Common use of Correction of Errors Clause in Contracts

Correction of Errors. BNY Mellon shall promptly (1) notify Voya of errors or inaccuracies in Voya Data if and when BNY Mellon actually becomes aware of such errors or inaccuracies, (2) correct any such known errors or inaccuracies at its cost and expense to the extent such errors or inaccuracies are caused by BNY Mellon’s act or omission and (3) correct such errors or inaccuracies upon Voya’s request and at Voya’s cost and expense to the extent such errors or inaccuracies are not caused by BNY Mellon’s act or omission. In the event of a dispute as to which Party caused such error or inaccuracy, BNY Mellon shall promptly correct such error or inaccuracy at its cost and expense as directed by Voya pending the resolution of such dispute in accordance with the Dispute Resolution Procedures. If it is determined through the Dispute Resolution Procedures that BNY Mellon did not cause such error or inaccuracy, Voya shall compensate BNY Mellon (using the rates agreed upon by the Parties based on BNY Mellon’s then-current rates for such services) for BNY Mellon’s performance of the services necessary to correct such error or inaccuracy.