Tax Services. Subject to and to the extent of receipt by the Custodian of relevant and necessary documentation and information with respect to the Funds and Portfolios that the Custodian has requested, the Custodian shall perform the following services: (i) file claims for exemptions, reductions in withholding taxes, or refunds of any tax with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate; (ii) withhold appropriate amounts as required by U.S. tax laws with respect to amounts received on behalf of nonresident aliens; and (iii) provide to the Funds such information actually received by the Custodian that could, in the Custodian’s reasonable belief and sole discretion, assist any of the Funds in their submission of any reports or returns with respect to taxes. Other than the servicing responsibilities identified herein, the Custodian shall have no responsibility or liability for any obligations now or hereafter imposed on any Fund, the Portfolios or the Custodian as custodian of the Portfolios by the tax law of any country or of any state or political subdivision thereof. It shall be the responsibility of each Fund to notify the Custodian of the obligations imposed on such Fund or the Custodian as custodian by the tax law of countries, states and political subdivisions thereof, including responsibility for withholding and other taxes, assessments or other governmental charges, certifications and governmental reporting. The sole responsibility of the Custodian with regard to such tax law shall be to use reasonable efforts to assist the Fund with respect to any claim for exemption or refund under the tax law of countries for which such Fund has provided sufficient information and documentation. As the Custodian does not provide tax advice, it is specifically understood and agreed that the Custodian shall not be considered the Fund’s tax advisor or tax counsel. In connection with the provision of services pursuant to this Section 6, the Custodian shall be kept indemnified by and shall be without liability to a Fund for any obligations, including taxes, withholding and reporting requirements, claims for exemption and refund, additions for late payment, interest, penalties and other expenses that may be assessed against the Fund, the Portfolios or the Custodian as custodian of the assets of such Fund or Portfolios. Each of the Funds agrees that the Custodian is authorized to deduct from any cash received or credited to the account of a Portfolio any taxes or levies required by any tax or other governmental authority having jurisdiction in respect of such Portfolio’s transactions, and that the Custodian is authorized to disclose any information required by any such tax or other governmental authority in relation to processing any claim for exemption from or reduction or refund of any taxes relating to Portfolio transactions and holdings.
Appears in 8 contracts
Samples: Master Custodian Agreement (Rivernorth Opportunities Fund, Inc.), Master Custodian Agreement (RiverNorth Specialty Finance Corp), Master Custodian Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.)
Tax Services. Subject to (a) Each Fund will provide documentary evidence of its tax domicile, organizational specifics and to the extent of receipt other documentation and information as may be required by the Custodian from time to time for tax purposes, including, without limitation, information relating to any special ruling or treatment to which the Fund may be entitled that is not applicable to the general nationality and category of relevant person to which the Fund belongs under general laws and necessary treaty obligations and documentation and information required in relation to countries where the Fund engages or proposes to engage in investment activity or where Portfolio assets are or will be held. The provision of such documentation and information shall be deemed to be a Proper Instruction, which the Custodian shall be entitled to rely and act upon. In giving such documentation and information, each Fund represents and warrants that it is true and correct in all material respects and that it will promptly provide the Custodian with all necessary corrections or updates upon becoming aware of any changes or inaccuracies in the documentation or information supplied.
(b) Each Fund shall be liable for all taxes (including Taxes) relating to its investment activity, including with respect to the Funds and Portfolios that any cash or securities held by the Custodian has requestedon behalf of such Fund or any transactions related thereto. “Tax” or “Taxes” means any withholding or capital gains tax, stamp duty, levy, impost, charge, assessment, deduction or related liability, including any addition to tax, penalty or interest imposed on or in respect of (i) cash or securities, (ii) the transactions effected under this Agreement, or (iii) the Client. Subject to compliance by the Client with its obligations under Section 4.11(a), the Custodian shall perform withhold (or cause to be withheld) the following services: (i) file claims for exemptions, reductions in withholding taxes, or refunds amount of any tax Tax which is required to be withheld under applicable law in connection with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate; (ii) withhold appropriate amounts as required by U.S. tax laws with respect to amounts received the collection on behalf of nonresident aliens; and (iii) provide a Fund pursuant to the Funds such information actually received by the Custodian that could, in the Custodian’s reasonable belief and sole discretion, assist any of the Funds in their submission this Agreement of any reports or returns with respect to taxes. Other than the servicing responsibilities identified hereindividend, the Custodian shall have no responsibility or liability for any obligations now