Additional Indemnification; Limitation of Liability. A. USBFS CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF MARSTM AND DATA WAREHOUSE SERVICES. Accordingly, USBFS’ sole liability to the Trust or any third party (including Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in MARSTM or Data Warehouse Services to be provided by USBFS hereunder shall be to use its best reasonable efforts to commence or resume MARSTM or Data Warehouse Services as promptly as is reasonably possible.
Appears in 11 contracts
Samples: Transfer Agent Servicing Agreement (Series Portfolios Trust), Servicing Agreement (Stone Ridge Trust), Transfer Agent Servicing Agreement (Equinox Funds Trust)
Additional Indemnification; Limitation of Liability. A. USBFS CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF MARSTM AND DATA WAREHOUSE SERVICES. Accordingly, USBFS’ sole liability to the Trust Trusts or any third party (including Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in MARSTM or Data Warehouse Services to be provided by USBFS USBFS, other than a Security Incident, hereunder shall be to use its best reasonable efforts to commence or resume MARSTM or Data Warehouse Services as promptly as is reasonably possible.
Appears in 5 contracts
Samples: Transfer Agent Servicing Agreement (Calamos Antetokounmpo Sustainable Equities Trust), Transfer Agent Servicing Agreement (Calamos Advisors Trust/Il), Transfer Agent Servicing Agreement (Calamos Investment Trust/Il)
Additional Indemnification; Limitation of Liability. A. USBFS CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF MARSTM MARS AND DATA WAREHOUSE SERVICES. Accordingly, USBFS’ ’s sole liability to the Trust or any third party (including Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in MARSTM MARS or Data Warehouse Services to be provided by USBFS hereunder shall be to use its best reasonable efforts to commence or resume MARSTM MARS or Data Warehouse Services as promptly as is reasonably possible.
Appears in 4 contracts
Samples: Form of Transfer Agent Servicing Agreement (DoubleLine Funds Trust), Transfer Agent Servicing Agreement (DoubleLine Funds Trust), Transfer Agent Servicing Agreement (DoubleLine Equity Funds)
Additional Indemnification; Limitation of Liability. A. USBFS CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF MARSTM AND DATA WAREHOUSE SERVICES. Accordingly, USBFS’ sole liability to the Trust Trusts or any third party (including Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in MARSTM or Data Warehouse Services to be provided by USBFS hereunder shall be to use its best reasonable efforts to commence or resume MARSTM or Data Warehouse Services as promptly as is reasonably possible.
Appears in 4 contracts
Samples: Transfer Agent Servicing Agreement (Calamos Investment Trust/Il), Transfer Agent Servicing Agreement (Hatteras Alternative Mutual Funds Trust), Transfer Agent Servicing Agreement (Underlying Funds Trust)
Additional Indemnification; Limitation of Liability. A. USBFS CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF MARSTM MARS AND DATA WAREHOUSE SERVICES. Accordingly, USBFS’ sole liability to the Trust or any third party (including Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in MARSTM MARS or Data Warehouse Services to be provided by USBFS hereunder shall be to use its best reasonable efforts to commence or resume MARSTM MARS or Data Warehouse Services as promptly as is reasonably possible.
Appears in 3 contracts
Samples: Transfer Agent Servicing Agreement (Hennessy SPARX Funds Trust), Transfer Agent Servicing Agreement (MainGate Trust), Transfer Agent Servicing Agreement (Brandes Investment Trust)
Additional Indemnification; Limitation of Liability. A. USBFS CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF MARSTM AND DATA WAREHOUSE SERVICES. Accordingly, USBFS’ sole liability to the Trust Fund or any third party (including Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in MARSTM or Data Warehouse Services to be provided by USBFS hereunder shall be to use its best reasonable efforts to commence or resume MARSTM or Data Warehouse Services as promptly as is reasonably possible.
