Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust on the same basis, if any, that it performs duties as agent for the Trust with respect to any other of the Trust’s investments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust shall be responsible for any and all costs and interest charges which may be incurred by the Trust or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 36 contracts
Samples: Custody Agreement (American Pension Investors Trust), Custody Agreement (Avondale Funds), Custody Agreement (TCG Financial Series Trust II)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the Trust’s investmentsFund's Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of U.S. Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, and (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Subject to the Custodian's Standard of Care under this Agreement, the Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 29 contracts
Samples: Custodian Agreement (Pioneer CoreTrust I), Custodian Agreement (Pioneer Securitized Income Fund), Custodian Agreement (Pioneer ILS Bridge Fund)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the Trust’s investmentsFund's Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, and (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 22 contracts
Samples: Custodian Agreement (Schwab Annuity Portfolios), Custodian Agreement (DWS Investors Funds, Inc.), Custodian Agreement (Touchstone Tax Free Trust)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the Trust’s investmentsFund's Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which the Fund has executed a foreign exchange contract or option has been executed pursuant heretooption, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency brokerbrokers/dealers for settlement of the Trust’s Fund's foreign exchange spot or forward transactions, foreign exchange currency swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time of the CLS Bank according to such banking facilities CLS Bank's standard termsterms and conditions, and (d) shall hold in safekeeping all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeepingtransactions. The Trust Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said the foreign exchange contracts and options and understands that the Trust Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 18 contracts
Samples: Funds Transfer Services Agreement (THOR Financial Technologies Trust), Custodian Agreement (Advisors' Inner Circle Fund), Execution Version (Gallery Trust)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Company on the same basis, if any, that it performs duties as agent for the Trust Company with respect to any other of the TrustCompany’s investments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Company in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the TrustCompany’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by the Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Company accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust Company shall be responsible for any and all costs and interest charges which may be incurred by the Trust Company or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange. Company shall be responsible for any and all costs, expenses, charges or shortfalls which may be incurred as a result of any foreign exchange transaction performed in connection with any Advance or payment of any interest or dividend credited to the account of a Fund or the reversal thereof.
Appears in 18 contracts
Samples: Custody Agreement (MSS Series Trust), Custody Agreement (Capitol Series Trust), Custody Agreement (MSS Series Trust)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Corporation on the same basis, if any, that it performs duties as agent for the Trust Corporation with respect to any other of the TrustCorporation’s investments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Corporation in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the TrustCorporation’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Corporation accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust Corporation shall be responsible for any and all costs and interest charges which may be incurred by the Trust Corporation or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 17 contracts
Samples: Custody Agreement (Mh Elite Portfolio of Funds Trust), Custody Agreement (Mh Elite Portfolio of Funds Trust), Custody Agreement
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the Trust’s investmentsFund's Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunderthereunder unless (a) such counterparty is a parent, subsidiary or otherwise affiliated with the Custodian or (b) the Custodian's negligence, bad faith or willful misconduct was the direct cause of the counterparty failing to perform its obligations or (c) a transaction or other matter between the Custodian and the counterparty unrelated to the Funds was the cause of the counterparty's failure to perform. Under (a), (b) or (c) , the Custodian shall be liable. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, and (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange. The Custodian or Subcustodian shall respectively be responsible for any failure or delay of third parties to deliver foreign exchange when either of those parties respectively is a parent, subsidiary or otherwise affiliated with such third party.
