Common use of Mitigation by Custodian Clause in Contracts

Mitigation by Custodian. Upon the occurrence of any event that causes any loss, damage or expense to any Fund or Series, the Custodian (i) shall take and (ii) shall take all commercially reasonable efforts to cause any applicable Domestic Subcustodian or Foreign Subcustodian to take all commercially reasonable efforts to mitigate the effects of such event and to avoid continuing harm to a Fund or Series. If the Custodian must seek Proper Instructions from a Fund or Series in order either to take such commercially reasonable steps itself or to take all reasonable steps to cause any applicable Domestic Subcustodian or Foreign Subcustodian to take all commercially reasonable steps and timely requests such Proper Instructions, but the applicable Fund or Series does not provide such Proper Instructions, the Custodian (both as to itself and with respect to any applicable Subcustodian) shall have no further obligations under this Section 6.01(d).