Types of Cash Accounts. Cash accounts opened on the books of the Custodian (Principal Accounts) shall be opened in the name of the Fund. Such accounts collectively shall be a deposit obligation of the Custodian and shall be subject to the terms of this Section 7 and the general liability provisions contained in Section 9. Cash accounts opened on the books of a Subcustodian may be opened in the name of the Fund or the Custodian or in the name of the Custodian for its customers generally (Agency Accounts). Such deposits shall be obligations of the Subcustodian and shall be treated as an Investment of the Fund. Accordingly, the Custodian shall be responsible for exercising reasonable care in the administration of such accounts but shall not be liable for their repayment in the event such Subcustodian, by reason of its bankruptcy, insolvency or sovereign risk/force majeure, fails to make repayment unless (a) such Subcustodian 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 Subcustodian failing to make the repayment or (c) a transaction or other matter between the Custodian and Subcustodian unrelated to the Funds was the cause of the Subcustodian failing to make repayment. Under (a), (b) or (c) the Custodian shall be liable for the repayment.
Appears in 16 contracts
Samples: Custodian Agreement (Vanguard Explorer Fund), Custodian Agreement (Vanguard Whitehall Funds), Custodian Agreement (Vanguard Fenway Funds)
Types of Cash Accounts. Cash accounts opened on the books of the Custodian (Principal Accounts) shall be opened in the name of the Fund. Such accounts collectively shall be a deposit obligation of the Custodian and shall be subject to the terms of this Section 7 and the general liability provisions contained in Section 9. Cash accounts opened on the books of a Subcustodian may be opened in the name of the Fund or the Custodian or in the name of the Custodian for its customers generally (Agency Accounts). Such deposits shall be obligations of the Subcustodian and shall be treated as an Investment of the Fund. Accordingly, the Custodian shall be responsible for exercising reasonable care in the administration of such accounts but shall not be liable for their repayment in the event such Subcustodian, by reason of its bankruptcy, insolvency or sovereign risk/force majeure, fails to make repayment unless (a) such Subcustodian is a parent, subsidiary or otherwise affiliated with the Custodian or (b) the Custodian's ’s negligence, bad faith or willful misconduct was the direct cause of the Subcustodian failing to make the repayment or (c) a transaction or other matter between the Custodian and Subcustodian unrelated to the Funds was the cause of the Subcustodian failing to make repayment. Under (a), (b) or (c) the Custodian shall be liable for the repayment.
Appears in 15 contracts
Samples: Custodian Agreement (Vanguard Specialized Funds), Custodian Agreement (Vanguard World Fund), Custodian Agreement (Vanguard International Equity Index Funds)
Types of Cash Accounts. Cash accounts opened on the books of the Custodian (Principal Accounts) shall be opened in the name of the Fund. Such accounts collectively shall be a deposit obligation of the Custodian and shall be subject to the terms of this Section 7 and the general liability provisions contained in Section 9. Cash accounts opened on the books of a Subcustodian may be opened in the name of the Fund or the Custodian or in the name of the Custodian for its customers generally (Agency Accounts). Such deposits shall be obligations of the Subcustodian and shall be treated as an Investment of the Fund. Accordingly, the Custodian shall be responsible for exercising reasonable care in the administration of such accounts but shall not be liable for their repayment in the event such Subcustodian, by reason of its bankruptcy, insolvency or sovereign risk/force majeure, fails to make repayment unless (a) such Subcustodian 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 Subcustodian failing to make the repayment or (c) a transaction or other matter between the Custodian and Subcustodian unrelated to the Funds was the cause of the Subcustodian failing to make repayment. Under (a), (b) or (c) the Custodian shall be liable for the repayment.. <PAGE>
Appears in 13 contracts
Samples: Custodian Agreement (Vanguard Tax-Managed Funds), Custodian Agreement (Vanguard International Equity Index Funds), Custodian Agreement (Vanguard Trustees' Equity Fund)
Types of Cash Accounts. Cash accounts opened on the books of the Custodian (Principal AccountsPRINCIPAL ACCOUNTS) shall be opened in the name of the Fund. Such accounts collectively shall be a deposit obligation of the Custodian and shall be subject to the terms of this Section 7 and the general liability provisions contained in Section 9. Cash accounts opened on the books of a Subcustodian may be opened in the name of the Fund or the Custodian or in the name of the Custodian for its customers generally (Agency AccountsAGENCY ACCOUNTS). Such deposits shall be obligations of the Subcustodian and shall be treated as an Investment of the Fund. Accordingly, the Custodian shall be responsible for exercising reasonable care in the administration of such accounts but shall not be liable for their repayment in the event such Subcustodian, by reason of its bankruptcy, insolvency or sovereign risk/force majeure, fails to make repayment unless (a) such Subcustodian 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 Subcustodian failing to make the repayment or (c) a transaction or other matter between the Custodian and Subcustodian unrelated to the Funds was the cause of the Subcustodian failing to make repayment. Under (a), (b) or (c) the Custodian shall be liable for the repayment.