Appears in 16 contracts
Samples: Custodian Agreement (Vanguard Explorer Fund), Custodian Agreement (Vanguard Whitehall Funds), Custodian Agreement (Vanguard Fenway Funds)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the Trust’s investmentsFund's Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of United States Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, and (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 11 contracts
Samples: Custodian Agreement (Nicholas Applegate Investment Trust), Custodian Agreement (Lexington International Fund Inc), Custodian Agreement (Lexington Global Technology Fund Inc)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund or a Portfolio on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the TrustFund's or a Portfolio’s investmentsInvestments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund or a Portfolio in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant heretoexecuted, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency brokerbrokers/dealers for settlement of the TrustFund’s foreign exchange spot or forward transactions, foreign exchange currency swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time of the CLS Bank according to such banking facilities CLS Bank’s standard termsterms and conditions, and (d) shall hold in safekeeping all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeepingtransactions. The Trust Fund on behalf of the Portfolios accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said the foreign exchange contracts and options and understands that the Trust each applicable Portfolio shall be responsible for any and all costs and interest charges which may be incurred by the Trust it or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 10 contracts
Samples: Custodian Agreement (Investment Managers Series Trust II), Custodian Agreement (Investment Managers Series Trust II), Custodian and Transfer Agent Agreement (Unified Series Trust)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the Trust’s investmentsFund's Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunderthereunder unless (a) such counterparty is a parent, subsidiary or otherwise affiliated with the Custodian or (b) the Custodian’s negligence, bad faith or willful misconduct was the direct cause of the counterparty failing to perform its obligations or (c) a transaction or other matter between the Custodian and the counterparty unrelated to the Funds was the cause of the counterparty’s failure to perform. Under (a), (b) or (c) , the Custodian shall be liable. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign 38362-4 11/22/2016 exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, and (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange. The Custodian or Subcustodian shall respectively be responsible for any failure or delay of third parties to deliver foreign exchange when either of those parties respectively is a parent, subsidiary or otherwise affiliated with such third party.
Appears in 8 contracts
Samples: Custodian Agreement (Vanguard Montgomery Funds), Custodian Agreement (Vanguard Tax-Managed Funds), Custodian Agreement (Vanguard International Equity Index Funds)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust or a Fund on the same basis, if any, that basis it performs duties as agent for the Trust with respect to any other of the Trust’s investmentsor a Fund’s Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust or a Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant heretoexecuted, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency brokerbrokers/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange currency swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time of the CLS Bank according to such banking facilities CLS Bank’s standard termsterms and conditions, and (d) shall hold in safekeeping all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeepingtransactions. The Trust on behalf of a Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said the foreign exchange contracts and options and understands that the Trust each applicable Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust it or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 7 contracts
Samples: Custodian and Transfer Agent Agreement (Pointbreak ETF Trust), Custodian and Transfer Agent Agreement (Pointbreak ETF Trust), Custodian and Transfer Agent Agreement (Pointbreak ETF Trust)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the Trust’s investmentsFund's Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunderthereunder unless (a) such counterparty is a parent, subsidiary or otherwise affiliated with the Custodian or (b) the Custodian’s negligence, bad faith or willful misconduct was the direct cause of the counterparty failing to perform its obligations or (c) a transaction or other matter between the Custodian and the counterparty unrelated to the Funds was the cause of the counterparty’s failure to perform. Under (a), (b) or (c) , the Custodian shall be liable. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign 38362-4 2/21/2018 exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, and (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange. The Custodian or Subcustodian shall respectively be responsible for any failure or delay of third parties to deliver foreign exchange when either of those parties respectively is a parent, subsidiary or otherwise affiliated with such third party.
Appears in 6 contracts
Samples: Custodian Agreement (Vanguard Specialized Funds), Custodian Agreement (Vanguard World Fund), Custodian Agreement (Vanguard Variable Insurance Funds)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust a Fund on the same basis, if any, that it performs duties as agent for the Trust Fund with respect to any other of the TrustFund’s investments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash Cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash Cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash Cash payments made to third party currency broker/dealers for settlement of the Trusta Fund’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by the Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Each Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange. Each Fund shall be responsible for any and all costs, expenses, charges or shortfalls which may be incurred as a result of any foreign exchange transaction performed in connection with any Advance or payment of any interest or dividend credited to the account of the Fund or the reversal thereof.
