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, provided such hardware 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 similar cause, contingency, circumstance or delay not subject to DST’s reasonable control which prevents or hinders DST’s performance hereunder.
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Samples: Transfer Agency Agreement (XAI Octagon Floating Rate & Alternative Income Term Trust), Transfer Agency Agreement (XAI Octagon Floating Rate & Alternative Income Term 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, provided such hardware equipment has been reasonably maintained, or third party software) 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 similar cause, contingency, circumstance or delay not subject to DST’s 's reasonable control which prevents or hinders DST’s 's performance hereunder.. B. DST currently maintains an agreement with a third party whereby DST is to be permitted to use on a "shared use" basis
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Force Majeure and Disaster Recovery Plans. A. DST shall not be responsible or liable for its reasonable failure or reasonable 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 or software provided such hardware has been reasonably maintained, they were maintained or third party softwareupdated per manufacturer requirements) 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 similar cause, contingency, circumstance or delay not subject to DST’s 's reasonable control which prevents or hinders DST’s 's performance hereunder.
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Force Majeure and Disaster Recovery Plans. A. 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 (hardwarehardware or software, provided such hardware 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 similar cause, contingency, circumstance or delay not subject to DST’s 's reasonable control which prevents or hinders DST’s 's performance hereunder.
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