Appears in 4 contracts
Samples: Custodian Agreement (Vanguard Variable Insurance Fund), Custodian Agreement (Vanguard International Equity Index Fund Inc), Custodian Agreement (Vanguard Trustees Equity Fund)
Types of Cash Accounts. Cash accounts opened on the books of the Custodian (Principal AccountsPRINCIPAL ACCOUNTS) shall be opened in the name of the Fund. Such accounts collectively shall be a deposit obligation of the Custodian and shall be subject to the terms of this Section 7 and the general liability provisions contained in Section 9. Cash accounts opened on the books of a Subcustodian may be opened in the name of the Fund or the Custodian or in the name of the Custodian for its customers generally (Agency AccountsAGENCY ACCOUNTS). Such deposits shall be obligations of the Subcustodian and shall be treated as an Investment of the Fund. AccordinglyThe appointment or use of such accounts shall not relieve the Custodian of its obligations under this Agreement, and specifically the Custodian shall be responsible for exercising using reasonable care in the administration of such accounts but accounts, including without limitation in the selection and monitoring of such Subcustodians. Provided that the Custodian has complied with these obligations, the Custodian shall not be liable for their the repayment of balances in Agency Accounts in the event such Subcustodian, Subcustodian fails to make repayment by reason of its bankruptcy, insolvency or sovereign risk/force majeure, fails to make repayment unless (a) such Subcustodian 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 Subcustodian failing to make the repayment or (c) a transaction or other matter between the Custodian and Subcustodian unrelated to the Funds was the cause of the Subcustodian failing to make repayment. Under (a), (b) or (c) the Custodian shall be liable for the repaymentsimilar cause.
Appears in 2 contracts
Samples: Custodian Agreement (Schwab Annuity Portfolios), Custodian Agreement (Schwab Capital Trust)
Types of Cash Accounts. Cash accounts opened on the books of the Custodian (Principal Accounts) shall be opened in the name of the Trust (or a Fund) or Company. Such accounts collectively shall be a deposit obligation of the Custodian and shall be subject to the terms of this Section 7 and the general liability provisions contained in Section 910. Cash accounts opened on the books of a Subcustodian may be opened in the name of the Fund Trust (or a Fund) or a Company, in the name of the Custodian or in the name of the Custodian for its customers generally generally, but reflected on the books of the Custodian as being held for the Trust (or a Fund) or a Company (Agency Accounts). Such deposits shall be obligations of the Subcustodian and shall be treated as an Investment of the Trust (or a Fund) or a Company. Accordingly, the Custodian shall be responsible for exercising reasonable care in the administration of such accounts but shall not be liable for their repayment in the event such Subcustodian, by reason of its bankruptcy, insolvency or sovereign risk/force majeureotherwise, fails to make repayment unless (a) such Subcustodian is a parentrepayment. Nothing in this section, subsidiary with respect to the Funds, shall relieve the Custodian from responsibility for selection and monitoring of Foreign or otherwise affiliated Domestic Subcustodians with due care as required by the terms of this Agreement. In connection with the services provided hereunder, the Custodian is hereby directed to open cash accounts on its books and records from time to time for the purposes of receiving subscriptions and/or processing redemptions on behalf of a Fund or Company and/or for the purposes of aggregating, netting and/or clearing transactions (bincluding, without limitation foreign exchange, repurchase agreements, capital stock activity, expense payment) the Custodian's negligenceor other administrative purposes, bad faith or willful misconduct was the direct cause each on behalf of the Subcustodian failing to make the repayment Fund or Company (c) a transaction or other matter between the Custodian and Subcustodian unrelated each an Account). Each such Account shall be subject to the Funds was terms and conditions of this Agreement and the cause of the Subcustodian failing to make repayment. Under (a), (b) Fund or (c) the Custodian Company shall be liable for the repaymentsatisfaction of its obligations in connection with each Account.
