The Funds shall be liable for all Tax Obligations, and shall indemnify and hold the Custodian harmless with respect to any Tax Obligations that the Custodian is required to pay under applicable law (whether by assessment or otherwise). To the extent that the Custodian has received relevant and necessary information with respect to the account, the Custodian shall perform the following services with respect to Tax Obligations: a. The In the event the Custodian reasonably believes that a Fund is eligible, pursuant to applicable law or the provisions of any tax treaty for a reduced rate, or exemption from, any taxes, the Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient information;information and documentary evidence of residence or other qualification, and the Custodian shall have no responsibility for the accuracy or validity of any forms or documentation provided to the Custodian by a Fund. b. The Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructions; andInstructions specifying such nonresident aliens and including such other information relevant to such withholding. c. The Custodian shall provide to the Fund Trust or the Authorized Person such information received by the Custodian which could, in the Custodian’s reasonable belief, assist the Fund Trust or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund Trust shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. . The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as may be requested by the Fund and Trust if agreed to by the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund Trust or the account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. . In making payments to service providers pursuant to Instructions, the Fund Trust acknowledges that the Custodian is acting as a paying agent agent, and not as the payor, for tax information reporting and withholding purposes.

Appears in 1 contract

Samples: Mutual Fund Custody and Services Agreement (Transparent Value Trust)

Tax Obligations. For purposes (a) All Taxes, duties and other obligations of a fiscal nature that, as a consequence of both the effectiveness and the acts of disposition of this Trust Agreement, may be established or imposed by the corresponding tax provisions, including without limitation the presentation of notices and/or declarations that may be applicable, shall be the strict responsibility of Vista, the Managing Director or the Participants or their Legitimate Successors, if any, or the Trustee, as applicable, in accordance with the legal provisions in force; it being understood that any tax withholding that the Trustee must make in terms of the Governing Law may be made with resources deposited in the Cash Account, as instructed by the Managing Director. (b) The Trustee shall have no liability for the failure of Vista, the Trustee or the Participants or their Legitimate Successors to perform such obligations. Likewise, Vista or, as the case may be, the Managing Director, shall not be liable for the obligations corresponding to the Trustee. With respect to the tax obligations that the Trustee must comply with as a consequence of the performance of acts related to the Purposes of the Trust, if any, or those executed by instructions of the Managing Director, the Trustee shall comply with such tax obligations out of the Trust Estate and, in the event that there are not sufficient resources, Vista undertakes to increase the Trust Estate with sufficient resources to comply with the tax obligations indicated in this Section. (c) Vista shall provide the Trustee, upon request, with all documents necessary or sufficient to demonstrate that its tax obligations have been duly and fully complied with. (d) The Parties agree that the Trustee has not and will not provide advice on tax, legal or accounting matters for the purpose of taking Shares or making decisions regarding the creation and operation of this Agreement. Vista represents that it has received advice from its own legal, “Tax Obligations” shall mean taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expenses. To accounting advisors with sufficient experience to determine any legal and tax risks. (e) The Participants or their Legitimate Successors will assume, before the extent Trustee and third parties, the responsibilities derived from any Tax, right, use, product, social security contribution or analogous responsibility that derives or could derive from the Custodian has received relevant present Trust Agreement or from the administration and necessary information property of the Trust Estate; Therefore, they also undertake to make the contributions to the Trust sufficient to settle such obligations and, in the absence thereof, to indemnify and hold the Trustee harmless with respect to the accountpayment of any obligation derived from such concepts. (f) The obligations of Vista, if any, and of the Participants or their Legitimate Successors under this Section, shall continue in full force and effect even after the date of termination of this Trust Agreement or the resignation or substitution of the Trustee, for up to 5 fiscal years following the date of termination of this Trust Agreement or the date on which the Trustee ceases to act. (g) Vista, the Custodian shall perform Managing Director, the following services with respect Participants and/or their Legitimate Successors undertake to Tax Obligations: a. The Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient information; b. The Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructions; and c. The Custodian shall provide deliver to the Fund or Trustee the Authorized Person such information received by necessary to comply with the Custodian which couldtax obligations, in the Custodian’s reasonable beliefif any, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund and agreed to by the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund or the account by any taxing authority. Except as specifically provided herein or agreed to in writing Trustee by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. In making payments to service providers pursuant to Instructions, the Fund acknowledges Governing Law and agrees that the Custodian Trustee is acting as a paying agent not and shall not as be liable for the payornon-compliance with the obligation in question if it is derived directly or indirectly from the lack of necessary, sufficient, or timely information for tax information reporting and withholding purposesits compliance.