or hereafter imposed on any Fund, the Portfolios or the Custodian as custodian of the Portfolios by the tax law of any country or of any state or political subdivision thereof. It shall be the responsibility of each Fund to notify the Custodian of the obligations imposed on such Fund or the Custodian as custodian by the tax law of countries, states and political subdivisions thereof, including responsibility for withholding and other taxes, assessments interest income or other governmental charges, certifications and governmental reporting. The sole responsibility of the Custodian with regard to such tax law shall be to use reasonable efforts to assist the Fund distribution with respect to any claim for exemption security and the proceeds or refund under income from the tax law sale or other transfer of countries for which such any security held by the Custodian. If any Taxes become payable with respect to any prior payment made to a Fund has provided sufficient information and documentation. As by the Custodian does not provide tax adviceor otherwise, it is specifically understood and agreed that the Custodian shall not be considered may apply any credit balance in the Fund’s deposit account to the extent necessary to satisfy such Tax obligation. Each Fund shall remain liable for any tax advisor or deficiency. The Custodian is not liable for any tax counsel. In connection with the provision of services pursuant to this Section 6, the Custodian shall be kept indemnified by and shall be without liability obligations relating to a Fund for any obligations, including taxes, withholding and reporting requirements, claims for exemption and refund, additions for late payment, interest, penalties and other expenses that may be assessed against the Portfolio or a Fund, the Portfolios or the Custodian other than those Tax services as custodian of the assets of such Fund or Portfoliosset out in this Section. Each of the Funds Fund agrees that the Custodian is authorized to deduct from any cash received or credited to the account of a Portfolio any taxes or levies required by any tax or other governmental authority having jurisdiction in respect of such Portfolio’s transactionsnot, and that the Custodian is authorized shall not be deemed to disclose any information required by any such be, providing tax advice or other governmental authority in relation to processing any claim for exemption from or reduction or refund of any taxes relating to Portfolio transactions and holdingstax counsel.
Appears in 5 contracts
Samples: Master Custodian Agreement (X-Square Series Trust), Master Custodian Agreement (Sprott ETF Trust), Master Custodian Agreement (ALPS ETF Trust)
Tax Services. Subject to and to the extent of receipt by the Custodian of relevant and necessary documentation and information with respect to the Funds and Portfolios that the Custodian has requested, the Custodian shall perform the following services: (i) file claims First Union shall apply for exemptions, reductions in a reduction of withholding taxes, or refunds tax and any refund of any tax paid or tax credits that apply in each market in respect of income payments on Assets for the benefit of the Fund which First Union believes may be available to the Fund. If the Fund is eligible, pursuant to applicable law or to the provisions of any tax treaty, for a reduced rate of, or exemption from, any tax which is otherwise required to be withheld or paid on behalf of the Fund under any applicable law, First Union shall, or shall instruct the applicable Eligible Foreign Custodian or withholding agent to, either withhold or pay such tax at such reduced rate or refrain from withholding or paying such tax, as appropriate. In the event that a reduced rate of, or exemption from, any tax is obtainable only by means of an application for refund, First Union shall, or shall instruct the applicable Eligible Foreign Custodian or withholding agent to, apply for such refund. The provision of tax services is conditional upon the Fund's provision to First Union of all documentary evidence as First Union shall reasonably require in connection with respect taxation, and the Fund warrants that when given, this information shall be true and correct in every material respect. The Fund undertakes to withheld foreign (non-U.S.) taxes in instances in which notify First Union immediately if any such claims are appropriate; information requires updating or amendment.
(ii) withhold appropriate amounts as required by U.S. tax laws with respect to amounts received on behalf of nonresident aliens; First Union and (iii) provide to the Funds such information actually received by the Custodian that could, in the Custodian’s reasonable belief and sole discretion, assist any of the Funds in their submission of any reports or returns with respect to taxes. Other than the servicing responsibilities identified herein, the applicable Eligible Foreign Custodian shall have no responsibility for the accuracy or liability for any obligations now or hereafter imposed on any Fund, the Portfolios or the Custodian as custodian of the Portfolios by the tax law validity of any country forms or documentation the Fund provides to First Union hereunder, and the Fund hereby indemnifies and agrees to hold harmless First Union and each Eligible Foreign Custodian in respect of any state liability arising from any underwithholding or political subdivision thereof. It shall be underpayment of any tax which results from the responsibility inaccuracy or invalidity of each Fund to notify the Custodian of the obligations imposed on any such Fund or the Custodian as custodian by the tax law of countries, states and political subdivisions thereof, including responsibility for withholding and other taxes, assessments forms or other governmental charges, certifications documentation.
