Rejection of Payment Orders. The Custodian shall give the Fund timely notice of the Custodian’s rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund notice of the Custodian’s non-execution, the Custodian shall be liable only for the Fund’s actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund pursuant to this Funds Transfer Services Schedule, such compensation will be payable as specified in UCC 4A.
Appears in 36 contracts
Sources: Custodian Agreement (Alger ETF Trust), Custodian Agreement (PowerShares India Exchange-Traded Fund Trust), Custodian Agreement (Alger Institutional Funds)
Rejection of Payment Orders. The Custodian shall give the Fund Company timely notice of the Custodian’s 's rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund Company notice of the Custodian’s 's non-execution, the Custodian shall be liable only for the Fund’s Company's actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund Company pursuant to this Funds Transfer Services Schedule, such compensation will be payable as at the rate specified in UCC 4A.
Appears in 32 contracts
Sources: Custodian Agreement (Pioneer CoreTrust I), Custodian Agreement (Pioneer Securitized Income Fund), Custodian Agreement (Pioneer ILS Bridge Fund)
Rejection of Payment Orders. The Custodian shall give the Fund and the General Partner timely notice of the Custodian’s rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund and/or the General Partner notice of the Custodian’s non-execution, the Custodian shall be liable only for the Fund’s actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund pursuant to this Funds Transfer Services Schedule, such compensation will be payable as specified in accordance with UCC 4A.
Appears in 14 contracts
Sources: Custodian Agreement (United States 12 Month Natural Gas Fund, LP), Custodian Agreement (United States Natural Gas Fund, LP), Custodian Agreement (United States Natural Gas Fund, LP)
Rejection of Payment Orders. The Custodian shall give the Fund timely notice of the Custodian’s rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund notice of the Custodian’s non-execution, the Custodian shall be liable only for the Fund’s actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund pursuant to this Funds Transfer Services Schedule, such compensation will be payable as specified in accordance with UCC 4A.
Appears in 7 contracts
Sources: Custodian Agreement, Custodian Agreement, Custodian Services Agreement (Consulting Group Capital Markets Funds)
Rejection of Payment Orders. The Custodian shall give the Fund timely notice of the Custodian’s 's rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund notice of the Custodian’s 's non-execution, the Custodian shall be liable only for the Fund’s 's actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund pursuant to this Funds Transfer Services Schedule, such compensation will be payable as specified in accordance with UCC 4A.
Appears in 6 contracts
Sources: Custodian Agreement (Touchstone Institutional Funds Trust), Custodian Agreement (Touchstone Funds Group Trust), Custodian Agreement (Touchstone Investment Trust)
Rejection of Payment Orders. The Custodian shall give the Fund timely notice of the Custodian’s 's rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund timely notice of the Custodian’s 's non-execution, the Custodian shall be liable only for the Fund’s 's actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Agreement and Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund pursuant to this Agreement and Funds Transfer Services Schedule, such compensation will be payable as at the rate specified in UCC 4A.
Appears in 6 contracts
Sources: Custody Agreement (Pilgrim Mutual Funds), Custodian Agreement (Aetna Series Fund Inc), Custodian Agreement (Ing Variable Insurance Trust)
Rejection of Payment Orders. The Custodian shall give the Fund Company timely notice of the Custodian’s 's rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund Company notice of the Custodian’s 's non-execution, the Custodian shall be liable only for the Fund’s Company's actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund Company pursuant to this Funds Transfer Services Schedule, such compensation will be payable as specified in UCC 4A.
Appears in 6 contracts
Sources: Custodian Agreement (Janus Adviser), Custodian Agreement (Levco Series Trust), Custodian Agreement (Icon Funds)
Rejection of Payment Orders. The Custodian shall give the Fund timely notice of the Custodian’s 's rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund notice of the Custodian’s 's non-execution, the Custodian shall be liable only for the Fund’s 's actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund pursuant to this Funds Transfer Services Schedule, such compensation will be payable as specified in UCC 4A.
Appears in 3 contracts
Sources: Custodian Agreement (Alliancebernstein International Growth Fund Inc), Custodian Agreement (Bjurman Barry Funds), Custodian Agreement (Coventry Group)
Rejection of Payment Orders. The Custodian shall give the Fund Funds timely notice of the Custodian’s 's rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund Funds notice of the Custodian’s 's non-execution, the Custodian shall be liable only for the Fund’s Funds' actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund Funds pursuant to this Funds Transfer Services Schedule, such compensation will be payable as specified in accordance with UCC 4A.
Appears in 3 contracts
Sources: Custodian Agreement (Touchstone Variable Series Trust), Custodian Agreement (Touchstone Strategic Trust), Custodian Agreement (Touchstone Investment Trust)
Rejection of Payment Orders. The Custodian shall give the Fund Company timely notice of the Custodian’s rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund Company notice of the Custodian’s non-execution, the Custodian shall be liable only for the FundCompany’s actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund Company pursuant to this Funds Transfer Services Schedule, such compensation will be payable as at the rate specified in UCC 4A.
Appears in 3 contracts
Sources: Custodian Agreement (Pioneer Municipal High Income Opportunities Fund, Inc.), Custodian Agreement (Pioneer Floating Rate Trust), Custodian Agreement (Pioneer ILS Interval Fund)
Rejection of Payment Orders. The Custodian shall give the Fund Company timely notice of the Custodian’s 's rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund Company notice of the Custodian’s 's non-execution, the Custodian shall be liable only for the Fund’s Company's actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund Company pursuant to this Funds Transfer Services Schedule, such compensation will be consist of interest payable as specified in accordance with UCC 4A.