Appears in 2 contracts
Samples: Transfer Agent Servicing Agreement (Tortoise Tax-Advantaged Social Infrastructure Fund, Inc.), Transfer Agent Servicing Agreement (Tortoise Tax-Advantaged Social Infrastructure Fund, Inc.)
Additional Indemnification; Limitation of Liability. A. USBFS CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF MARSTM MARS AND DATA WAREHOUSE SERVICES. Accordingly, USBFS’ sole liability to the Trust Company or any third party (including Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in MARSTM MARS or Data Warehouse Services to be provided by USBFS hereunder shall be to use its best reasonable efforts to commence or resume MARSTM MARS or Data Warehouse Services as promptly as is reasonably possible.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Hennessy Funds Trust)
Additional Indemnification; Limitation of Liability. A. USBFS CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF MARSTM AND DATA WAREHOUSE SERVICES. Accordingly, USBFS’ ’s sole liability to the Trust Fund and the Portfolio or any third party (including Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in MARSTM or Data Warehouse Services to be provided by USBFS hereunder shall be to use its best reasonable efforts to commence or resume MARSTM or Data Warehouse Services as promptly as is reasonably possible.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Kinetics Mutual Funds Inc)
Additional Indemnification; Limitation of Liability. A. USBFS CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF MARSTM MARS AND DATA WAREHOUSE SERVICES. Accordingly, USBFS’ ' sole liability to the Trust or any third party (including Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in MARSTM MARS or Data Warehouse Services to be provided by USBFS hereunder shall be to use its best reasonable efforts to commence or resume MARSTM MARS or Data Warehouse Services as promptly as is reasonably possible.
Appears in 1 contract
Samples: Servicing Agreement (Genworth Variable Insurance Trust)
Additional Indemnification; Limitation of Liability. A. USBFS CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF MARSTM AND DATA WAREHOUSE SERVICESMARSTM. Accordingly, USBFS’ sole liability to the Trust or any third party (including Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in MARSTM or Data Warehouse Services to be provided by USBFS hereunder shall be to use its best reasonable efforts to commence or resume MARSTM or Data Warehouse Services as promptly as is reasonably possible.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Eagle Series Trust)
Additional Indemnification; Limitation of Liability. A. USBFS CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF MARSTM AND DATA WAREHOUSE SERVICES. Accordingly, USBFS’ ’s sole liability to the Trust or any third party (including Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in MARSTM or Data Warehouse Services to be provided by USBFS hereunder shall be to use its best reasonable efforts to commence or resume MARSTM or Data Warehouse Services as promptly as is reasonably possible.
Appears in 1 contract
Additional Indemnification; Limitation of Liability. A. USBFS CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF MARSTM MARS AND DATA WAREHOUSE SERVICES. Accordingly, USBFS’ ’s sole liability to the Trust Company or any third party (including Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in MARSTM MARS or Data Warehouse Services to be provided by USBFS hereunder shall be to use its best reasonable efforts to commence or resume MARSTM MARS or Data Warehouse Services as promptly as is reasonably possible.
Appears in 1 contract
Additional Indemnification; Limitation of Liability. A. USBFS CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF MARSTM AND DATA WAREHOUSE SERVICES. Accordingly, USBFS’ ’s sole liability to the Adviser and the Trust or any third party (including Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in MARSTM or Data Warehouse Services to be provided by USBFS hereunder shall be to use its best reasonable efforts to commence or resume MARSTM or Data Warehouse Services as promptly as is reasonably possible.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Aip Alternative Strategies Funds)
Additional Indemnification; Limitation of Liability. A. USBFS CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF MARSTM AND DATA WAREHOUSE SERVICES. Accordingly, USBFS’ ’s sole liability to the Trust Corporation or any third party (including Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in MARSTM or Data Warehouse Services to be provided by USBFS hereunder shall be to use its best reasonable efforts to commence or resume MARSTM or Data Warehouse Services as promptly as is reasonably possible.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Kinetics Mutual Funds Inc)