Appears in 5 contracts
Samples: Custody Agreement (Paradigm Funds), Custody Agreement (Blue Chip Investor Funds), Custody Agreement (Mundoval Funds)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the Trust’s investmentsFund's Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of United States Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, and (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of performance under said foreign exchange contracts and options and understands that the Trust Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 5 contracts
Samples: Custody Agreement (Pilgrim Mutual Funds), Form of Custodian Agreement (Pilgrim Troika Dialog Russia Fund Inc), Form of Custodian Agreement (Aetna Series Fund Inc)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the TrustFund’s investmentsInvestments (the Standard of Care as defined in Section 9). Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which the Fund has executed a foreign exchange contract or option has been executed pursuant heretooption, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency brokerbrokers/dealers for settlement of the TrustFund’s foreign exchange spot or forward transactions, foreign exchange currency swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time of the CLS Bank according to such banking facilities CLS Bank’s standard termsterms and conditions, and (d) shall hold in safekeeping all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeepingtransactions. The Trust Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said the foreign exchange contracts and options and understands that the Trust Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 4 contracts
Samples: Custodian Agreement (Mutual of America Investment Corp), Form Of (Mutual of America Variable Insurance Portfolios, Inc.), Custodian Agreement (Mutual of America Institutional Funds Inc)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the Trust’s investmentsFund's Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunderthereunder unless (a) such counterparty is a parent, subsidiary or otherwise affiliated with the Custodian or (b) the Custodian's negligence, bad faith or willful misconduct was the direct cause of the counterparty failing to perform its obligations or (c) a transaction or other matter between the Custodian and the counterparty unrelated to the Funds was the cause of the counterparty's failure to perform. Under (a), (b), or (c), the Custodian shall be liable. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, and (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange. The Custodian or Subcustodian shall respectively be responsible for any failure or delay of third parties to deliver foreign exchange when either of those parties respectively is a parent, subsidiary or otherwise affiliated with such third party.
Appears in 4 contracts
Samples: Custodian Agreement (Vanguard Horizon Fund Inc), Country Subcustodian Depositories (Vanguard Trustees Equity Fund), Custodian Agreement (Vanguard Variable Insurance Fund)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund or a Portfolio on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the TrustFund’s investmentsor a Portfolio’s Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund or a Portfolio in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant heretoexecuted, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency brokerbrokers/dealers for settlement of the TrustFund’s foreign exchange spot or forward transactions, foreign exchange currency swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time of the CLS Bank according to such banking facilities CLS Bank’s standard termsterms and conditions, and (d) shall hold in safekeeping all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeepingtransactions. The Trust Fund on behalf of the Portfolios accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said the foreign exchange contracts and options and understands that the Trust each applicable Portfolio shall be responsible for any and all costs and interest charges which may be incurred by the Trust it or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 3 contracts
Samples: Custodian and Transfer Agent Agreement (Metaurus Equity Component Trust), Custodian and Transfer Agent Agreement (Metaurus Equity Component Trust), Custodian and Transfer Agent Agreement (Cambria ETF Trust)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Company on the same basis, if any, that it performs duties as agent for the Trust Company with respect to any other of the Trust’s a Fund's investments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust a Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars U.S. dollars or foreign currency without upon receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s a Fund's foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by the Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Company accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust a Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust that Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange. Each Fund shall be responsible for any and all costs, expenses, charges or shortfalls which may be incurred as a result of any foreign exchange transaction performed in connection with any Advance or payment of any interest or dividend credited to the account of such Fund or the reversal thereof.
Appears in 3 contracts
Samples: Custody Agreement (Foxby Corp.), Custody Agreement (Dividend & Income Fund), Custody Agreement (Midas Series Trust)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the TrustFund’s investmentsInvestments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of U.S. Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, and (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Subject to the Custodian’s Standard of Care under this Agreement, the Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 3 contracts
Samples: Custodian Agreement (Pioneer Municipal High Income Opportunities Fund, Inc.), Custodian Agreement (Pioneer Floating Rate Trust), Custodian Agreement (Pioneer ILS Interval Fund)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust a Fund on the same basis, if any, that it performs duties as agent for the Trust with respect to any other of the Trust’s investmentsa Fund's Investments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust a Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s 's foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Each Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust such Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchangeexchange contracts and options.