Appears in 2 contracts
Sources: Custodian Agreement (U S Global Investors Inc), Custodian Agreement (U S Global Investors Inc)
Rejection of Payment Orders. The Custodian shall give the Fund timely prompt notice of the Custodian’s 's rejection of a payment order. Such notice may be given in writing writing, by facsimile transmission or orally by telephonetelephone to such address(es) or telephone number(s) as may be designated by the Fund, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund notice of the Custodian’s 's non-execution, the Custodian shall be liable only for the Fund’s theFund's actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund Company pursuant to this Funds Transfer Services Schedule, such compensation will be payable as at the rate specified in UCC 4A.
Appears in 2 contracts
Sources: Custodian Agreement (Aetna Series Fund Inc), Custodian Agreement (Aetna Series Fund Inc)
Rejection of Payment Orders. The Custodian shall give the Fund Company timely notice of the Custodian’s rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund Company notice of the Custodian’s non-execution, the Custodian shall be liable only for the FundCompany’s actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined deemed in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund Company pursuant to this Funds Transfer Services Schedule, such compensation will be payable as specified in UCC 4A.
Appears in 2 contracts
Sources: Custodian Agreement (Shelton Greater China Fund), Custodian Agreement (Taiwan Greater China Fund)
Rejection of Payment Orders. The Custodian shall give the Fund timely notice of the Custodian’s rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund notice of the Custodian’s non-executionexecution , the Custodian shall be liable only for the Fund’s actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund pursuant to this Funds Transfer Services Schedule, such compensation will be payable as at the rate specified in UCC 4A.
Appears in 1 contract
Rejection of Payment Orders. The Custodian shall give the Fund Company timely --------------------------- notice of the Custodian’s 's rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund Company notice of the Custodian’s 's non-execution, the Custodian shall be liable only for the Fund’s Company's actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund Company pursuant to this Funds Transfer Services Schedule, such compensation will be payable as at the rate specified in UCC 4A.
Appears in 1 contract
Sources: Custodian Agreement (Deutsche Asset Management Vit Funds)
Rejection of Payment Orders. The Custodian shall give the Fund Trust timely notice of the Custodian’s 's rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund Trust notice of the Custodian’s 's non-execution, the Custodian shall be liable only for the each Fund’s 's actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the a Fund pursuant to this Funds Transfer Services Schedule, such compensation will be payable as specified in accordance with UCC 4A.
Appears in 1 contract
Rejection of Payment Orders. The Custodian shall give the Fund Trust timely notice of the Custodian’s rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund Trust notice of the Custodian’s non-execution, the Custodian shall be liable only for the each Fund’s actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the a Fund pursuant to this Funds Transfer Services Schedule, such compensation will be payable as specified in accordance with UCC 4A.
Appears in 1 contract
Rejection of Payment Orders. The Custodian shall give the Fund Trust timely notice of the Custodian’s rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund Trust notice of the Custodian’s non-execution, the Custodian shall be liable only for the FundTrust’s actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund Trust pursuant to this Funds Transfer Services Schedule, such compensation will be payable as specified in UCC 4A.
Appears in 1 contract
Rejection of Payment Orders. The Custodian shall give the Fund timely notice of the Custodian’s 's rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund notice of the Custodian’s 's non-execution, the Custodian shall be liable only for the Fund’s 's actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund pursuant to this Funds Transfer Services Schedule, such compensation will be payable as at the rate specified in UCC 4A.
Appears in 1 contract
Sources: Custodian Agreement (Gam Funds Inc)
Rejection of Payment Orders. The Custodian shall give the Fund timely --------------------------- notice of the Custodian’s 's rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund timely notice of the Custodian’s non-'s non- execution, the Custodian shall be liable only for the Fund’s 's actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Agreement and Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund pursuant to this Agreement and Funds Transfer Services Schedule, such compensation will be payable as at the rate specified in UCC 4A.
Appears in 1 contract
Sources: Custodian Agreement (Lexington Emerging Markets Fund Inc)
Rejection of Payment Orders. The Custodian shall give the Fund Company --------------------------- timely notice of the Custodian’s 's rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund Company notice of the Custodian’s 's non-execution, the Custodian shall be liable only for the Fund’s Company's actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund Company pursuant to this Funds Transfer Services Schedule, such compensation will be payable as at the rate specified in UCC 4A.
Appears in 1 contract
Rejection of Payment Orders. The Custodian shall give the Fund Company timely notice of the Custodian’s rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund Company notice of the Custodian’s non-execution, the Custodian shall be liable only for the FundCompany’s actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund Company pursuant to this Funds Transfer Services Schedule, such compensation will be payable as specified in accordance with UCC 4A.
Appears in 1 contract
Sources: Custodian Agreement (AirShares(TM) EU Carbon Allowances Fund)
Rejection of Payment Orders. The Custodian shall give the Fund Company timely notice of the Custodian’s 's rejection of a payment order. Such notice may be given in writing or orally by telephone, each of which is hereby deemed commercially reasonable. In the event the Custodian fails to execute a properly executable payment order and fails to give the Fund Company notice of the Custodian’s 's non-execution, the Custodian shall be liable only for the Fund’s Company's actual damages and only to the extent that such damages are recoverable under UCC 4A (as defined in Paragraph 7 below). Notwithstanding anything in this Funds Transfer Services Schedule and the Agreement to the contrary, the Custodian shall in no event be liable for any consequential or special damages under this Funds Transfer Services Schedule, whether or not such damages relate to services covered by UCC 4A, even if the Custodian has been advised of the possibility of such damages. Whenever compensation in the form of interest is payable by the Custodian to the Fund Company pursuant to this Funds Transfer Services Schedule, such compensation will be payable as specified in accordance with UCC 4A.
Appears in 1 contract