Appears in 1 contract

Samples: Irrevocable Trust Agreement (Vista Energy, S.A.B. De C.V.)

Tax Obligations. For purposes of this Agreement, “Tax Obligations” (a) Borrower shall mean taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to file all tax and information returns and reports required by all taxing authorities (all prepared in accordance with applicable law), pay or cause to be paid all license fees, bonding premiums and related taxes and charges, and pay or cause to be paid all income, employment, real and personal property taxes and other related expenses. To governmental taxes and charges assessed against Borrower, or payable by Borrower, at such times and in such manner as to prevent any penalty or interest from accruing or any Lien or charge from attaching to any assets or property of Borrower; provided that Borrower shall have the extent that right to contest any such fees, premiums, taxes and charges prior to the Custodian has received relevant payment thereof for so long as such contest is pursued diligently and necessary information in good faith by appropriate proceedings. (b) Borrower shall notify Lender promptly (and in no event later than fifteen (15) days) after becoming aware of the intent of the Internal Revenue Service or other taxing authority (the "Taxing Authority") to assert a deficiency with respect to it, and shall promptly (and in no event later than fifteen (15) days following receipt of any notice of deficiency) inform Lender of such proposed deficiency and deliver to Lender a copy of any notices of deficiency received from the accountTaxing Authority. If Lender so requests and if there is a reasonable legal basis therefor, the Custodian Borrower shall, take all reasonable actions necessary to contest such claimed deficiency and shall perform the following services with respect appoint outside tax counsel acceptable to Tax Obligations: a. The Custodian shall file claims for exemptions or refunds with respect Lender to withheld foreign (non-U.S.) taxes in instances in which contest such claims are of deficiency and shall direct such counsel to consult with and to provide Lender with periodic status reports and assessments of the legal merits of the contest. At Lender's request, such contest shall continue through the appropriate upon receipt of sufficient information; b. The Custodian shall withhold appropriate amounts, as required by U.S. administrative and court procedures including appeals therefrom until such outside tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructions; and c. The Custodian shall provide to the Fund counsel informs Lender that further contest would be inadvisable taking into account all factors (including any settlement or the Authorized Person such information received compromise proposed by the Custodian which could, in the Custodian’s reasonable belief, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the CustodianTaxing Authority). d. The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund and agreed to by the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund or the account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 1 contract

Samples: Loan and Security Agreement (Compu Dawn Inc)

Tax Obligations. For purposes of this Agreement, Tax Obligations” shall mean taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expenses. To the extent that the Custodian has received relevant and necessary information with respect to the accountAccount, the Custodian shall perform the following services with respect to Tax Obligations: a. The Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient information; b. The Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Authorized Instructions; and c. The Custodian shall provide to the Fund Client or the Authorized Person Party such information received by the Custodian Custodian, which could, in the Custodian’s reasonable belief, assist the Fund Client or the Authorized Person Party in the submission of any reports or returns with respect to Tax Obligations. The Fund Client shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. . The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund Client and agreed to by the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund Client or the account Account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 1 contract

Samples: Custody Agreement (Gabelli Nextshares Trust)

Tax Obligations. For purposes of this Agreement, "Tax Obligations" shall --------------- mean taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expenses. To the extent that the Custodian has received relevant and necessary information with respect to the account, the Custodian shall perform the following services with respect to Tax Obligations: a. The Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient information; b. The Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructions; and c. The Custodian shall provide to the Fund or the Authorized Person such information received by the Custodian which could, in the Custodian’s 's reasonable belief, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund and agreed to by the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund or the account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 1 contract

Samples: Mutual Fund Custody and Services Agreement (Lincoln Advisors Trust)

