Failure of Third Parties. The Custodian shall not be liable for any loss, claim, damage or other liability arising from the failure of any third party (other than a Subcustodian or Agent as expressly provided by this Agreement), including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, third party foreign custody manager or other agent of the Fund ; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.
Appears in 3 contracts
Sources: Custodian and Transfer Agent Agreement (Exchange Traded Concepts Trust), Custodian and Transfer Agent Agreement (Exchange Traded Concepts Trust), Custodian and Transfer Agent Agreement (Exchange Listed Funds Trust)