(iii) First Union and governmental reporting. The sole responsibility of the Custodian with regard to such tax law shall be to use reasonable efforts to assist the Fund with respect to any claim for exemption or refund under the tax law of countries for which such Fund has provided sufficient information and documentation. As the Custodian does not provide tax advice, it is specifically understood and agreed that the applicable Eligible Foreign Custodian shall not be considered liable to the Fund’s tax advisor Fund or tax counsel. In connection with any third party for any taxes, fines or penalties payable by the provision of services pursuant to this Section 6Fund or First Union, the Custodian shall be kept indemnified by and shall be without liability to a Fund for any obligationsindemnified accordingly, including taxes, withholding and reporting requirements, claims for exemption and refund, additions for late payment, interest, penalties and other expenses that may be assessed against whether these result form the Fund's or any third party's inaccurate completion of documents, or as a result of the Portfolios Fund's or any third party's provision of inaccurate or misleading information or the Custodian withholding of material information, or as custodian a result of any delay of any revenue authority or any other event beyond the control of First Union or any Eligible Foreign Custodian.
(iv) First Union shall perform tax reclaim services only for taxation levied by the revenue authorities of the assets of such countries notified to First Union from time to time, and First Union may, after notifying the Fund in writing, supplement or Portfoliosamend the markets in which it offers tax reclaim services. Each of Other than as expressly provided in this clause (iv), First Union shall have no responsibility for the Funds agrees that the Custodian Fund's tax position or status in any jurisdiction.
(v) First Union is authorized to deduct from any Property in the form of cash received or credited to the account of a Portfolio any taxes or levies required by any tax revenue or other governmental authority having jurisdiction under applicable law in respect of such Portfolio’s transactions, and that the Custodian is authorized to disclose any information required by any such tax or other governmental authority in relation to processing any claim for exemption from or reduction or refund of any taxes relating to Portfolio transactions and holdingsAccount.
Appears in 2 contracts
Samples: Custodian Agreement (Advisors Inner Circle Fund), Custodian Agreement (Advisors Inner Circle Fund)
Tax Services. Subject to and to the extent of receipt by the Custodian of relevant and necessary documentation and information with respect to the Funds and Portfolios Fund that the Custodian has requested, the Custodian shall perform the following services: (i) file claims for exemptions, reductions in withholding taxes, or refunds of any tax with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate; (ii) withhold appropriate amounts as required by U.S. tax laws with respect to amounts received on behalf of nonresident aliens; and (iii) provide to the Funds Fund such information actually received by the Custodian that could, in the Custodian’s reasonable belief and sole discretion, assist any of the Funds Fund in their its submission of any reports or returns with respect to taxes. Other than the servicing responsibilities identified herein, the Custodian shall have no responsibility or liability for any obligations now or hereafter imposed on any Fund, the Portfolios Fund or the Custodian as custodian of the Portfolios Fund by the tax law of any country or of any state or political subdivision thereof. It shall be the responsibility of each the Fund to notify the Custodian of the obligations imposed on such the Fund or the Custodian as custodian by the tax law of countries, states and political subdivisions thereof, including responsibility for withholding and other taxes, assessments or other governmental charges, certifications and governmental reporting. The sole responsibility of the Custodian with regard to such tax law shall be to use reasonable efforts to assist the Fund with respect to any claim for exemption or refund under the tax law of countries for which such Fund has provided sufficient information and documentation. As the Custodian does not provide tax advice, it is specifically understood and agreed that the Custodian shall not be considered the Fund’s tax advisor or tax counsel. In connection with the provision of services pursuant to this Section 6, the Custodian shall be kept indemnified by and shall be without liability to a the Trust and each Fund for any obligations, including taxes, withholding and reporting requirements, claims for exemption and refund, additions for late payment, interest, penalties and other expenses that may be assessed against the Fund, the Portfolios Trust or such Fund or the Custodian as custodian custodian. The Trust on behalf of the assets of such each Fund or Portfolios. Each of the Funds agrees that the Custodian is authorized to deduct from any cash received or credited to the a Fund’s account of a Portfolio any taxes or levies required by any tax or other governmental authority having jurisdiction in respect of such Portfoliothe Fund’s transactions, and that the Custodian is authorized to disclose any information required by any such tax or other governmental authority in relation to processing any claim for exemption from or reduction or refund of any taxes relating to Portfolio the Fund’s transactions and holdings.