Appears in 3 contracts
Samples: Custody Agreement (Unified Series Trust), Custody Agreement (Northern Lights Fund Trust Ii), Custody Agreement (Northern Lights Fund Trust Iii)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to a Fund of the Trust Corporation on the same basis, if any, that it performs duties as agent for the Trust appropriate Fund of the Corporation with respect to any other of the TrustFund’s investments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust appropriate Fund of the Corporation in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue counter value currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the TrustFund’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Each Fund of the Corporation accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust appropriate Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 2 contracts
Samples: Custody Agreement, Custody Agreement (Spirit of America Investment Fund Inc)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund on behalf of a Portfolio on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the Trusta Portfolio’s investmentsInvestments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Portfolio in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which the Fund has executed a foreign exchange contract or option has been executed pursuant heretooption, [(b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency brokerbrokers/dealers for settlement of the TrustFund’s foreign exchange spot or forward transactions, foreign exchange currency swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time of the CLS Bank according to such banking facilities CLS Bank’s standard termsterms and conditions, and (d) shall hold in safekeeping all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeepingtransactions. The Trust Fund on behalf of a Portfolio accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said the foreign exchange contracts and options and understands that the Trust each applicable Portfolio shall be responsible for any and all costs and interest charges which may be incurred by the Trust Portfolio or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 2 contracts
Samples: Custodian Agreement (James Alpha Funds Trust), Custodian Agreement (James Alpha Funds Trust)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust on the same basis, if any, that it performs duties as agent for the Trust with respect to any other of the Trust’s investments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust shall be responsible for any and all costs and interest charges which may be incurred by the Trust or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.in
Appears in 2 contracts
Samples: Custody Agreement (Capitol Series Trust), Custody Agreement (Two Roads Shared Trust)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, options and options on futures), where any third party acts as principal counterparty to the Trust on the same basis, if any, that it performs duties as agent for the Trust with respect to any other of the Trust’s investments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust in respect of such contracts pursuant to Written Proper Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianCustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Proper Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by the Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust shall be responsible for any and all costs and interest charges which may be incurred by the Trust or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 2 contracts
Samples: Custodian Agreement (Huntington Funds), Custodian Agreement (Huntington Funds)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund or a Company on the same basis, if any, that basis it performs duties as agent for the Trust Fund or Company with respect to any other of the TrustFund’s investmentsor Company’s Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund or Company in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, received and (c) may, in connection with cash payments made to third party currency brokerbrokers/dealers for settlement of the TrustFund’s or Company’s foreign exchange spot or forward transactions, foreign exchange currency swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time of the CLS Bank according to such banking facilities CLS Bank’s standard terms, terms and conditions and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust accepts Each of the Funds and Companies accept full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options options, and understands that the Trust Funds or Companies shall be responsible for any and all costs and interest charges which may be incurred by the Trust a Fund, a Company or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange. Nothing in this section shall relieve the Custodian of its responsibility for its own actions in connection with such transactions.
Appears in 2 contracts
Samples: Custodian Agreement (Sei Institutional Investments Trust), Custodian Agreement (Sei Institutional Managed Trust)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), ) where any third party acts as principal counterparty to the Trust Fund on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the Trust’s investmentsFund's Investments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund in respect of such contracts pursuant to Written Instructions. The Foreign exchange transactions, other than those executed with the Custodian as principal, but including those executed with Subcutsodians, shall not be responsible for deemed to be Investments of the failure Fund and the responsibility of any counterparty (including any Sub-custodian) the Custodian therefor shall be the same as and no greater than the Custodian's responsibility in such agency transaction to perform its obligations thereunderrespect of other Investments of the Fund. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, and (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 2 contracts
Samples: Form of Custodian Agreement (Mackenzie Solutions), Form of Custodian Agreement (Mackenzie Solutions)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust a Fund on the same basis, if any, that it performs duties as agent for the Trust with respect to any other of the Trusta Fund’s investmentsInvestments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust a Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Each Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust such Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchangeexchange contracts and options.
