Common use of Liability of Foreign Sub-Custodians Clause in Contracts

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints 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 indemnify, and hold harmless, State Street 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 the Fund’s election, the Portfolios shall be entitled to be subrogated to the rights of State Street 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 the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 39 contracts

Sources: Custodian and Investment Accounting Agreement (Lord Abbett Credit Opportunities Fund), Custodian and Investment Accounting Agreement (Lord Abbett Us Gov & Gov Sponsored Enterpr Money Market Fund), Custodian and Investment Accounting Agreement (Lord Abbett Investment Trust)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints 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 indemnify, and hold harmless, State Street from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At the Fund’s 's election, the Portfolios shall be entitled to be subrogated to the rights of State Street 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 the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 21 contracts

Sources: Custodian Agreement (Dividend & Income Fund, Inc.), Custodian Agreement (Gold Prospector Funds), Custodian and Investment Accounting Agreement (Aetna Income Shares)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints 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 indemnify, and hold harmless, State Street 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 Custodians performance of such obligations. At the Fund’s Funds election, the Portfolios shall be entitled to be subrogated to the rights of State Street 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 the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 16 contracts

Sources: Master Custodian Agreement (Calvert SAGE Fund), Master Custodian Agreement (Calvert Impact Fund Inc), Master Custodian Agreement (Calvert SAGE Fund)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints 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 indemnify, and hold harmless, State Street from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At the Fund’s 's election, the Portfolios shall be entitled to be subrogated to the rights of State Street 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 the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 14 contracts

Sources: Custodian Agreement (Dividend Capital Realty Income Allocation Fund), Custodian Agreement (Security Equity Fund), Custodian Agreement (Security Equity Fund)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, shall require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, State Street 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 the a Fund’s election, the Portfolios shall be entitled to be subrogated to the rights of State Street 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 the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 9 contracts

Sources: Master Custodian Agreement (Calamos Antetokounmpo Sustainable Equities Trust), Master Custodian Agreement (Calamos Global Convertible & Dynamic Income Trust), Master Custodian Agreement (Calamos Global Dynamic Income Fund)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints 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 indemnify, and hold harmless, State Street 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 the Fund’s election, the Portfolios shall be entitled to be subrogated to the rights of State Street 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 the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 4 contracts

Sources: Custodian and Investment Accounting Agreement (Voya FUNDS TRUST), Custodian and Investment Accounting Agreement (Ing Funds Trust), Custodian and Investment Accounting Agreement (Wells Fargo Funds Trust)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, shall require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, and to indemnify, and hold harmless, State Street 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 's performance of such obligations. At the Fund’s Client's election, the Portfolios Client shall be entitled to be subrogated to the rights of State Street 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 the Portfolios Client have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 4 contracts

Sources: Custody Agreement (Lincoln National Capital Appreciation Fund Inc), Custody Agreement (Lincoln National Aggressive Growth Fund Inc), Custody Agreement (Lincoln National Variable Annuity Fund A)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints employs a Foreign Sub-Custodian shallwill, to the extent possible, require the Foreign Sub-Custodian to exercise reasonable care in the performance of its duties, duties and to indemnify, and hold harmless, State Street 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 obligationsduties. At the Fund’s electionelection of PIMCO, the Portfolios shall each Portfolio will be entitled to be subrogated to the rights of State Street with respect to any claims against a Foreign Sub-Custodian as a consequence of any such loss, damage, cost, expense, liability or claim if if, and to the extent that the Portfolios have that, such Portfolio has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 2 contracts

Sources: Custody and Investment Accounting Agreement (PIMCO Equity Series), Custody and Investment Accounting Agreement (PIMCO ETF Trust)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints 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 indemnify, and hold harmless, State Street Street, 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 's performance of such obligations. At the Fund’s 's election, the Portfolios Fund shall be entitled to be subrogated to the rights of State Street 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 the Portfolios have Fund has not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 2 contracts

Sources: Custodian and Investment Accounting Agreement (Pimco Floating Rate Income Fund), Custodian and Investment Accounting Agreement (Pimco High Income Fund)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints the Custodian employs a Foreign Sub-Custodian shall, to the extent possible, shall require the Foreign Sub-Custodian to exercise reasonable care in the performance of its dutiesduties and, and to indemnifythe extent possible, to indemnify and hold harmless, State Street 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 's performance of such obligations. At the Fund’s 's election, the Portfolios shall be entitled to be subrogated to the rights of State Street 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 the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Sources: Custodian Contract (Western Asset Funds Inc)

Liability of Foreign Sub-Custodians. Each agreement pursuant ----------------------------------- to which State Street appoints 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 indemnify, and hold harmless, State Street from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At the Fund’s 's election, the Portfolios shall be entitled to be subrogated to the rights of State Street 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 the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Sources: Custodian, Investment Accounting and Remote Access Agreement (Strong Common Stock Fund Inc)

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

Appears in 1 contract

Sources: Custody Agreement (Firsthand Funds)

Liability of Foreign Sub-Custodians. Each agreement pursuant to which State Street appoints 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 indemnify, and hold harmless, State Street 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 the Fund’s election, the Portfolios shall be entitled to be subrogated to the rights of State Street 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 the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Sources: Custody, Investment Accounting and Data Access Agreement (Homestead Funds Inc)

Liability of Foreign Sub-Custodians. Each agreement pursuant ----------------------------------- to which State Street appoints 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 indemnify, and hold harmless, State Street from and against any loss, damage, cost, expense, liability or claim arising out of or in connection with the Foreign Sub-Custodian’s 's performance of such obligations. At the Fund’s 's election, the Portfolios shall be entitled to be subrogated to the rights of State Street 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 the Portfolios have not been made whole for any such loss, damage, cost, expense, liability or claim.

Appears in 1 contract

Sources: Custodian Agreement (Levco Series Trust)