No Liability for Certain Losses. The Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by: 17.7.1 the Custodian acting upon any (i) Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so; 17.7.2 a delay in processing or any failure to process any Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable; 17.7.3 the failure of the Client or any person authorized by it to comply with the Client’s obligations under this Agreement; or 17.7.4 any other acts and omissions of the Client, any person authorized by it or any third party, including any Third Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.
Appears in 42 contracts
Sources: Custody Agreement (Strategic Trust), Custodian Agreement (New Mountain Private Credit Fund), Custody Agreement (PGIM Private Credit Fund)
No Liability for Certain Losses. The Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by:
17.7.1 the Custodian acting upon complying with any (i) Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so, so long as and to the extent that compliance itself is executed by the Custodian in accordance with the standard of care set forth in Section 17.1;
17.7.2 a delay in processing or any failure to process any Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that SectionSection and to the extent that such delay or failure is not caused by the Custodian’s failure to act in accordance with the standard of care set forth in Section 17.1, as applicable;
17.7.3 the failure of the Client or any person authorized by it to comply with the Client’s obligations under this Agreement; or
17.7.4 any other acts and omissions of the Client, any person authorized by it or any third party, including any Third Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.
Appears in 2 contracts
Sources: Custody Agreement (Calamos Aksia Hedged Strategies Fund), Custody Agreement (Calamos Aksia Private Equity & Alternatives Fund)
No Liability for Certain Losses. The Custodian will not be liable to the Client Trust for any Losses to the extent they arise from or are caused by:
17.7.1 the Custodian acting upon any (i) Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so;
17.7.2 a delay in processing or any failure to process any Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable;
17.7.3 the failure of the Client Trust or any person authorized by it to comply with the ClientTrust’s obligations under this Agreement; or
17.7.4 any other acts and omissions of the ClientTrust, any person authorized by it or any third party, including any Third Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.
Appears in 2 contracts
Sources: Custody Agreement (Litman Gregory Funds Trust), Custody Agreement (Litman Gregory Funds Trust)
No Liability for Certain Losses. The Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by:
17.7.1 17.6.1 the Custodian acting upon any (i) Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so;
17.7.2 17.6.2 a delay in processing or any failure to process any Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable;
17.7.3 17.6.3 the failure of the Client or any person authorized by it to comply with the Client’s obligations under this Agreement; or
17.7.4 or any other acts and omissions of the Client, any person authorized by it or any third party, including any Third Third-Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.
Appears in 2 contracts
Sources: Custody Agreement (TCW Metropolitan West Funds), Custody Agreement (TCW Private Asset Income Fund)
No Liability for Certain Losses. The Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by:
17.7.1 17.6.1 the Custodian acting upon any (i) Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so;
17.7.2 17.6.2 a delay in processing or any failure to process any Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable;
17.7.3 17.6.3 the failure of the Client or any person authorized by it to comply with the Client’s obligations under this Agreement; or
17.7.4 17.6.4 any other acts and omissions of the Client, any person authorized by it or any third party, including any Third Third-Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.
Appears in 2 contracts
Sources: Custody Agreement (TCW ETF Trust), Custody Agreement (TCW ETF Trust)
No Liability for Certain Losses. The Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by:
17.7.1 the Custodian acting upon any (i) Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, Information Classification: Limited Access notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so;
17.7.2 a delay in processing or any failure to process any Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable;
17.7.3 the failure of the Client or any person authorized by it to comply with the Client’s obligations under this Agreement; or
17.7.4 any other acts and omissions of the Client, any person authorized by it or any third party, including any Third Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.
Appears in 1 contract
Sources: Custody Agreement (Crestline Lending Solutions, LLC)
No Liability for Certain Losses. The Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by:
17.7.1 the Custodian acting upon any (i) Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so;
17.7.2 a delay in processing or any failure to process any Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable;; Information Classification: Limited Access
17.7.3 the failure of the Client or any person authorized by it to comply with the Client’s obligations under this Agreement; or
17.7.4 any other acts and omissions of the Client, any person authorized by it or any third party, including any Third Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.
Appears in 1 contract
No Liability for Certain Losses. The Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by:
17.7.1 the Custodian acting upon any (i) Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so;
17.7.2 a delay in processing or any failure to process any Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable;
17.7.3 the failure of the Client or any person authorized by it to comply with the Client’s obligations under this Agreement; , or
17.7.4 any other acts and omissions of the Client, any person authorized by it or any third partyparty authorized by the Client to act on behalf of the Client, including any Third Party Agent, Market Participant, Authorized Data Source, . CSD, or Financial Market Utility.
Appears in 1 contract
No Liability for Certain Losses. The Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by:
17.7.1 the Custodian acting upon any (i) Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instructionInstruction, information, notice, request, consent, certificate, instrument Instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so;
17.7.2 a delay in processing Processing or any failure to process any Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable;
17.7.3 the failure of the Client or any person authorized by it to comply with the Client’s obligations under this Agreement; or
17.7.4 any other acts and omissions of the Client, any person authorized by it or any third partyparty authorized by the Client to act on behalf of the Client, including any Third Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.