Appears in 2 contracts
Samples: Custody Agreement (Unified Series Trust), Custody Agreement (Grand Prix Investors Trust)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the Trust’s investmentsFund's Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of U.S. Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, and (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 2 contracts
Samples: Custodian Agreement (Janus Adviser), Custodian Agreement (Janus Adviser)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust on the same basis, if any, that basis it performs duties as agent for the Trust with respect to any other of the Trust’s investments's Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker broker/dealer or banking institution with which the Trust has executed a foreign exchange contract or option has been executed pursuant heretooption, (b) may make free outgoing payments of cash in the form of U.S. Dollars or foreign currency consistent with applicable Instruction without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time of CLS Bank according to such banking facilities CLS Bank’s standard termsterms and conditions, and (d) shall hold in safekeeping all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeepingtransactions. The Trust accepts full responsibility for its use of third-party foreign exchange broker/dealers and for execution of said the foreign exchange contracts and options and understands that the Trust shall be responsible for any and all costs and interest charges which may be incurred by the Trust or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 1 contract
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange foreignexchange transactions (including without limitation contracts, futures, options, and options on futuresonfutures), where any third party acts as principal counterparty to the Trust on the same basis, if any, ,that it performs duties as agent for the Trust with respect to any other of the Trust’s investments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf onbehalf of the Trust in respect of such contracts pursuant to Written Instructions. The Custodian shall Custodianshall not be responsible for the failure of any counterparty (including any Sub-custodian) in such agency suchagency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written andWritten Instructions to and from the currency broker or banking institution with which a foreign exchange foreignexchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments outgoingpayments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign aforeign exchange contract or option or confirmation that the countervalue currency completing the foreign theforeign exchange contract has been delivered or received or that the option has been delivered or receivedorreceived, (c) may, in connection with cash payments made to third party currency broker/dealers for dealersfor settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions swaptransactions and similar foreign exchange transactions, process settlements using the banking facilities bankingfacilities selected by Custodian from time to time according to such banking facilities standard termsstandardterms, and (d) shall hold all confirmations, certificates and other documents and agreements received agreementsreceived by the Custodian and evidencing or relating to such foreign exchange transactions in safekeepinginsafekeeping. The Trust accepts full responsibility for its use of third-party foreign exchange dealers exchangedealers and for execution of said foreign exchange contracts and options and understands that the Trust theTrust shall be responsible for any and all costs and interest charges which may be incurred by the Trust theTrust or the Custodian as a result of the failure or delay of third parties to deliver foreign exchangeforeignexchange.
Appears in 1 contract
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust on the same basis, if any, that basis it performs duties as agent for the Trust with respect to any other of the Trust’s investments's Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of United States Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, and (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust shall be responsible for any and all costs and interest charges which may be incurred by the Trust or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
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Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the Trust’s investmentsFund's Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars U.S. dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, and (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
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Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust a Fund on the same basis, if any, that it performs duties as agent for the Trust Fund with respect to any other of the TrustFund’s investments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-Sub- custodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash Cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash Cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash Cash payments made to third party currency broker/dealers for settlement of the Trusta Fund’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by the Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Each Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange. Each Fund shall be responsible for any and all costs, expenses, charges or shortfalls which may be incurred as a result of any foreign exchange transaction performed in connection with any Advance or payment of any interest or dividend credited to the account of the Fund or the reversal thereof.
