BNYM Failure to Receive Data. BNYM shall not be liable for data or information which the Company, a Permitted User or an agent of either transmits or attempts to transmit to BNYM in connection with its use of a Component System and which is not received by BNYM or for any failure of a Component System to perform a function in connection with any such data or information. BNYM shall not be obligated to ascertain the accuracy, actual receipt by it or successful transmission to it of any data or information in connection with the Company’s or a Permitted User’s use of a Component System or to confirm the performance of any function by a Component System based on the transmission of instructions, data or information to BNYM in connection with such use by the Company or a Permitted User. Sole responsibility for the foregoing shall rest with the party initiating the transmission.
Appears in 42 contracts
Samples: Transfer Agency and Shareholder Services Agreement (AMG Pantheon Credit Solutions Fund), Transfer Agency and Shareholder Services Agreement (KKR Asset-Based Income Fund), Transfer Agency and Shareholder Services Agreement (Lord Abbett Research Fund Inc)
BNYM Failure to Receive Data. BNYM shall not be liable for data or information which the Company, a Permitted User or an agent of either transmits or attempts to transmit to BNYM in connection with its use of a Component System and which is not received by BNYM or for any failure of a Component System to perform a function in connection with any such data or information. BNYM shall not be obligated to ascertain the accuracy, actual receipt by it or successful transmission to it of any data or information in connection with the Company’s 's or a Permitted User’s 's use of a Component System or to confirm the performance of any function by a Component System based on the transmission of instructions, data or information to BNYM in connection with such use by the Company or a Permitted User. Sole responsibility for the foregoing shall rest with the party initiating the transmission.
Appears in 23 contracts
Samples: Transfer Agency and Shareholder Services Agreement (Ark Venture Fund), Shareholder Services Agreement (Laudus Trust), Shareholder Services Agreement (Schwab Capital Trust)
BNYM Failure to Receive Data. BNYM shall not be liable for data or information which the Company, a Permitted an Authorized User or an agent of either transmits or attempts to transmit to BNYM in connection with its use of a Component System and which is not received by BNYM or for any failure of a Component System to perform a function in connection with any such data or information. BNYM shall not be obligated to ascertain the accuracy, actual receipt by it or successful transmission to it of any data or information in connection with the Company’s 's or a Permitted an Authorized User’s 's use of a Component System or to confirm the performance of any function by a Component System based on the transmission of instructions, data or information to BNYM in connection with such use by the Company or a Permitted an Authorized User. Sole responsibility for the foregoing shall rest with the party initiating the transmission.
Appears in 15 contracts
Samples: Transfer Agency and Shareholder Services Agreement (Versus Capital Infrastructure Income Fund), Transfer Agency and Shareholder Services Agreement (Polen Credit Opportunities Fund), CLT Agreement (Voya Separate Portfolios Trust)
BNYM Failure to Receive Data. BNYM shall not be liable for data or information which the Company, a Permitted User or an agent of either transmits or attempts to transmit to BNYM in connection with its use of a Component System and which is not received by BNYM or for any failure of a Component System to perform a function in connection with any such data or information. BNYM shall not be obligated to ascertain the accuracy, actual receipt by it or successful transmission to it of any data or information in connection with the Company’s or a Permitted User’s use of a Component System or to confirm the performance of any function by a Component System based on the transmission of instructions, data or information to BNYM in connection with such use by the Company or a Permitted User. Sole responsibility for the foregoing shall rest with the party initiating the transmission.. Confidential And Proprietary Execution Version
Appears in 4 contracts
Samples: Transfer Agency and Shareholder Services Agreement (Sit Mutual Funds Inc), Transfer Agency and Shareholder Services Agreement (Sit Mutual Funds Ii Inc), Agency and Services Agreement (Sit Mutual Funds Inc)
BNYM Failure to Receive Data. BNYM shall not be liable for data or information which the Company, a Permitted User or an agent of either transmits or attempts to transmit to BNYM in connection with its use of a Component System and which is not received by BNYM or for any failure of a Component System to perform a function in connection with dependent upon any such data or information. BNYM shall not be obligated to ascertain the accuracy, actual receipt by it or successful transmission to it of any data or information in connection with the Company’s or a Permitted User’s use of a Component System or to confirm the performance of any function by a Component System based on the transmission of instructions, data or information to BNYM in connection with such use by the Company or a Permitted User. Sole responsibility for the foregoing shall rest with the party initiating the transmission.
Appears in 1 contract
Samples: Shareholder Services Agreement (Pacific Funds Series Trust)
BNYM Failure to Receive Data. BNYM shall not be liable for data or information which the Company, a Permitted User or an agent of either transmits or attempts to transmit to BNYM in connection with its use of a Component System and which is not received by BNYM or for any failure of a Component System to perform a function in connection with any such data or information. BNYM shall not be obligated to ascertain the accuracy, actual receipt by it or successful transmission to it of any data or information in connection with the Company’s or a Permitted User’s use of a Component System or to confirm the performance of any function by a Component System based on the transmission of instructions, data or information to BNYM in connection with such use by the Company or a Permitted User. Sole responsibility for the foregoing shall rest with the party initiating the transmission.. C-83 Confidential And Proprietary Execution Version
Appears in 1 contract
BNYM Failure to Receive Data. BNYM shall not be liable for data or information which the CompanyFund, a Permitted User or an agent of either transmits or attempts to transmit to BNYM in connection with its use of a Component System and which is not received by BNYM or for any failure of a Component System to perform a function in connection with any such data or information. BNYM shall not be obligated to ascertain the accuracy, actual receipt by it or successful transmission to it of any data or information in connection with the CompanyFund’s or a Permitted User’s use of a Component System or to confirm the performance of any function by a Component System based on the transmission of instructions, data or information to BNYM in connection with such use by the Company Fund or a Permitted User. Sole responsibility for the foregoing shall rest with the party initiating the transmission.
Appears in 1 contract
Samples: Transfer Agency Services Agreement (Old Westbury Funds Inc)
BNYM Failure to Receive Data. BNYM shall not be liable for data or information which the Company, a Permitted an Authorized User or an agent of either transmits or attempts to transmit to BNYM in connection with its use of a Component System and which is not received by BNYM or for any failure of a Component System to perform a function in connection with any such data or information. BNYM shall not be obligated to ascertain the accuracy, actual receipt by it or successful transmission to it of any data or information in connection with the Company’s or a Permitted an Authorized User’s use of a Component System or to confirm the performance of any function by a Component System based on the transmission of instructions, data or information to BNYM in connection with such use by the Company or a Permitted an Authorized User. Sole responsibility for the foregoing shall rest with the party initiating the transmission.
Appears in 1 contract
Samples: Agency and Unitholder Services Agreement (Afl Cio Housing Investment Trust)
