Common use of Liability of Foreign Sub-Custodians and Foreign Securities Systems Clause in Contracts

Liability of Foreign Sub-Custodians and Foreign Securities Systems. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties and, to the extent possible, to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's performance of such obligations. At each Fund's election, a Fund shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that a Fund and any applicable series have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 39 contracts

Sources: Custodian Contract/Agreement (Prudential Core Investment Fund), Custodian Contract/Agreement (Prudential Small Co Value Fund Inc), Custodian Contract/Agreement (Prudential Municipal Bond Fund)

Liability of Foreign Sub-Custodians and Foreign Securities Systems. Each agreement pursuant to which the Custodian employs as a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties and, to the extent possible, to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's performance of such obligations. At each the Fund's election, a Fund the Portfolios shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that a Fund and any applicable series the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 34 contracts

Sources: Custodian Agreement (Security Equity Fund), Custodian Agreement (Security Equity Fund), Custodian Agreement (White Elk Funds)

Liability of Foreign Sub-Custodians and Foreign Securities Systems. Each agreement pursuant to which the Custodian employs as a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties and, to the extent possible, to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's performance of such obligations. At each the Fund's election, a Fund the Funds shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that a Fund and any applicable series the Funds have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 29 contracts

Sources: Custodian Agreement (Price T Rowe State Tax Free Income Trust), Custodian Agreement (Price T Rowe International Funds Inc), Custodian Agreement (T Rowe Price Summit Municipal Funds Inc)

Liability of Foreign Sub-Custodians and Foreign Securities Systems. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties and, to the extent possible, to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's performance of such obligations. At each the Fund's election, a Fund the Portfolios shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that a Fund and any applicable series the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 21 contracts

Sources: Custodian Agreement (Hartford Stock HLS Fund Inc), Custodian Contract (Munder Funds Trust), Custodian Agreement (Hartford Money Market HLS Fund Inc)

Liability of Foreign Sub-Custodians and Foreign Securities Systems. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possiblepossible consistent with prevailing market practice, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties and, to the extent possible, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the such Foreign Sub-Custodian's performance of such obligations. At the election of each Fund's election, a such Fund shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that a the applicable Fund and any applicable series have Portfolio has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 13 contracts

Sources: Custodian Contract (Aim Series Trust), Custodian Contract (Aim Floating Rate Fund), Custodian Contract (Aim Investment Securities Funds)

Liability of Foreign Sub-Custodians and Foreign Securities Systems. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possiblepossible consistent with prevailing market practice, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties and, to the extent possible, and to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the such Foreign Sub-Custodian's performance of such obligations. At each the election of the Fund's election, a the Fund shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that a the Fund and any applicable series have Portfolio has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 10 contracts

Sources: Custodian Contract (Aim International Funds Inc), Custodian Contract (Aim Funds Group/De), Custodian Contract (Aim Growth Series)

Liability of Foreign Sub-Custodians and Foreign Securities Systems. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties and, to the extent possible, to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the such Foreign Sub-Custodian's performance of such obligations. At each the election of the Fund's election, a the Fund shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that a the Fund and any applicable series have has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 9 contracts

Sources: Custodian Agreement (Davis Variable Account Fund Inc), Custodian Contract (Fpa Perennial Fund Inc), Custodian Contract (Fpa Capital Fund Inc)

Liability of Foreign Sub-Custodians and Foreign Securities Systems. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties and, to the extent possible, to indemnify, and hold harmless, the Custodian and the Fund from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's performance of such obligations. At each the Fund's election, a the Fund shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that a Fund and any applicable series the Series have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 6 contracts

Sources: Custodian Contract (CGM Capital Development Fund), Custodian Contract (CGM Trust), Custodian Contract (CGM Trust)

Liability of Foreign Sub-Custodians and Foreign Securities Systems. Each agreement pursuant to which the Custodian employs as a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties and, to the extent possible, to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's performance of such obligations. At each the Fund's election, a Fund it shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that a the Fund and any applicable series have has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 4 contracts

Sources: Custodian Agreement (Mevc Draper Fisher Jurveston Fund I Inc), Custodian Agreement (Warburg Pincus Intern Small Co Fd Inc), Custodian Agreement (Cypresstree Senior Rate Fund)

Liability of Foreign Sub-Custodians and Foreign Securities Systems. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties and, to the extent possible, to indemnify, and hold harmless, the Custodian and the Fund from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's performance of such obligations. At each the Fund's election, a the Fund and the Series shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Sub- Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that a Fund and any applicable series the Series have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Sources: Custodian Agreement (New England Zenith Fund)

Liability of Foreign Sub-Custodians and Foreign Securities Systems. Each agreement pursuant to which the Custodian employs as a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties and, to the extent possible, to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's performance of such obligations. At each the Fund's election, a Fund the Portfolio(s) shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that a Fund and any applicable series the Portfolio(s) have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Sources: Custodian Agreement (Bb&t Funds /)

Liability of Foreign Sub-Custodians and Foreign Securities Systems. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties and, to the extent possible, to indemnify, and hold harmless, the Custodian from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's performance of such obligations. At each Fundthe Trust's election, a Fund the Trust and the Funds shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that a Fund and any applicable series the Funds have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Sources: Custodian Contract (Harris Associates Investment Trust)

Liability of Foreign Sub-Custodians and Foreign Securities Systems. Each agreement pursuant to which the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties and, to the extent possible, to indemnify, and hold harmless, the Custodian and the Fund from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian's performance of such obligations. At each the Fund's election, a the Fund and the Series shall be entitled to be subrogated to the rights of the Custodian with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if and to the extent that a Fund and any applicable series the Series have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Sources: Custodian Agreement (New England Zenith Fund)