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Samples: Custody Agreement (Collaborative Investment Series Trust)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust on the same basis, if any, that it performs duties as agent for the Trust with respect to any other of the Trust’s 's investments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s 's foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust shall be responsible for any and all costs and interest charges which may be incurred by the Trust or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
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Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund or a Portfolio on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the TrustFund’s investmentsor a Portfolio’s Investments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund or a Portfolio in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant heretoexecuted, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency brokerbrokers/dealers for settlement of the TrustFund’s foreign exchange spot or forward transactions, foreign exchange currency swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time of the CLS Bank according to such banking facilities CLS Bank’s standard termsterms and conditions, and (d) shall hold in safekeeping all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeepingtransactions. The Trust Fund on behalf of the Portfolios accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said the foreign exchange contracts and options and understands that the Trust each applicable Portfolio shall be responsible for any and all costs and interest charges which may be incurred by the Trust it or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 1 contract
Samples: Custodian Agreement (Pgim Etf Trust)
Third Party Foreign Exchange Transactions. The Custodian Global Sub-custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Bank on the same basis, if any, that basis it performs duties as agent for the Trust Bank with respect to any other of the TrustBank’s Customer’s investments. Accordingly, the Custodian Global Sub-custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Bank in respect of such contracts pursuant to Written Instructions. The Custodian Global Sub-custodian shall not be responsible for the failure of any counterparty (including any Sub-custodiansubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian Global Sub-custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the TrustBank’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time of CLS Bank according to such banking facilities CLS Bank’s standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian Global Sub-custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Bank accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust Bank shall be responsible for any and all costs and interest charges which may be incurred by the Trust Bank or the Custodian Global Sub-custodian as a result of the failure or delay of third parties to deliver foreign exchange.
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Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund on the same basis, if any, that it performs duties as agent for the Trust Fund with respect to any other of the Trust’s investments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust a Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trusta Fund’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust shall be responsible for any and all costs and interest charges which may be incurred by the Trust or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
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Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Corporation on the same basis, if any, that it performs duties as agent for the Trust Corporation with respect to any other of the TrustCorporation’s investments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Corporation in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the Exhibit 99.g countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the TrustCorporation’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Corporation accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust Corporation shall be responsible for any and all costs and interest charges which may be incurred by the Trust Corporation or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 1 contract
Samples: Custody Agreement (Mh Elite Portfolio of Funds Trust)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund, on behalf of a Portfolio, on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the Trust’s investmentsa Portfolio's Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust a Portfolio in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which the Fund has executed a foreign exchange contract or option has been executed pursuant heretooption, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency brokerbrokers/dealers for settlement of the TrustFund’s foreign exchange spot or forward transactions, foreign exchange currency swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time of the CLS Bank according to such banking facilities CLS Bank’s standard termsterms and conditions, and (d) shall hold in safekeeping all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeepingtransactions. The Trust Fund, on behalf of a Portfolio, accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said the foreign exchange contracts and options and understands that the Trust each applicable Portfolio shall be responsible for any and all costs and interest charges which may be incurred by the Trust Portfolio or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 1 contract
Samples: Custodian and Transfer Agent Agreement (Uncommon Investment Funds Trust)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund or a Portfolio on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the Trust’s investmentsFund's or a Portfolio's Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on oil behalf of the Trust Fund or a Portfolio in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant heretoexecuted, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency brokerbrokers/dealers for settlement of the Trust’s Fund's foreign exchange spot or forward transactions, foreign exchange currency swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time of the CLS Bank according to such banking facilities CLS Bank's standard termsterms and conditions, and (d) shall hold in safekeeping all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeepingtransactions. The Trust Fund on behalf of the Portfolios accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said the foreign exchange contracts and options and understands that the Trust each applicable Portfolio shall be responsible for any and all costs and interest charges which may be incurred by the Trust it or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 1 contract
