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Title: |
Custody Agreement |
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Entities: |
First National Bank of Chicago; One Fund Inc ; Bank of New York |
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Date: |
2001 |
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Size: |
Preview shows 5KB of 52KB total |
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Price: |
$51 |
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ID: |
#2146559 |
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CUSTODY AGREEMENT
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THIS AGREEMENT made the 14th day of April, 1993, by and between INVESTORS
FIDUCIARY TRUST COMPANY, a trust company chartered under the laws of the state
of Missouri, having its trust office located at 127 West 10th Street, Kansas
City, Missouri 64105 ("Custodian"), and ONE FUND, INC., a Maryland corporation
having its principal office and place of business at 237 William Howard Taft
Road, Cincinnati, Ohio 45219 ("Fund").
WITNESSETH:
WHEREAS, Fund desires to appoint Investors Fiduciary Trust Company as
custodian of the securities and monies of Fund's International Portfolio
("Portfolio"); and
WHEREAS, Investors Fiduciary Trust Company is willing to accept such
appointment;
NOW THEREFORE, for and in consideration of the mutual promises contained
herein, the parties hereto, intending to be legally bound, mutually covenant and
agree as follows:
1. APPOINTMENT OF CUSTODIAN. Fund hereby constitutes and appoints Custodian
as custodian of the Portfolio which is to include:
A. Appointment as custodian of the securities and monies at any time owned by
the Fund and held in the Portfolio; and
B. Appointment as agent to perform certain accounting and recordkeeping
functions required of a duly registered investment company in compliance
with applicable provisions of federal, state and local laws, rules and
regulations including, as may be required:
1. Provide information necessary for Fund to file required financial
reports; maintaining and preserving required books, accounts and
records as the basis for such reports; and performing certain daily
functions in connection with such accounts and records.
2. Calculating daily net asset value of the Portfolio, and
3. Acting as liaison with independent auditors.
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{PAGE}
2. DELIVERY OF CORPORATE DOCUMENTS. Fund has delivered or will deliver to
Custodian prior to the effective date of this Agreement, copies of the
following documents and all amendments or supplements thereto, properly
certified or authenticated:
A. Resolutions of the Board of Directors of Fund appointing Custodian as
custodian hereunder and approving the form of this Agreement; and
B. Resolutions of the Board of Directors of Fund designating certain persons
to give instructions on behalf of Fund to Custodian and authorizing
Custodian to rely upon written instructions over their signatures.
3. DUTIES AND RESPONSIBILITIES OF CUSTODIAN.
A. Delivery of Assets
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Fund will deliver or cause to be delivered to Custodian on the effective
date of this Agreement, or as soon thereafter as practicable, and from
time to time thereafter, all of the Portfolio's securities acquired by it
and monies then owned by it except as permitted by the Investment Company
Act of 1940 or from time to time coming into its possession during the
time this Agreement shall continue in effect. Custodian shall have no
responsibility or liability whatsoever for or on account of securities or
monies not so delivered. All securities so delivered to Custodian (other
than bearer securities) shall be registered in the name of Fund or its
nominee, or of a nominee of Custodian, or shall be properly endorsed and
in form for transfer satisfactory to Custodian.
B. Delivery of Accounts and Records
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Fund shall turn over to Custodian all of the Portfolio's relevant accounts
and records previously maintained by the Fund or its agent. Custodian
shall be entitled to rely conclusively on the completeness and correctness
of the accounts and records turned over to it by Fund, and Fund shall
indemnify and hold Custodian harmless of and from any and all expenses,
damages and losses whatsoever arising out of or in connection with any
error, omission, inaccuracy or other deficiency of such accounts and
records or in the failure
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{PAGE}
of Fund to provide any portion of such or to provide any information
needed by the Custodian knowledgeably to perform its function hereunder.
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