Common use of Use of Agents Clause in Contracts

Use of Agents. (a) Bank may provide certain services under this Agreement through third parties. These third parties may be Affiliates. Except to the extent provided in Section 5.2 with respect to Subcustodians, Bank shall not be responsible for any loss as a result of a failure by any broker or any other third party that it selects and retains using reasonable care and without negligence to provide ancillary services, such as pricing, proxy voting, and corporate action services, that it does not customarily provide itself. Nevertheless, Bank shall be liable for the performance of any such service provider selected by Bank that is an Affiliate to the same extent as Bank would have been liable if it performed such services itself.

Appears in 100 contracts

Samples: Global Custody Agreement (Vanguard Specialized Funds), Global Custody Agreement (Vanguard Fixed Income Securities Funds), Global Custody Agreement (Vanguard Bond Index Funds)

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Use of Agents. (a) Bank may provide certain services under this Agreement through third parties. These third parties may be Affiliates. Except to the extent provided in Section 5.2 with respect to Subcustodians, Bank shall not be responsible for any loss as a result of a failure by any broker or any other third party that it selects and retains using reasonable care and without negligence to provide ancillary services, such as pricing, proxy voting, and corporate action services, that it does not customarily provide itself. Nevertheless, Bank shall be liable for the performance of any such service provider selected by Bank that is an Affiliate to the same extent as Bank would have been liable if it performed such services itself.

Appears in 54 contracts

Samples: Global Custody Agreement, Country Sub (Vanguard Wellington Fund), Country Sub (Vanguard Wellesley Income Fund)

Use of Agents. (a) Bank may provide certain services under this Agreement through third parties. These third parties which may be Affiliates. Except to the extent provided in Section 5.2 with respect to Subcustodians, Bank shall will not be responsible for any loss as a result of a failure by any broker or any other third party that it selects and retains using reasonable care and without negligence to provide ancillary servicesservices that it may not customarily provide itself, including, without limitation, delivery services and providers of information regarding matters such as pricing, proxy voting, Corporate Actions and corporate class action services, that it does not customarily provide itselflitigation. Nevertheless, Bank shall will be liable for the performance of any such service provider broker selected by Bank that is an Affiliate to the same extent as Bank would have been liable if it performed such services itself.

Appears in 11 contracts

Samples: Domestic Custody Agreement (TIAA Separate Account VA-3), Domestic Custody Agreement (Tiaa-Cref Life Separate Account Vli-1), Domestic Custody Agreement (Tiaa Cref Life Separate Account Va-1)

Use of Agents. (a) Bank may provide certain services under this Agreement through third parties. These third parties , which may be Affiliates. Except to the extent provided in Section 5.2 with respect to Subcustodians, Bank shall will not be responsible for any loss as a result of a failure by any broker or any other third party that it selects and retains using reasonable care and without negligence to provide ancillary servicesservices that it may not customarily provide itself, including, without limitation, delivery services and providers of information regarding matters such as pricing, proxy voting, and corporate action services, that it does not customarily provide itselfvoting or Corporate Actions. Nevertheless, Bank shall will be liable for the performance of any such service provider selected by Bank that is an Affiliate to the same extent as Bank would have been liable if it performed such services itself.

Appears in 7 contracts

Samples: Custody Agreement, Custody Agreement, Global Custody Agreement (Oppenheimer Principal Protected Trust Ii)

Use of Agents. (a) Bank may provide certain services under this Agreement through third parties. These third parties which may be Affiliates. Except to the extent provided in Section 5.2 with respect to Subcustodians, Bank shall will not be responsible for any loss as a result of a failure by any broker or any other third party that it selects and retains using reasonable care and without negligence to provide ancillary servicesservices including, without limitation, delivery services and providers of information regarding matters such as pricing, proxy voting, Corporate Actions and corporate class action services, litigation that it does not customarily provide itself. Nevertheless, Bank shall will be liable for the performance of any such service provider selected by Bank that is an Affiliate to the same extent as Bank would have been liable if it performed such services itself.

Appears in 3 contracts

Samples: Domestic Custody Agreement (Equitrust Variable Insurance Series Fund), Domestic Custody Agreement (Equitrust Series Fund Inc), Domestic Custody Agreement (Equitrust Money Market Fund Inc)

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Use of Agents. (a) Bank may provide certain services under this Agreement through third parties. These third parties may be Affiliates. Except to the extent provided in Section 5.2 with respect to Subcustodians, Bank shall will not be responsible for any loss as a result of a failure by any broker or any other third party that it selects and retains using reasonable care and without negligence to provide ancillary services, such as pricing, proxy voting, and corporate action services, that it does not customarily provide itself. Nevertheless, Bank shall will be liable for the performance of any such service provider selected by Bank that is an Affiliate to the same extent as Bank would have been liable if it performed such services itself.

Appears in 3 contracts

Samples: Global Custody Agreement (Cohen & Steers Institutional Realty Shares Inc), Global Custody Agreement (Friends Ivory Funds), Global Custody Agreement (Friends Ivory & Sime Funds)

Use of Agents. (a) Bank may provide certain ancillary services under this Agreement through third parties. These third parties , which may be Affiliates. Except to the extent provided in Section 5.2 with respect to Subcustodians, Bank shall will not be responsible for any loss as a result of a failure by any broker or any other third party that it selects and retains using reasonable care and without negligence to provide ancillary servicesservices that it may not customarily provide itself, including, without limitation, delivery services and providers of information regarding matters such as pricing, proxy voting, and corporate Corporate Actions and class action services, that it does not customarily provide itselflitigation. Nevertheless, Bank shall will be liable for the performance of any such service provider broker or other third party selected by Bank that is an Affiliate to the same extent as Bank would have been liable if it performed such services itself.

Appears in 2 contracts

Samples: Domestic Custody Agreement (Proshares Trust), Domestic Custody Agreement (Proshares Trust)

Use of Agents. (a) Bank may provide certain services under this Agreement through third parties. These third parties , which may be Affiliates. Except to the extent provided in Section 5.2 with respect to Subcustodians, Bank shall will not be responsible for any loss as a result of a failure by any broker or any other third party that it selects and retains using reasonable care and without negligence to provide ancillary servicesservices that it may not customarily provide itself, including, without limitation, delivery services and providers of information regarding matters such as pricing, proxy voting, and corporate action services, that it does not customarily provide itselfvoting or Corporate Actions. Nevertheless, Bank shall will be liable for the performance of any such service provider selected by Bank that is an ================= Affiliate to the same extent as Bank would have been liable if it performed such services itself.

Appears in 1 contract

Samples: Global Custody Agreement (Oppenheimer International Bond Fund)

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