Samples: Custodian and Transfer Agent Agreement (LocalShares Investment Trust)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund or a Portfolio on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the TrustFund's or a Portfolio’s investmentsInvestments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund or a Portfolio in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodiana counterparty that is a Subcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant heretoexecuted, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency brokerbrokers/dealers for settlement of the TrustFund’s foreign exchange spot or forward transactions, foreign exchange currency swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time of the CLS Bank according to such banking facilities CLS Bank’s standard termsterms and conditions, and (d) shall hold in safekeeping all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeepingtransactions. The Trust Fund on behalf of the Portfolios accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said the foreign exchange contracts and options and understands that the Trust each applicable Portfolio shall be responsible for any and all costs and interest charges which may be incurred by the Trust it or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 1 contract
Samples: Custodian and Transfer Agent Agreement (Krane Shares Trust)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund or a Portfolio on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the TrustFund's or a Portfolio’s investmentsInvestments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund or a Portfolio in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant heretoexecuted, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency brokerbrokers/dealers for settlement of the TrustFund’s foreign exchange spot or forward transactions, foreign exchange currency swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time of the CLS Bank according to such banking facilities CLS Bank’s standard termsterms and conditions, and (d) shall hold in safekeeping all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeepingtransactions. The Trust Fund on behalf of the Portfolios accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said the foreign exchange contracts and options and understands that the Trust each applicable Portfolio shall be responsible for any and all costs and interest charges which may be incurred by the Trust it or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
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Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the Trust’s investmentsFund's Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which the Fund has executed a foreign exchange contract or option has been executed pursuant heretooption, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency brokerbrokers/dealers for settlement of the Trust’s Fund's foreign exchange spot or forward transactions, foreign exchange currency swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time of the CLS Bank according to such banking facilities CLS Bank's standard termsterms and conditions, and (d) shall hold in safekeeping all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeepingtransactions. The Trust Fund accepts full responsibility for its use of third-third party foreign exchange dealers and for execution of said the foreign exchange contracts and options and understands that the Trust Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 1 contract
Samples: Form of Custodian Agreement (First Trust Exchange-Traded Fund Iv)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund, on behalf of a Portfolio, on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the Trusta Portfolio’s investmentsInvestments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust a Portfolio in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which the Fund has executed a foreign exchange contract or option has been executed pursuant heretooption, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency brokerbrokers/dealers for settlement of the TrustFund’s foreign exchange spot or forward transactions, foreign exchange currency swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time of the CLS Bank according to such banking facilities CLS Bank’s standard termsterms and conditions, and (d) shall hold in safekeeping all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeepingtransactions. The Trust Fund, on behalf of a Portfolio, accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said the foreign exchange contracts and options and understands that the Trust each applicable Portfolio shall be responsible for any and all costs and interest charges which may be incurred by the Trust Portfolio or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 1 contract
Samples: Funds Transfer Services Agreement (Northern Lights Fund Trust Ii)
Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust a Fund on the same basis, if any, that basis it performs duties as agent for the Trust Fund with respect to any other of the Trust’s investmentssuch Fund's Investments. Accordingly, Accordingly the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust a Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodianSubcustodian) in such agency transaction to perform its obligations thereunder. The Custodian Custodian, pursuant to Instructions, (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, and (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the Trust’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Each Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust such Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
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Third Party Foreign Exchange Transactions. The Custodian shall process foreign exchange transactions (including without limitation contracts, futures, options, and options on futures), where any third party acts as principal counterparty to the Trust Fund on the same basis, if any, that it performs duties as agent for the Trust Fund with respect to any other of the TrustFund’s investments. Accordingly, the Custodian shall only be responsible for delivering or receiving currency on behalf of the Trust Fund in respect of such contracts pursuant to Written Instructions. The Custodian shall not be responsible for the failure of any counterparty (including any Sub-custodian) in such agency transaction to perform its obligations thereunder. The Custodian (a) shall transmit cash and Written Instructions to and from the currency broker or banking institution with which a foreign exchange contract or option has been executed pursuant hereto, (b) may make free outgoing payments of cash in the form of Dollars or foreign currency without receiving confirmation of a foreign exchange contract or option or confirmation that the countervalue currency completing the foreign exchange contract has been delivered or received or that the option has been delivered or received, (c) may, in connection with cash payments made to third party currency broker/dealers for settlement of the TrustFund’s foreign exchange spot or forward transactions, foreign exchange swap transactions and similar foreign exchange transactions, process settlements using the banking facilities selected by Custodian from time to time according to such banking facilities standard terms, and (d) shall hold all confirmations, certificates and other documents and agreements received by the Custodian and evidencing or relating to such foreign exchange transactions in safekeeping. The Trust Fund accepts full responsibility for its use of third-party foreign exchange dealers and for execution of said foreign exchange contracts and options and understands that the Trust Fund shall be responsible for any and all costs and interest charges which may be incurred by the Trust Fund or the Custodian as a result of the failure or delay of third parties to deliver foreign exchange.
Appears in 1 contract