Appears in 1 contract
Sources: Custody Agreement (Partners Group Next Generation Infrastructure LLC)
No Liability for Certain Losses. The Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by:
17.7.1 the Custodian acting upon in accordance with any (i) Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized by Client to do so;
17.7.2 a delay in processing or any failure to process any Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable;
17.7.3 the failure of the Client or any person authorized by it to comply with the Client’s obligations under this Agreement; or
17.7.4 any other acts and omissions of the Client, any person authorized by it or any third party, including any Third Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.
Appears in 1 contract
No Liability for Certain Losses. The Subject to the standard of care provided in Section 17.1, the Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by:
17.7.1 the Custodian acting upon any (i) Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so;
17.7.2 a delay in processing or any failure to process any Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable;
17.7.3 the failure of the Client or any person authorized by it to comply with the Client’s obligations under this Agreement; or
17.7.4 any other acts and omissions of the Client, any person authorized by it or any third party, including any Third Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.
Appears in 1 contract
No Liability for Certain Losses. The Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by:
17.7.1 the Custodian acting upon any (i) Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so;; Information Classification: Limited Access 9
17.7.2 a delay in processing or any failure to process any Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable;
17.7.3 the failure of the Client or any person authorized by it to comply with the Client’s obligations under this Agreement; or
17.7.4 any other acts and omissions of the Client, any person authorized by it or any third party, including any Third Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.
Appears in 1 contract
No Liability for Certain Losses. The Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by:
17.7.1 the Custodian acting upon any (i) Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so;
17.7.2 a delay in processing or any failure to process any Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable;
17.7.3 the failure of the Client or any person authorized by it to comply with the Client’s 's obligations under this Agreement; or
17.7.4 any other acts and omissions of the Client, any person authorized by it or any third party, including any Third Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.
Appears in 1 contract
No Liability for Certain Losses. The Except to the extent any Losses result in whole or in part from the Custodian’s negligence, wilful default or fraud, the Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by:
17.7.1 12.7.1 the Custodian acting upon any (i) Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so;
17.7.2 12.7.2 a delay in processing or any failure to process any Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable;
17.7.3 12.7.3 the failure of the Client or any person authorized by it to comply with the Client’s obligations under this Agreement; or
17.7.4 12.7.4 any other acts and omissions of the Client, any person authorized by it or any third party, including any Third Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.
Appears in 1 contract
Sources: Custody Agreement (Diamond Hill Securitized Credit Fund)
No Liability for Certain Losses. The Subject to the Standard of Care provided in Section 17.1. the Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by:
17.7.1 the Custodian acting upon any (i) Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so;
17.7.2 a delay in processing or any failure to process any Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable;
17.7.3 the failure of the Client or any person authorized by it to comply with the Client’s obligations under this Agreement; or
17.7.4 any other acts and omissions of the Client, any person authorized by it or any third party, including any Third Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.
Appears in 1 contract
No Liability for Certain Losses. The Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by:
17.7.1 the Custodian acting upon any (i) Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so;; Information Classification: Limited Access
17.7.2 a delay in processing or any failure to process any Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable;
17.7.3 the failure of the Client or any person authorized by it to comply with the Client’s obligations under this Agreement; or
17.7.4 any other acts and omissions of the Client, any person authorized by it or any third party, including any Third Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.
Appears in 1 contract
No Liability for Certain Losses. The Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by:
17.7.1 18.7.1 the Custodian acting upon any (i) Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so;
17.7.2 18.7.2 a delay in processing or any failure to process any Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable;
17.7.3 18.7.3 the failure of the Client or any person authorized by it to comply with the Client’s obligations under this Agreement; or
17.7.4 18.7.4 any other acts and omissions of the Client, any person authorized by it or any third party, including any Third Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.
Appears in 1 contract
No Liability for Certain Losses. The Custodian will not be liable to the Client for any Losses to the extent they arise from or are caused by:
17.7.1 the Custodian acting upon any (i) Proper Instruction or (ii) if a Proper Instruction is not required in a particular circumstance, any other instruction, information, notice, request, consent, certificate, instrument or other writing that the Custodian reasonably believes to be genuine and to be signed or otherwise given by or on behalf of a person authorized to do so;; 9Information Classification: Limited Access
17.7.2 a delay in processing or any failure to process any Proper Instruction to the extent permitted under Section 22, subject to the satisfaction of the conditions set out in that Section, as applicable;
17.7.3 the failure of the Client or any person authorized by it to comply with the Client’s obligations under this Agreement; or
17.7.4 any other acts and omissions of the Client, any person authorized by it or any third party, including any Third Party Agent, Market Participant, Authorized Data Source, CSD, or Financial Market Utility.
Appears in 1 contract
Sources: Custody Agreement (Lord Abbett Private Credit Fund S)