Appears in 2 contracts
Samples: Custodian Agreement (AccuShares Commodities Trust I), Domestic Custodian Agreement (AccuShares Commodities Trust I)
Tax Services. Subject to and to the extent of receipt by the Custodian of relevant and necessary documentation and information with respect to the Funds and Portfolios Fund that the Custodian has requested, the Custodian shall perform the following services: (i) file claims for exemptions, reductions in withholding taxes, or refunds of any tax with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate; (ii) withhold appropriate amounts as required by U.S. tax laws with respect to amounts received on behalf of nonresident aliens; and (iii) provide to the Funds Fund such information actually received by the Custodian that could, in the Custodian’s reasonable belief and sole discretion, assist any of the Funds Fund in their its submission of any reports or returns with respect to taxes. Other than the servicing responsibilities identified herein, the Custodian shall have no responsibility or liability for any obligations now or hereafter imposed on any Fund, the Portfolios Fund or the Custodian as custodian of the Portfolios Fund by the tax law of any country or of any state or political subdivision thereof. It shall be the responsibility of each the Fund to notify the Custodian of the obligations imposed on such the Fund or the Custodian as custodian by the tax law of countries, states and political subdivisions thereof, including responsibility for withholding and other taxes, assessments or other governmental charges, certifications and governmental reporting. The sole responsibility of the Custodian with regard to such tax law shall be to use reasonable efforts to assist the Fund with respect to any claim for exemption or refund under the tax law of countries for which such Fund has provided sufficient information and documentation. As the Custodian does not provide tax advice, it is specifically understood and agreed that the Custodian shall not be considered the Fund’s tax advisor or tax counsel. In connection with the provision of services pursuant to this Section 6, the Custodian shall be kept indemnified by and shall be without liability to a the Fund for any obligations, including taxes, withholding and reporting requirements, claims for exemption and refund, additions for late payment, interest, penalties and other expenses that may be assessed against the Fund, the Portfolios Fund or the Custodian as custodian of the assets of such custodian. The Fund or Portfolios. Each of the Funds agrees that the Custodian is authorized to deduct from any cash received or credited to the Fund’s account of a Portfolio any taxes or levies required by any tax or other governmental authority having jurisdiction in respect of such Portfoliothe Fund’s transactions, and that the Custodian is authorized to disclose any information required by any such tax or other governmental authority in relation to processing any claim for exemption from or reduction or refund of any taxes relating to Portfolio the Fund’s transactions and holdings.
Appears in 2 contracts
Samples: Custodian Agreement (Principal Exchange-Traded Funds), Custodian Agreement (Renaissance Capital Greenwich Funds)
Tax Services. Subject to and to the extent of receipt by the Custodian of relevant and necessary documentation and information with respect to the Funds and Portfolios Fund that the Custodian has requested, the Custodian shall perform the following services: (i) file claims for exemptions, reductions in withholding taxes, or refunds of any tax with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate; (ii) withhold appropriate amounts as required by U.S. tax laws with respect to amounts received on behalf of nonresident aliens; and (iii) provide to the Funds Fund such information actually received by the Custodian that could, in the Custodian’s 's reasonable belief and sole discretion, assist any of the Funds Fund in their its submission of any reports or returns with respect to taxes. Other than the servicing responsibilities identified herein, the Custodian shall have no responsibility or liability for any obligations now or hereafter imposed on any Fund, the Portfolios Fund or the Custodian as custodian of the Portfolios Fund by the tax law of any country or of any state or political subdivision thereof. It shall be the responsibility of each the Fund to notify the Custodian of the obligations imposed on such the Fund or the Custodian as custodian by the tax law of countries, states and political subdivisions thereof, including responsibility for withholding and other taxes, assessments or other governmental charges, certifications and governmental reporting. The sole responsibility of the Custodian with regard to such tax law shall be to use reasonable efforts to assist the Fund with respect to any claim for exemption or refund under the tax law of countries for which such Fund has provided sufficient information and documentation. As the Custodian does not provide tax advice, it is specifically understood and agreed that the Custodian shall not be considered the Fund’s 's tax advisor or tax counsel. In connection with the provision of services pursuant to this Section 6, the Custodian shall be kept indemnified by and shall be without liability to a the Fund for any obligations, including taxes, withholding and reporting requirements, claims for exemption and refund, additions for late payment, interest, penalties and other expenses that may be assessed against the Fund, the Portfolios Fund or the Custodian as custodian of the assets of such custodian. The Fund or Portfolios. Each of the Funds agrees that the Custodian is authorized to deduct from any cash received or credited to the Fund's account of a Portfolio any taxes or levies required by any tax or other governmental authority having jurisdiction in respect of such Portfolio’s the Fund's transactions, and that the Custodian is authorized to disclose any information required by any such tax or other governmental authority in relation to processing any claim for exemption from or reduction or refund of any taxes relating to Portfolio the Fund's transactions and holdings.
Appears in 2 contracts
Samples: Custodian Agreement (Principal Exchange-Traded Funds), Custodian Agreement (Renaissance Capital Greenwich Funds)
Tax Services. Subject to (a) Each Fund will provide documentary evidence of its tax domicile, organisational specifics and to the extent of receipt other documentation and information as may be required by the Custodian from time to time for tax purposes, including, without limitation, information relating to any special ruling or treatment to which the Fund may be entitled that is not applicable to the general nationality and category of relevant person to which the Fund belongs under general laws and necessary treaty obligations and documentation and information required in relation to countries where the Fund engages or proposes to engage in investment activity or where Portfolio assets are or will be held. The provision of such documentation and information shall be deemed to be a Proper Instruction, which the Custodian shall be entitled to rely and act upon. In giving such documentation and information, each Fund represents and warrants that it is true and correct in all material respects and that it will promptly provide the Custodian with all necessary corrections or updates upon becoming aware of any changes or inaccuracies in the documentation or information supplied.