Appears in 2 contracts
Samples: Custodian Agreement (Sei Institutional Investments Trust), Custodian Agreement (Sei Institutional Managed Trust)
Types of Cash Accounts. Cash accounts opened on the books of the Custodian (Principal Accounts) shall be opened in the name of the Fund. Such accounts collectively shall be a deposit obligation of the Custodian and shall be subject to the terms of this Section 7 and the general liability provisions contained in Section 9. Cash accounts opened on the books of a Subcustodian may be opened in the name of the Fund or the Custodian or in the name of the Custodian for its customers generally (Agency Accounts). Such deposits shall be obligations of the Subcustodian and shall be treated as an Investment of the Fund. Accordingly, the Custodian shall be responsible for exercising reasonable care in the administration of such accounts but shall not be liable for their repayment in the event such Subcustodian, by reason of its bankruptcy, insolvency or sovereign risk/force majeure, fails to make repayment unless (a) such Subcustodian 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 Subcustodian failing to make the repayment or (c) a transaction or other matter between the Custodian and Subcustodian unrelated to the Funds was the cause of the Subcustodian failing to make repayment. Under (a), (b) or (c) the Custodian shall be liable for the repayment.. 13 <PAGE>
Appears in 1 contract
Samples: Custodian Agreement
Types of Cash Accounts. Cash accounts opened on the books of the Custodian (Principal Accounts) shall be opened in the name of the Fund. Such accounts collectively shall be a deposit obligation of the Custodian and shall be subject to the terms of this Section 7 and the general liability provisions contained in Section 9. Cash accounts opened on the books of a Subcustodian may be opened in the name of the Fund or the Custodian or in the name of the Custodian for its customers generally (Agency Accounts). Such deposits shall be obligations of the Subcustodian and shall be treated as an Investment of the Fund. Accordingly, the Custodian shall be responsible for exercising reasonable care in the administration of such accounts accounts, but shall not be liable for their repayment in the event such the Subcustodian, by reason of its bankruptcy, insolvency or sovereign risk/force majeureotherwise, fails to make repayment unless repayment. Notwithstanding the foregoing, with respect to any direct losses, damages, claims, costs, expenses or other liabilities incurred by the Fund as a result of any acts or the failure to act by any Subcustodian, the Custodian shall take commercially reasonable action (aat the expense of the Fund) to pursue claims for such Subcustodian is a parentlosses, subsidiary damages, claims, costs, expenses or otherwise affiliated other liabilities, as applicable, with such Subcustodian. In connection with the services provided hereunder, the Custodian or (b) is hereby directed to open cash accounts on its books and records from time to time for the Custodian's negligence, bad faith or willful misconduct was the direct cause purposes of receiving subscriptions and/or processing redemptions on behalf of the Subcustodian failing to make Fund, and/or for the repayment or purposes of aggregating, netting and/or clearing transactions (cincluding, without limitation foreign exchange, repurchase agreements, capital stock activity, expense payment) a transaction or other matter between administrative purposes on behalf of the Custodian Fund or the Fund and Subcustodian unrelated affiliated funds (each an "Account"). Each such Account shall be subject to the Funds was terms and conditions of this Agreement (including, without limitation Section 7.6) and the cause of the Subcustodian failing to make repayment. Under (a), (b) or (c) the Custodian Fund shall be liable for the repaymentsatisfaction of its own obligations in connection with each Account; provided however, the Fund shall not be liable for the obligations of any other affiliated fund thereunder.
