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, except to the extent that such failure to receive data is the result of BNYM’s failure to meet its Standard of Care as specified in the Main Agreement. 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 6 contracts
Samples: Transfer Agency and Shareholder Services Agreement (Touchstone Tax Free Trust), Transfer Agency and Shareholder Services Agreement (Touchstone Institutional Funds Trust), Transfer Agency and Shareholder Services Agreement (Touchstone Variable Series Trust)