(b) Each Fund shall be liable for all taxes (including Taxes) relating to its investment activity, including with respect to the Funds and Portfolios that any cash or securities held by the Custodian has requestedon behalf of the Fund or any transactions related thereto. Subject to compliance by the Client with its obligations under Section 7(a), the Custodian shall perform withhold (or cause to be withheld) the following services: (i) file claims for exemptions, reductions in withholding taxes, or refunds amount of any tax Tax which is required to be withheld under applicable law in connection with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate; (ii) withhold appropriate amounts as required by U.S. tax laws with respect to amounts received the collection on behalf of nonresident aliens; and (iii) provide the Fund pursuant to the Funds such information actually received by the Custodian that could, in the Custodian’s reasonable belief and sole discretion, assist any of the Funds in their submission this Agreement of any reports or returns with respect to taxes. Other than the servicing responsibilities identified hereindividend, the Custodian shall have no responsibility or liability for any obligations now or hereafter imposed on any Fund, the Portfolios or the Custodian as custodian of the Portfolios by the tax law of any country or of any state or political subdivision thereof. It shall be the responsibility of each Fund to notify the Custodian of the obligations imposed on such Fund or the Custodian as custodian by the tax law of countries, states and political subdivisions thereof, including responsibility for withholding and other taxes, assessments interest income or other governmental charges, certifications and governmental reporting. The sole responsibility of the Custodian with regard to such tax law shall be to use reasonable efforts to assist the Fund distribution with respect to any claim for exemption security and the proceeds or refund under income from the tax law sale or other transfer of countries for which such any security held by the Custodian. If any Taxes become payable with respect to any prior payment made to the Fund has provided sufficient information and documentation. As by the Custodian does or otherwise, the Custodian may apply any credit balance in the Fund’s deposit account to the extent necessary to satisfy such Tax obligation. The Fund shall remain liable for any tax deficiency. The Custodian is not provide liable for any tax adviceobligations relating to the Portfolio or the Fund, it is other than those Tax services as set out specifically understood and agreed in this Section. The Fund agrees that the Custodian is not, and shall not be considered the Fund’s deemed to be, providing tax advisor advice or tax counsel.
(c) The Custodian will provide tax relief services in relation to designated markets as may be specified from time to time in the Client Publications. In connection Subject to the preceding sentence and compliance by the Fund with its obligations under Section 7(a), the provision Custodian will apply for a reduction of services pursuant to this Section 6withholding tax and refund of any tax paid or tax credits which apply in each applicable market in respect of income payments on securities for the benefit of the Fund. Unless otherwise informed by the Fund, the Custodian shall be kept indemnified by and shall be without liability entitled to a apply categorical treatment of the Fund for any obligationsaccording to its nationality, including taxes, withholding and reporting requirements, claims for exemption and refund, additions for late payment, interest, penalties particulars of its organisation and other expenses that may be assessed against relevant details supplied by the Fund, the Portfolios or the Custodian as custodian of the assets of such Fund or Portfolios. Each of the Funds agrees that the Custodian is authorized to deduct from any cash received or credited to the account of a Portfolio any taxes or levies required by any tax or other governmental authority having jurisdiction in respect of such Portfolio’s transactions, and that the Custodian is authorized to disclose any information required by any such tax or other governmental authority in relation to processing any claim for exemption from or reduction or refund of any taxes relating to Portfolio transactions and holdings.
