Common use of Termination and Assignment Clause in Contracts

Termination and Assignment. (a) This agreement may be terminated with respect to one or more Funds by the Trust or by the Custodian, immediately upon written notice from the Trust or the Custodian, as applicable, to the other party, if the other party fails materially to perform its obligations hereunder, and may otherwise be terminated by the Trust or by the Custodian on sixty (60) days' notice, given in writing and sent by registered mail to the Custodian or the Trust as the case may be. Upon termination of this Agreement, the Custodian shall deliver the Securities and cash in the Account of the Funds for which this Agreement has been terminated to the Trust as is designated in writing by the Trust and, in the absence of such a designation may, but shall not be obligated to, deliver them to a bank or trust company of the Custodian's own selection having an aggregate capital, surplus and undivided profits as shown by its last published report of not less than 50 million dollars ($50,000,000), the Securities and cash to be held by such bank or trust company for the benefit of the Trust under terms similar to those of this Agreement, and the Trust shall be obligated to pay to such transferee the then current rates of such transferee for services rendered by it. The Custodian may decline, however, to transfer such amount of such Securities equivalent to all fees and other sums owing by the applicable Fund to the Custodian, and the Custodian shall have a charge against and security interest in such amount until all monies owing to it have been paid or escrowed to its satisfaction. (b) This Agreement may not be assigned by the Custodian without the consent of the Trust, authorized or approved by a resolution of the Trust's Board of Trustees.

Termination and Assignment. (a) This agreement may be terminated with respect to one or more Funds by the Trust Fund or by the Custodian, immediately upon written notice from the Trust Fund or the Custodian, as applicable, to the other party, if the other party fails materially to perform its obligations hereunder, and may otherwise be terminated by the Trust Fund or by the Custodian on sixty not less than ninety (6090) days' notice, given in writing and sent by registered mail to the Custodian or the Trust Fund as the case may be. Upon termination of this Agreement, the Custodian shall deliver the Securities and cash in the Account account of the Funds for which this Agreement has been terminated Fund to the Trust such entity as is designated in writing by the Trust and, Fund and in the absence of such a designation may, but shall not be obligated to, deliver them to a bank or trust company of the Custodian's own selection having an aggregate capital, surplus and undivided profits as shown by its last published report of not less than 50 million dollars ($50,000,000), the Securities and cash to be held by such bank or trust company for the benefit of the Trust Fund under terms similar to those of this Agreement, Agreement and the Trust shall Fund to be obligated to pay to such transferee the then current rates of such transferee for services rendered by it. The Custodian may decline; provided, however, that the Custodian may decline to transfer such amount of such Securities equivalent to all fees and other sums owing by the applicable Fund to the Custodian, and the Custodian shall have a charge against and security interest in such amount until all monies moneys owing to it have been paid paid, or escrowed to its satisfaction. (b) . This Agreement may not be assigned by the Custodian without the consent of the TrustFund, authorized or approved by a resolution of the TrustFund's Board of Trustees.

Termination and Assignment. (a) This agreement may be terminated with respect to one or more Funds by the Trust Fund or by the Custodian, immediately upon written notice from the Trust Fund or the Custodian, as applicable, to the other party, if the other party fails materially to perform its obligations hereunder, and may otherwise be terminated by the Trust Fund or by the Custodian on sixty ninety (6090) days' notice, given in writing and sent by registered mail to the Custodian or the Trust Fund as the case may be. Upon termination of this Agreement, the Custodian shall deliver the Securities and cash in the Account account of the Funds for which this Agreement has been terminated Fund to the Trust such entity as is designated in writing by the Trust and, Fund and in the absence of such a designation may, but shall not be obligated to, deliver them to a bank or trust company of the Custodian's own selection having an aggregate capital, surplus and undivided profits as shown by its last published report of not less than 50 million dollars ($50,000,000), the Securities and cash to be held by such bank or trust company for the benefit of the Trust Fund under terms similar to those of this Agreement, Agreement and the Trust shall Fund to be obligated to pay to such transferee the then current rates of such transferee for services rendered by it. The Custodian may decline; provided, however, that the Custodian may decline to transfer such amount of such Securities equivalent to all fees and other sums owing by the applicable Fund to the Custodian, and the Custodian shall have a charge against and security interest in such amount until all monies owing to it have been paid paid, or escrowed to its satisfaction. (b) . This Agreement may not be assigned by the Custodian without the consent of the TrustFund, authorized or approved by a resolution of the TrustFund's Board of Trustees.

Termination and Assignment. (a) This agreement may be terminated by the with respect to one or more Funds Fund or by the Trust or by the Custodian, immediately upon written notice from the Trust Fund or the Custodian, as applicable, to the other party, if the other party fails materially to perform its obligations hereunder, and may otherwise be terminated by the Trust Fund or by the Custodian on sixty ninety (60960) days' notice, given in writing and sent by registered mail to the Custodian or the Trust Fund as the case may be. Upon termination of this Agreement, the Custodian shall deliver the Securities and cash in the Account aAccount of the Funds for which this Agreement has been terminated to the Trust such entity as is designated in writing by the Trust Fund and, in the absence of such a designation may, but shall not be obligated to, deliver them to a bank or trust company of the Custodian's own selection having an aggregate capital, surplus and undivided profits as shown by its last published report of not less than 50 million dollars ($50,000,000), the Securities and cash to be held by such bank or trust company for the benefit of the Trust Fund under terms similar to those of this Agreement, and the Trust Fund shall to be obligated to pay to such transferee the then current rates of such transferee for services rendered by it. ; provided, however, that t. The Custodian may decline, however, to transfer such amount of such Securities equivalent to all fees and other sums owing by the applicable Fund to the Custodian, and the Custodian shall have a charge against and security interest in such amount until all monies owing to it have been paid paid, or escrowed to its satisfaction. (b) This Agreement may not be assigned by the Custodian without the consent of the TrustTrustFund, authorized or approved by a resolution of the Trust's Fund's Board of Trustees.

Termination and Assignment. (a) This agreement may be terminated with respect to one or more Funds by the Trust Fund or by the Custodiancustodian, immediately upon written notice from the Trust Fund or the Custodian, as applicable, to the other party, if the other party fails materially to perform its obligations hereunder, and may otherwise be terminated by the Trust Fund or by the Custodian on sixty ninety (6090) days' notice, given in writing and sent by registered mail to the Custodian or the Trust Fund as the case may be. Upon termination of this Agreement, the Custodian shall deliver the Securities and cash in the Account account of the Funds for which this Agreement has been terminated Fund to the Trust such entity as is designated in writing by the Trust and, Fund and in the absence of such a designation may, but shall not be obligated to, deliver them to a bank or trust company of the Custodian's own selection having an aggregate capital, surplus and undivided profits as shown by its last published report of not less than 50 million dollars ($50,000,000), the Securities and cash to be held by such bank or trust company for the benefit of the Trust Fund under terms similar to those of this Agreement, Agreement and the Trust shall Fund to be obligated to pay to such transferee the then current rates currents of such transferee for services rendered by it. The Custodian may decline; provided, however, that the Custodian may decline to transfer such amount of such Securities equivalent to all fees and other sums owing by the applicable Fund to the Custodian, and the Custodian shall have a charge against and security interest in such amount until all monies owing to it have been paid paid, or escrowed to its satisfaction. (b) . This Agreement may not be assigned by the Custodian without the consent of the TrustFund, authorized or approved by a resolution of the TrustFund's Board of Trustees.