Appears in 1 contract
Types of Cash Accounts. Cash accounts opened on the books of the Custodian (Principal AccountsPRINCIPAL ACCOUNTS) shall be opened in the name of the Trust (or a Fund). Such accounts collectively shall be a deposit obligation of the Custodian and shall be subject to the terms of this Section 7 and the general liability provisions contained in Section 910. Cash accounts opened on the books of a Subcustodian may be opened in the name of the Fund Trust (or a Fund), in the name of the Custodian or in the name of the Custodian for its customers generally generally, but reflected on the books of the Custodian as being held for the Trust (Agency Accountsor a Fund) (AGENCY ACCOUNTS). Such deposits shall be obligations of the Subcustodian and shall be treated as an Investment of the Trust (or a Fund). Accordingly, the Custodian shall be responsible for exercising reasonable care in the administration of such accounts but shall not be liable for their repayment in the event such Subcustodian, by reason of its bankruptcy, insolvency or sovereign risk/force majeureotherwise, fails to make repayment unless (a) such Subcustodian is a parent, subsidiary or otherwise affiliated with repayment. Nothing in this section shall relieve the Custodian from responsibility for selection and monitoring of Foreign or (b) Domestic Subcustodians with due care as required by the Custodian's negligence, bad faith or willful misconduct was the direct cause terms of the Subcustodian failing to make the repayment or (c) a transaction or other matter between the Custodian and Subcustodian unrelated to the Funds was the cause of the Subcustodian failing to make repayment. Under (a), (b) or (c) the Custodian shall be liable for the repaymentthis Agreement.
Appears in 1 contract
Samples: Custodian Agreement (Sei Institutional Investments Trust)
Types of Cash Accounts. Cash accounts opened on the books of the Custodian (Principal Accounts) shall be opened in the name of the Trust (or a Fund). Such accounts collectively shall be a deposit obligation of the Custodian and shall be subject to the terms of this Section 7 and the general liability provisions contained in Section 9. Cash accounts opened on the books of a Subcustodian may be opened in the name of the Fund Trust (or a Fund) or in the name of the Custodian for the Trust (or Fund) or in the name of the Custodian for its customers generally generally, but, while (for avoidance of doubt) not a deposit obligation of the Custodian, shall be appropriately reflected on the books of the Custodian as being so held for the Trust (or a Fund) (Agency Accounts). Such deposits shall be obligations of the Subcustodian and shall be treated as an Investment of the respective Fund. Accordingly, the Custodian shall be responsible for exercising reasonable care in the administration of such accounts accounts, but shall not be liable for their repayment in the event such the Subcustodian, by reason of its bankruptcy, insolvency or sovereign risk/force majeureotherwise, fails to make repayment unless (a) such Subcustodian is a parentrepayment. For the avoidance of doubt, subsidiary or otherwise affiliated nothing in this section shall relieve the Custodian from responsibility for selection and monitoring of Subcustodians with due care as required by the terms of this Agreement. In connection with the services provided hereunder, the Custodian or (b) is hereby directed to open cash accounts on its books and records from time to time for the Custodian's negligence, bad faith or willful misconduct was the direct cause purposes of receiving subscriptions and/or processing redemptions on behalf of the Subcustodian failing to make Trust, and/or for the repayment or purposes of aggregating, netting and/or clearing transactions (cincluding, without limitation foreign exchange, repurchase agreements, capital stock activity, expense payment) a transaction or other matter between administrative purposes on behalf of the Custodian Trust or the Trust and Subcustodian unrelated affiliated Trusts (each an "Account"). Each such Account shall be subject to the Funds was terms and conditions of this Agreement (including, without limitation Section 7.6) and the cause of the Subcustodian failing to make repayment. Under (a), (b) or (c) the Custodian Trust shall be liable for the repaymentsatisfaction of its own obligations in connection with each Account; provided however, the Trust shall not be liable for the obligations of any other affiliated Trust thereunder.
Appears in 1 contract
Samples: Custodian Agreement (CSOP ETF Trust)