Appears in 2 contracts
Samples: Master Custodian Agreement (Nuveen Short Duration Credit Opportunities Fund), Master Custodian Agreement (Nuveen High Income 2020 Target Term Fund)
Tax Services. Subject to and to the extent of receipt by the Custodian of relevant and necessary documentation and information with respect to the Funds and Portfolios that the Custodian has requested, the Custodian shall perform the following services: (i) file claims for exemptions, reductions in withholding taxes, or refunds of any tax with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate; (ii) withhold appropriate amounts as required by U.S. tax laws with respect to amounts received on behalf of nonresident aliens; and (iii) provide to the Funds such information actually received by the Custodian that could, in the Custodian’s 's reasonable belief and sole discretion, assist any of the Funds in their submission of any reports or returns with respect to taxes. Other than the servicing responsibilities identified herein, the Custodian shall have no responsibility or liability for any obligations now or hereafter imposed on any Fund, the Portfolios Fund or the Custodian as custodian of the Portfolios Funds by the tax law of any country or of any state or political subdivision thereof. It shall be the responsibility of each Fund to notify the Custodian of the obligations imposed on such Fund or the Custodian as custodian by the tax law of countries, states and political subdivisions thereof, including responsibility for withholding and other taxes, assessments or other governmental charges, certifications and governmental reporting. The sole responsibility of the Custodian with regard to such tax law shall be to use reasonable efforts to assist the Fund with respect to any claim for exemption or refund under the tax law of countries for which such Fund has provided sufficient information and documentation. As the Custodian does not provide tax advice, it is specifically understood and agreed that the Custodian shall not be considered the Fund’s 's tax advisor or tax counsel. In connection with the provision of services pursuant to this Section 6, the Custodian shall be kept indemnified by and shall be without liability to a Fund for any obligations, including taxes, withholding and reporting requirements, claims for exemption and refund, additions for late payment, interest, penalties and other expenses that may be assessed against the Fund, the Portfolios Fund or the Custodian as custodian of the assets of such Fund Fund; provided, however, that the Custodian shall not be entitled to such indemnification for any loss or Portfoliosliability directly resulting from the Custodian's fraud, negligence or willful misconduct in the performance of its duties hereunder. Each of the Funds agrees that the Custodian is authorized to deduct from any cash received or credited to the account of a Portfolio Fund any taxes or levies required by any tax or other governmental authority having jurisdiction in respect of such Portfolio’s Fund's transactions, and that the Custodian is authorized to disclose with notice to the Fund (to the extent legally permitted) any information required by any such tax or other governmental authority in relation to processing any claim for exemption from or reduction or refund of any taxes relating to Portfolio Fund transactions and holdings.
Appears in 1 contract
Samples: Master Custodian Agreement (O'Connor Fund of Funds: Masters)
Tax Services. Subject to and to the extent of receipt by the Custodian of relevant and necessary documentation and information with respect to the Funds Fund and Portfolios that the Custodian has requested, the Custodian shall perform the following services: (i) file claims for exemptions, reductions in withholding taxes, or refunds of any tax with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate; (ii) withhold appropriate amounts as required by U.S. tax laws with respect to amounts received on behalf of nonresident aliens; and (iii) provide to the Funds Fund such information actually received by the Custodian that could, in the Custodian’s reasonable belief and sole discretion, assist any of the Funds Fund in their its submission of any reports or returns with respect to taxes. Other than the servicing responsibilities identified herein, the Custodian shall have no responsibility or liability for any obligations now or hereafter imposed on any the Fund, the Portfolios or the Custodian as custodian of the Portfolios by the tax law of any country or of any state or political subdivision thereof. It shall be the responsibility of each the Fund to notify the Custodian of the obligations imposed on such the Fund or the Custodian as custodian by the tax law of countries, states and political subdivisions thereof, including responsibility for withholding and other taxes, assessments or other governmental charges, certifications and governmental reporting. The sole responsibility of the Custodian with regard to such tax law shall be to use reasonable efforts to assist the Fund with respect to any claim for exemption or refund under the tax law of countries for which such the Fund has provided sufficient information and documentation. As the Custodian does not provide tax advice, it is specifically understood and agreed that the Custodian shall not be considered the Fund’s tax advisor or tax counsel. In connection with the provision of services pursuant to this Section 6, the Custodian shall be kept indemnified by the Fund on behalf of each Portfolio, severally and not jointly, and shall be without liability to a the Fund or any Portfolio for any obligations, including taxes, withholding and reporting requirements, claims for exemption and refund, additions for late payment, interest, penalties and other expenses that may be assessed against the Fund, the Portfolios or the Custodian as custodian of the assets of such the Fund or Portfolios, except to the extent such results from the Custodian’s own negligence, bad faith, fraud or willful misconduct in the provision of any service expressly set forth in this Section 6. Each of the Funds The Fund agrees that the Custodian is authorized to deduct from any cash received or credited to the account of a Portfolio any taxes or levies required by any tax or other governmental authority having jurisdiction in respect of such Portfolio’s transactions, and that the Custodian is authorized to disclose any information required by any such tax or other governmental authority in relation to processing any claim for exemption from or reduction or refund of any taxes relating to Portfolio transactions and holdings.
Appears in 1 contract
Tax Services. (a) The Fund will provide documentary evidence of its tax domicile, organizational specifics and other documentation and information as may be required by the Custodian from time to time for tax purposes, including, without limitation, information relating to any special ruling or treatment to which the Fund may be entitled that is not applicable to the general nationality and category of person to which the Fund belongs under general laws and treaty obligations and documentation and information required in relation to countries where the Fund engages or proposes to engage in investment activity or where Portfolio assets are or will be held. The provision of such documentation and information shall be deemed to be a Proper Instruction, upon which the Custodian shall be entitled to rely and act. In giving such documentation and information, the Fund represents and warrants that it is true and correct in all material respects and that it will promptly provide the Custodian with all necessary corrections or updates upon becoming aware of any changes or inaccuracies in the documentation or information supplied.
