Taxes Reports and Records. 12 8.1 Tax Obligations 12 8.2 Pricing and Other Data 13 8.3 Statements and Reports 13 8.4 Review of Reports 13 8.5 Books and Records 13 8.6 Required Disclosure 14 8.7 Tools 14 SECTION 9 – PROVISIONS REGARDING THE CUSTODIAN 15 9.1 Standard of Care 15 9.2 Limitation of Duties and Liability 15 9.3 Losses 16 9.4 Gains 16 9.5 Force Majeure 16 9.6 Fees 16 9.7 Indemnification 16 SECTION 10 – AMENDMENT; TERMINATION; ASSIGNMENT 16 10.1 Amendment 16 10.2 Termination 16 10.3 Successors and Assigns 17 SECTION 11 – ADDITIONAL PROVISIONS 17 11.1 Confidentiality 17 11.2 Non-Custody Assets 18 11.3 Appropriate Action 18 11.4 Governing Law 18 11.5 Representations 19 11.6 USA PATRIOT Act 19 11.7 Non-Fiduciary Status 19 11.8 Fund Obligations 19 11.9 Notices 19 11.10 Entire Agreement 20 11.11 Necessary Parties 20 11.12 Execution in Counterparts 20 CUSTODY AGREEMENT CUSTODY AGREEMENT, dated as of June 17, 2013 (“Agreement”) between each PowerShares trust listed on Schedule I attached hereto, each a business trust, having its principal office and place of business at 0000 Xxxxx Xxxx, Xxxxx 000, Xxxxxxx Xxxxx, XX 00000 (the “Fund”), on behalf of itself and its Series, and The Bank of New York Mellon, a New York corporation authorized to do a banking business having its principal office and place of business at Xxx Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (“Custodian”).
Appears in 4 contracts
Samples: Custody Agreement (PowerShares Exchange-Traded Fund Trust II), Custody Agreement (PowerShares Exchange-Traded Fund Trust II), Custody Agreement (PowerShares Exchange-Traded Fund Trust II)