Tax Obligations. For purposes of this Agreement, “Tax Obligations” shall mean taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expenses. To the extent that the Custodian has received relevant and necessary information with respect to the Fund’s account, the Custodian shall perform the following services with respect to Tax Obligations: a. The (a) the Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient informationappropriate; b. The (b) t he Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructionsaliens; and c. The (c) the Custodian shall provide to the Fund or the an Authorized Person such information received by the Custodian which could, in the Custodian’s reasonable belief, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. . The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund and agreed to by the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund or the its account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. . In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 1 contract

Samples: Mutual Fund Custody and Services Agreement (Dreyfus Fixed Income Securities)

Tax Obligations. For purposes of this Agreement, “Tax Obligations” Each Fund shall mean be liable for all taxes, withholdingassessments, certification duties and reporting requirementsother governmental charges, claims for exemptions or refund, interest, including interest and penalties, additions with respect to tax any cash and other Securities held on behalf of such Fund and any transaction related expensesthereto. To the extent that the Custodian has received relevant and necessary information with respect to the accountan Account, the Custodian shall perform the following services with respect to Tax Obligations: a. (a) The Custodian shall, upon receipt of sufficient information prior to Custodian’s deadlines, which are based on statutes of limitations in each market (which deadlines and statutes of limitations shall be sent in advance to the Trusts), file claims for exemptions or refunds with respect to withheld foreign (non-U.S.United States) taxes in instances in which such claims are appropriate upon receipt of sufficient informationappropriate; b. (b) The Custodian shall withhold appropriate amounts, as required by U.S. United States tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructions; and c. (c) The Custodian shall provide to the Fund or the Authorized Person a Trust such information received by the Custodian which (in its capacity as custodian) that could, in the Custodian’s reasonable beliefbelief (or upon a Trust request), assist the Fund Trust or the Authorized Person its designee in the submission of any reports or returns with respect to Tax ObligationsObligations or reclaims. The Fund An Authorized Person shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. (d) The Custodian shall provide such other services ensure that tax reclaims are filed within the required deadlines and shall put in place procedures and/or mechanisms to identify and inform a Trust of any exceptions and/or discrepancies. Custodian shall inform a Trust via NetInfo or similar notification (which notification shall be sent to the Trust) of any changes in the market that would impact a Trust’s ability to file and/or collect outstanding tax reclaims. Subject to and to the extent of receipt by the Custodian of relevant and necessary documentation and information prior to the Custodian’s deadlines (which deadlines shall be sent in advance to the Trusts) with respect to Tax Obligations, including preparation the Trusts and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund and agreed to by Funds that the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund or the account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodianhas requested, the Custodian shall have no obligations perform the following services: (a) withhold or liability cause to be withheld the amount of tax which is required to be withheld under applicable tax law upon collection of any dividend, interest or other distribution with respect to Tax Obligations, including, without limitation, any obligation to file U.S. or submit returns non-U.S. securities and proceeds or reports with any state, foreign income from the sale or other taxing authorities. e. In making payments transfer of such securities held in custody with the Custodian; (b) maintain tax entitlement records for possible tax benefits available in markets of investment and monitor tax entitlements and tax reclaim records based on current situations in markets of investment to service providers pursuant protect a Trust’s entitlements; (c) where a Trust is eligible, based upon its fiscal domicile and legal structure, coordinate tax exemption applications and reduction at source documentation requirements and file (or cause to Instructions, be filed) the Fund acknowledges that documentation with the appropriate market authorities on a Trust’s behalf; (d) file (or cause to be filed) tax reclaims for those markets in which the Custodian is acting as has notified the Trust that it offers tax reclaims on an ongoing basis on behalf of a paying agent Trust; and not as (e) make available to the payorTrusts such information actually received by the Custodian that could, for tax information reporting in the Custodian’s reasonable belief and withholding purposessole discretion, assist any of the Trusts in their submission of any reports or returns with respect to taxes.