(b) The Fund shall be liable for all taxes (including Taxes) relating to its investment activity, including with respect to any cash or securities held by the Custodian on behalf of the Fund or any transactions related thereto. Subject to compliance by the Fund with its obligations under Section 7(a), the Custodian shall withhold (or cause to be withheld) the amount of any Tax which is required to be withheld under applicable law in connection with the collection on behalf of the Fund pursuant to this Agreement of any dividend, interest income or other distribution with respect to any security and the proceeds or income from the sale or other transfer of any security held by the Custodian. If any Taxes become payable with respect to any prior payment made to the Fund by the Custodian or otherwise, the Custodian may apply any credit balance in the Fund’s deposit account to the extent necessary to satisfy such Tax obligation. The Client shall remain liable for any tax deficiency. The Custodian is not liable for any tax obligations relating to the Portfolio or the Fund, other than those Tax services as set out specifically in this Section. The Fund agrees that the Custodian is not, and shall not be deemed to be, providing tax advice or tax counsel.
(c) Subject to and to the extent of receipt by the Custodian of relevant and necessary documentation and information with respect to the Funds and Portfolios that the Custodian has requested, the Custodian shall perform the following services: (ia) file ( or cause to be filed) claims for exemptions, reductions in withholding taxes, or refunds of any tax with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate; (iib) withhold appropriate amounts as required by U.S. tax laws with respect to amounts received on behalf of U.S. nonresident aliensaliens with respect to securities held in custody with the Custodian; (c) withhold or 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 any U.S. or non-U.S. securities and proceeds or income from the sale or other transfer of such securities held in custody with the Custodian; (d) maintain tax entitlement accruals for possible tax benefits available in markets of investment and monitor tax entitlements and tax reclaim accruals based on current situations in markets of investment to protect the Fund’s entitlements; (e) where the 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 be filed) the documentation with the appropriate market authorities on the Fund’s behalf; (f) file (or cause to be filed) tax reclaims for those markets in which the Custodian has notified the Fund that it offers tax reclaims on an ongoing basis on behalf of the Fund; (g) work with the Fund’s local tax consultants and its Eligible Foreign Custodians to maintain compliance with reporting, payment, and filing requirements; and (iiih) provide to the Funds such information actually received by the Custodian that could, in the Custodian’s reasonable belief and sole discretion, assist any of the Funds in their submission of any reports or returns with respect to taxes. Other than Notwithstanding anything to the servicing responsibilities identified hereincontrary in the foregoing, the Custodian shall have no responsibility or liability for any obligations now or hereafter imposed on any Fund, the Portfolios or the Custodian as custodian of the Portfolios by the tax law of any country or of any state or political subdivision thereof. It it shall be the responsibility of each the Fund to notify the Custodian of the obligations imposed on such the Fund or the Custodian as custodian by the tax law of countries, states and political subdivisions thereof, including responsibility for withholding and other taxes, assessments or other governmental charges, certifications and governmental reporting. The sole responsibility of the Custodian with regard to such tax law shall be to use reasonable efforts to assist the Fund with respect to any claim for exemption or refund under the tax law of countries for which such the Fund has provided sufficient information and documentation. As Subject to compliance by the Fund with its obligations under Section 7(a), the Custodian does not provide will apply for a reduction of withholding tax advice, it is specifically understood and agreed that refund of any tax paid or tax credits which apply in each applicable market in respect of income payments on Securities for the Custodian shall not be considered benefit of the Fund’s tax advisor or tax counsel. In connection with Unless otherwise informed by the provision of services pursuant to this Section 6Fund, the Custodian shall be kept indemnified by and shall be without liability entitled to a apply categorical treatment of the Fund for any obligationsaccording to its nationality, including taxes, withholding and reporting requirements, claims for exemption and refund, additions for late payment, interest, penalties particulars of its organization and other expenses that may be assessed against relevant details supplied by the Fund, the Portfolios or the Custodian as custodian of the assets of such Fund or Portfolios. Each of the Funds agrees that the Custodian is authorized to deduct from any cash received or credited to the account of a Portfolio any taxes or levies required by any tax or other governmental authority having jurisdiction in respect of such Portfolio’s transactions, and that the Custodian is authorized to disclose any information required by any such tax or other governmental authority in relation to processing any claim for exemption from or reduction or refund of any taxes relating to Portfolio transactions and holdingsClient.
