INDEMNIFICATION BY ELIGIBLE FOREIGN CUSTODIANS. Each contract pursuant to which the Custodian employs an Eligible Foreign Custodian shall, to the extent possible, require the Eligible Foreign Custodian to indemnify and hold harmless the Custodian from and against any loss, cost or expense arising out of or in connection with the Eligible Foreign Custodian’s performance of its obligations. At a Fund’s election, a Portfolio shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against an Eligible Foreign Custodian as a consequence of any such loss, cost or expense if and to the extent that the Portfolio has not been made whole for the loss, cost or expense, the Custodian, to the extent practicable, shall provide reasonable assistance and information to the Fund with respect to prepareation and prosecution of such claims. In no event shall the Custodian be obligated to bring suit in its own name or to allow suit to be brought in its name.
Appears in 2 contracts
Sources: Master Custodian Agreement (Clough Funds Trust), Master Custodian Agreement (Clough Funds Trust)
INDEMNIFICATION BY ELIGIBLE FOREIGN CUSTODIANS. Each contract pursuant to which the Custodian employs an Eligible Foreign Custodian shall, to the extent possible, require the Eligible Foreign Custodian to exercise reasonable care in the performance of its duties and indemnify and hold harmless the Custodian from and against any loss, cost damage, cost, expense, liability or expense claim arising out of or in connection with the Eligible Foreign Custodian’s performance of its obligations. At a Fund’s election, a Portfolio shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against an Eligible Foreign Custodian as a consequence of any such loss, cost damage, cost, expense, liability or expense claim if and to the extent that the Portfolio has not been made whole for the loss, cost or damage, cost, expense, the Custodian, to the extent practicable, shall provide reasonable assistance and information to the Fund with respect to prepareation and prosecution of such claimsliability or claim. In no event shall the Custodian be obligated to bring suit in its own name or to allow suit to be brought in its name.
Appears in 1 contract
Sources: Master Custodian Agreement (VanEck Vectors ETF Trust)