Common use of Force Majeure and Disaster Recovery Plans Clause in Contracts

Force Majeure and Disaster Recovery Plans. A. DST shall not be responsible or liable for its failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation: any interruption, loss or malfunction of any utility, transportation, computer (hardware or software) or communication service; inability to obtain labor, material, equipment or transportation, or a delay in mails; governmental or exchange action, statute, ordinance, rulings, regulations or direction; war, strike, riot, emergency, civil disturbance, terrorism, vandalism, explosions, labor disputes, freezes, floods, fires, tornados, acts of God or public enemy, revolutions, or insurrection; or any other cause, contingency, circumstance or delay not subject to DST’s reasonable control which prevents or hinders DST’s performance hereunder.

Appears in 15 contracts

Samples: Agency Agreement (Nuveen Enhanced High Yield Municipal Bond Fund), Agency Agreement (Blackstone Private Credit Fund), Agency Agreement (Pioneer Securitized Income Fund)

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Force Majeure and Disaster Recovery Plans. A. DST shall not be responsible or liable for its failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation: any interruption, loss or malfunction of or any utility, transportation, computer (hardware hardware, provided such equipment has been reasonably maintained, or software) third party software or communication service; inability to obtain labor, material, equipment or transportation, or a delay in mails; governmental or exchange action, statute, ordinance, rulings, regulations or direction; war, strike, riot, emergency, civil disturbance, terrorism, vandalism, explosions, labor disputes, freezes, floods, fires, tornadostornadoes, acts of God or public enemy, revolutions, or insurrection; or any other cause, contingency, circumstance or delay not subject to DST’s 's reasonable control which prevents or hinders DST’s 's performance hereunder.

Appears in 13 contracts

Samples: Agency Agreement (Tip Funds), Agency Agreement (First American Funds Inc), Agency Agreement (Oak Associates Funds)

Force Majeure and Disaster Recovery Plans. A. DST shall not be responsible or liable for its failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation: any interruption, loss or malfunction of or any utility, transportation, computer (hardware or software) or communication service; inability to obtain labor, material, equipment or transportation, or a delay in mails; governmental or exchange action, statute, ordinance, rulings, regulations or direction; war, strike, riot, emergency, civil disturbance, terrorism, vandalism, explosions, labor disputes, freezes, floods, fires, tornadostornadoes, acts of God or public enemy, revolutions, or insurrection; or any other cause, contingency, circumstance or delay not subject to DST’s 's reasonable control which prevents or hinders DST’s 's performance hereunder.

Appears in 10 contracts

Samples: Transfer Agency Agreement (UM Investment Trust II), Transfer Agency Agreement (Jp Morgan Mutual Fund Investment Trust), Transfer Agency Agreement (Jp Morgan Mutual Fund Group/Ma)

Force Majeure and Disaster Recovery Plans. A. DST shall not be responsible or liable for its failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation: any interruption, loss or malfunction of any utility, transportation, computer (hardware or software) or communication service; inability to obtain labor, material, equipment or transportation, or a delay in mails; governmental or exchange action, statute, ordinance, rulings, regulations or direction; war, strike, riot, emergency, civil disturbance, terrorism, vandalism, explosions, labor disputes, freezes, floods, fires, tornados, acts of God or public enemy, revolutions, or insurrection; or any other cause, contingency, circumstance or delay not subject to DST’s 's reasonable control which prevents or hinders DST’s 's performance hereunder.

Appears in 7 contracts

Samples: Agency Agreement (Broadstone Real Estate Access Fund), Agency Agreement (Federated Project & Trade Finance Tender Fund), Agency Agreement (RiverNorth Marketplace Lending Corp)

Force Majeure and Disaster Recovery Plans. A. DST shall not be responsible or liable for its failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation: any interruption, loss or malfunction of any utility, transportation, computer (hardware hardware, provided such equipment has been reasonably maintained, or third-party software) or communication service; inability to obtain labor, material, equipment or transportation, or a delay in mails; governmental or exchange action, statute, ordinance, rulings, regulations or direction; war, strike, riot, emergency, civil disturbance, terrorism, vandalism, explosions, labor disputes, freezes, floods, fires, tornados, acts of God or public enemy, revolutions, or insurrection; or any other cause, contingency, circumstance or delay not subject to DST’s reasonable control which prevents or hinders DST’s performance hereunder.

Appears in 5 contracts

Samples: Agency Agreement (Nexpoint Real Estate Strategies Fund), Agency Agreement (KKR Series Trust), Agency Agreement (KKR Alternative Corporate Opportunities Fund)

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Force Majeure and Disaster Recovery Plans. A. DST shall not be responsible or liable for its failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation: any interruption, loss or malfunction of or any utility, transportation, computer (hardware or software) or communication service; inability to obtain labor, material, equipment or transportation, or a delay in mails; governmental or exchange action, statute, ordinance, rulings, regulations or direction; war, strike, riot, emergency, civil disturbance, terrorism, vandalism, explosions, labor disputes, freezes, floods, fires, tornados, acts of God or public enemy, revolutions, or insurrection; or any other cause, contingency, circumstance or delay not subject to DST’s 's reasonable control which prevents or hinders DST’s 's performance hereunder.

Appears in 4 contracts

Samples: Agency Agreement (Sogen Funds Inc), Agency Agreement (Constellation Funds), Agency Agreement (Sogen International Fund Inc/Societe Generale Touche Remnant)

Force Majeure and Disaster Recovery Plans. A. DST shall not be responsible or liable for its failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation: any interruption, loss or malfunction of any utility, transportation, computer (hardware or software) or communication service; inability to obtain labor, material, equipment or transportation, or a delay in mails; governmental or exchange action, statute, ordinance, rulings, regulations or direction; war, strike, riot, emergency, civil disturbance, terrorism, vandalism, explosions, labor disputes, freezes, floods, fires, tornadostornadoes, acts of God or public enemy, revolutions, or insurrection; or any other cause, contingency, circumstance or delay not subject to DST’s 's reasonable control which prevents or hinders DST’s 's performance hereunder.

Appears in 3 contracts

Samples: Agency Agreement (Uam Funds Inc Ii/), Agency Agreement (Uam Funds Inc), Agency Agreement (Uam Funds Trust)

Force Majeure and Disaster Recovery Plans. A. DST shall not be responsible or liable for its failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation: any interruption, loss or malfunction of or any utility, transportation, computer (hardware or software) or communication service; inability to obtain labor, material, equipment or transportation, or a delay in mails; governmental or exchange action, statute, ordinance, rulings, regulations or direction; war, strike, riot, emergency, civil disturbance, terrorism-terrorism, vandalism, explosions, labor disputes, freezes, floods, fires, tornadostornadoes, acts of God or public enemy, revolutions, or insurrection; or any other cause, contingency, circumstance or delay not subject to DST’s 's reasonable control which prevents or hinders DST’s 's performance hereunder.

Appears in 1 contract

Samples: Agency Agreement (Omni Investment Fund)

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