Appears in 1 contract
Samples: Custodian Agreement (Northwestern Mutual Series Fund Inc)
Tax Services. Subject to and to the extent of receipt by the Custodian of relevant and necessary documentation and information with respect to the Trust and Funds and Portfolios that the Custodian has requested, the Custodian shall perform the following services: (i) file claims for exemptions, reductions in withholding taxes, or refunds of any tax with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate; (ii) withhold appropriate amounts as required by U.S. tax laws with respect to amounts received on behalf of nonresident aliens; and (iii) provide to the Funds Trust such information actually received by the Custodian that could, in the Custodian’s reasonable belief and sole discretion, assist any of the Funds Trust in their its submission of any reports or returns with respect to taxes. Other than the servicing responsibilities identified herein, the Custodian shall have no responsibility or liability for any obligations now or hereafter imposed on any Fundthe Trust, the Portfolios Funds or the Custodian as custodian of the Portfolios Funds by the tax law of any country or of any state or political subdivision thereof. It shall be the responsibility of each Fund the Trust to notify the Custodian of the obligations imposed on such Fund the Trust or the Custodian as custodian by the tax law of countries, states and political subdivisions thereof, including responsibility for withholding and other taxes, assessments or other governmental charges, certifications and governmental reporting. The sole responsibility of the Custodian with regard to such tax law shall be to use reasonable efforts to assist the Fund Trust with respect to any claim for exemption or refund under the tax law of countries for which such Fund the Trust has provided sufficient information and documentation. As the Custodian does not provide tax advice, it is specifically understood and agreed that the Custodian shall not be considered the FundTrust’s tax advisor or tax counsel. In connection with the provision of services pursuant to this Section 69, the Custodian shall be kept indemnified by and shall be without liability to a Fund the Trust for any obligations, including taxes, withholding and reporting requirements, claims for exemption and refund, additions for late payment, interest, penalties and other expenses that may be assessed against the FundTrust, the Portfolios Funds or the Custodian as custodian of the assets of such Fund the Trust or PortfoliosFunds. Each of the Funds The Trust agrees that the Custodian is authorized to deduct from any cash received or credited to the account of a Portfolio Fund any taxes or levies required by any tax or other governmental authority having jurisdiction in respect of such PortfolioFund’s transactions, and that the Custodian is authorized to disclose any information required by any such tax or other governmental authority in relation to processing any claim for exemption from or reduction or refund of any taxes relating to Portfolio Fund transactions and holdings.
Appears in 1 contract
Tax Services. Subject to and to the extent of receipt by the Custodian of relevant and necessary documentation and information with respect to the Funds Fund and Portfolios that the Custodian has requested, the Custodian shall perform the following services: (i) file claims for exemptions, reductions in withholding taxes, or refunds of any tax with respect to withheld foreign (non-U.S.) taxes in instances in which such claims are appropriate; (ii) withhold appropriate amounts as required by U.S. tax laws with respect to amounts received on behalf of nonresident aliens; and (iii) provide to the Funds Fund such information actually received by the Custodian that could, in the Custodian’s reasonable belief and sole discretionbelief, assist any of the Funds Fund in their its submission of any reports or returns with respect to taxes. Other than the servicing responsibilities identified herein, the Custodian shall have no responsibility or liability for any obligations now or hereafter imposed on any the Fund, the Portfolios or the Custodian as custodian of the Portfolios by the tax law of any country or of any state or political subdivision thereof. It shall be the responsibility of each the Fund to notify the Custodian of the obligations imposed on such the Fund or the Custodian as custodian by the tax law of countries, states and political subdivisions thereof, including responsibility for withholding and other taxes, assessments or other governmental charges, certifications and governmental reporting. The sole responsibility of the Custodian with regard to such tax law shall be to use reasonable efforts to assist the Fund with respect to any claim for exemption or refund under the tax law of countries for which such the Fund has provided sufficient information and documentation. As the Custodian does not provide tax advice, it is specifically understood and agreed that the Custodian shall not be considered the Fund’s tax advisor or tax counsel. In connection with the provision of services pursuant to this Section 69, the Custodian shall be kept indemnified by and shall be without liability to a the Fund for any obligations, including taxes, withholding and reporting requirements, claims for exemption and refund, additions for late payment, interest, penalties and other expenses that may be assessed against the Fund, the Portfolios or the Custodian as custodian of the assets of such the Fund or Portfolios. Each of the Funds The Fund agrees that the Custodian is authorized to deduct from any cash received or credited to the account of a Portfolio any taxes or levies required by any tax or other governmental authority having jurisdiction in respect of such Portfolio’s transactions, and that the Custodian is authorized to disclose any information required by any such tax or other governmental authority in relation to processing any claim for exemption from or reduction or refund of any taxes relating to Portfolio transactions and holdings.
Appears in 1 contract
Samples: Custodian Agreement (HIMCO Variable Insurance Trust)