Appears in 1 contract

Samples: Custody Agreement (Invesco DB Commodity Index Tracking Fund)

Tax Obligations. For purposes of this Agreement, “Tax Obligations” shall mean taxes, withholding, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax and other related expenses. To the extent that the Custodian has received relevant and necessary information with respect to the Fund’s account, the Custodian shall perform the following services with respect to Tax Obligations: a. The the Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate upon receipt of sufficient informationappropriate; b. The the Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructionsaliens; and c. The the Custodian shall provide to the Fund or the an Authorized Person such information received by the Custodian which could, in the Custodian’s reasonable belief, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. . The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund and agreed to by the Custodian in writing. The Custodian shall have no independent obligation to determine the existence of any information with respect to, or the extent of, any Tax Obligations now or hereafter imposed on the Fund or the its account by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. . In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 1 contract

Samples: Mutual Fund Custody and Services Agreement (Dreyfus Variable Investment Fund)

Tax Obligations. For purposes (a) The Company and the Trustee acknowledge that it is intended that the Trust will incur and pay Tax Obligations of this Agreementthe Trust. (b) The Trustee shall prepare and file or issue, “Tax Obligations” shall mean taxeson a timely basis, withholdingall income tax returns, certification and reporting requirements, claims for exemptions or refund, interest, penalties, additions to tax elections and other related expensesforms which, by virtue of the Tax Legislation, the Trustee is required to file or issue in respect of each taxation year of the Trust, including the fiscal year ending on termination of the Fund, and any such other returns and forms as may be required under Applicable Law. The Trustee may retain an Advisor in respect of all such returns and other filings, selected in accordance with the Standard of Care, provided that the Trustee shall be deemed to have met the Standard of Care if it retains the auditor of the Trust for such purpose. (c) The Trustee shall provide the Company with drafts of all such filings at least 30 days before they are due in order to permit the Company to comment thereon and shall provide copies of all such filings once made, to the Company. (d) Where a tax return, election or other form is required to be filed or issued or tax is payable as a result of any action of an Investment Manager, the Investment Manager shall inform the Trustee, the Company, and the Beneficiary in writing that such return or form must be filed or issued or that such tax is payable. To the extent that the Custodian has received relevant Trustee is responsible under any Applicable Law for any Tax Obligation and the Trustee does not have the necessary information for the performance of its obligations hereunder, the Company shall promptly upon request provide the Trustee with all information required by the Trustee in respect of such Tax Obligations. The Trustee shall not be required to prepare, file or issue any return or form unless it has the information necessary to prepare, file or issue such return or form. (e) The Trustee shall use all reasonable efforts (not including the payment of money), based upon available information, to assist the Company with respect to any Tax Obligations imposed or asserted against the account, the Custodian shall perform the following services with respect to Tax Obligations: a. The Custodian shall file claims for exemptions or refunds with respect to withheld foreign (non-U.S.) taxes in instances in Company which such claims are appropriate upon receipt of sufficient information; b. The Custodian shall withhold appropriate amounts, as required by U.S. tax laws, with respect to amounts received on behalf of nonresident aliens upon receipt of Instructions; and c. The Custodian shall provide relate to the Fund or the Authorized Person such information received income of the Fund. Provided that the Trustee abides by the Custodian which couldStandard of Care, in the Custodian’s reasonable belief, assist the Fund or the Authorized Person in the submission of any reports or returns with respect to Tax Obligations. The Fund shall inform the Custodian in writing as to which party or parties shall receive information from the Custodian. d. The Custodian shall provide such other services with respect to Tax Obligations, including preparation and filing of tax returns and reports and payment of amounts due (to the extent funded), as requested by the Fund and agreed to by the Custodian in writing. The Custodian Trustee shall have no independent obligation responsibility or liability for any assistance provided to determine the existence of any information with respect to, or the extent of, Company for any Tax Obligations now or hereafter imposed on the Company or the Fund or the account Trustee in respect of the Fund by any taxing authority. Except as specifically provided herein or agreed to in writing by the Custodian, the Custodian shall have no obligations or liability with respect to Tax Obligations, including, without limitation, any obligation to file or submit returns or reports with any state, foreign or other taxing authorities. e. In making payments to service providers pursuant to Instructions, the Fund acknowledges that the Custodian is acting as a paying agent and not as the payor, for tax information reporting and withholding purposes.

Appears in 1 contract

Samples: Trust Agreement

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