Common use of Force Majeure Clause in Contracts

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 205 contracts

Samples: Amended and Restated Custody Agreement (GPS Funds I), Custody Agreement (Flat Rock Opportunity Fund), Custody Agreement (Compass EMP Funds Trust)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots ; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents ; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian, in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 52 contracts

Samples: Custody Agreement (Georgetowne Funds), Custody Agreement (Simple Capital Trust), Custody Agreement (Presidio Funds)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 44 contracts

Samples: Custody Agreement (Alpine Equity Trust), Custody Agreement (Bertolet Capital Trust), Custody Agreement (Upright Investments Trust)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes ; , acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) delay shall use its best efforts to ameliorate the effects of any such failure or delay . Notwithstanding the foregoing, the Custodian shall maintain sufficient disaster recovery procedures to minimize interruptions.

Appears in 41 contracts

Samples: Custody Agreement (Cook & Bynum Funds Trust), Custody Agreement (Advisorone Funds), Custody Agreement (Americafirst Quantitative Funds)

Force Majeure. Neither the Custodian nor the Trust Fund shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 40 contracts

Samples: Custody Agreement (Brookfield Global Listed Infrastructure Income Fund Inc.), Custody Agreement (Brookfield Real Assets Income Fund Inc.), Amended and Restated Custody Agreement (Bridges Investment Fund Inc)

Force Majeure. Neither the Custodian nor the Trust The Lending Agent shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of of, or caused, caused directly or indirectly indirectly by, by circumstances beyond its reasonable control, including, including without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility utilities, transportation, computer (hardware or software) or telephone communication communications service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation ; provided . Without limiting the foregoing, however, that in the event of a failure or delay but subject to Section 6, the Custodian (i) Lending Agent shall not discriminate against be responsible for economic, political or investment risks incurred through the Fund Client’s participation in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay securities lending program.

Appears in 39 contracts

Samples: Amended and Restated Securities Lending Agency Agreement (BlackRock Series Fund, Inc.), Securities Lending Agency Agreement (BlackRock Utilities, Infrastructure & Power Opportunities Trust), Securities Lending Agency Agreement (BlackRock Private Investments Fund)

Force Majeure. Neither the Custodian nor the Trust Fund shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian Custodian: (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement , ; and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 29 contracts

Samples: Custody Agreement (Fintan Alternative Fixed Income Master Fund, LLC), Custody Agreement (Stone Ridge Trust IV), Custody Agreement (Angel Oak Financial Institutions Income Term Trust)

Force Majeure. Neither the Custodian nor the Trust Company shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 28 contracts

Samples: Amended and Restated Custody Agreement (Leuthold Funds Inc), Amended and Restated Custody Agreement (Fmi Funds Inc), Custody Agreement (RBB Fund, Inc.)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund Funds in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 28 contracts

Samples: Custody Agreement (Countrywide Strategic Trust), Agreement and Declaration of Trust (Touchstone Tax Free Trust), Custody Agreement (Merlin Funds Group)

Force Majeure. Neither the Custodian nor the Trust The Escrow Agent shall not be responsible or liable for any failure or delay in the performance of its obligations obligation under this Escrow Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires fire; floods flood; wars ; acts of terrorism; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics epidemic; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation utilities, computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority authority or governmental action; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the Escrow Agent shall use commercially reasonable efforts which are consistent with accepted practices in the event of a failure or delay, banking industry to resume performance as soon as reasonably practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 27 contracts

Samples: Agreement and Plan of Merger (Sucampo Pharmaceuticals, Inc.), Escrow Agreement, Escrow Agreement (Tanzanian Royalty Exploration Corp)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes ; , acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) delay shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 20 contracts

Samples: Custody Agreement (Aquila Municipal Trust), Custody Agreement (Aquila Funds Trust), Custody Agreement (Aquila Municipal Trust)

Force Majeure. Neither the Custodian USBFS nor the Trust Fund shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian USBFS: (i) shall not discriminate against the Fund in favor of any other customer of the Custodian USBFS in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 18 contracts

Samples: Transfer Agent Servicing Agreement (Stone Ridge Trust IV), Fund Administration Servicing Agreement (Tortoise Tax-Advantaged Social Infrastructure Fund, Inc.), Fund Administration Servicing Agreement (Stone Ridge Trust V)

Force Majeure. Neither the Custodian nor the Trust The Escrow Agent shall not be responsible or liable for any failure or delay in the performance of its obligations obligation under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires fire; floods flood; wars ; acts of terrorism; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics epidemic; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation utilities, computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority authority or governmental action; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the Escrow Agent shall use commercially reasonable efforts which are consistent with accepted practices in the event of a failure or delay, banking industry to resume performance as soon as reasonably practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 16 contracts

Samples: Escrow Agreement (Ebang International Holdings Inc.), Escrow Agreement (1847 Holdings LLC), Escrow Agreement (Manufactured Housing Properties Inc.)

Force Majeure. Neither the Custodian nor the Trust party to this Agreement shall be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures acts of terrorism; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation utilities, computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the parties shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, banking industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 14 contracts

Samples: Auction Agency Agreement (Tortoise Energy Capital Corp), Auction Agency Agreement (Tortoise Energy Capital Corp), Auction Agency Agreement (Tortoise North American Energy Corp)

Force Majeure. Neither the Custodian nor the Trust Bank shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising which are not the result of Bank's negligence but which have arisen out of or are caused, directly or indirectly, by circumstances beyond its reasonable control, including, including without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility utilities, transportation, computer (hardware or software) or telephone communication communications service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation ; provided, however, that in . Upon the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor occurrence of any other customer of the Custodian in making computer time and personnel available to input such delay or process the transactions contemplated by this Agreement failure, and (ii) Bank shall use its commercially reasonable best efforts to ameliorate resume performance as soon as practicable under the effects of circumstances. Bank has established and agrees to maintain such disaster recovery plans and systems that it reasonably believes to be necessary and appropriate to its operations and which comply, in all material respects, with any such failure statute, regulation or delay rule to which it is subject.

Appears in 13 contracts

Samples: Ing Series Fund Inc, Ing Partners Inc, Ing Variable Products Trust

Force Majeure. Neither the Custodian nor the Trust party to this Agreement shall be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures acts of terrorism; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction of utility, transportation, malfunctions or utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the parties shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, banking industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 12 contracts

Samples: Dealer Agreement (Reaves Utility Income Fund), Auction Agency Agreement (Cohen & Steers Reit & Preferred Income Fund Inc), Auction Agency Agreement (Cohen & Steers Reit & Preferred Income Fund Inc)

Force Majeure. Neither the Custodian nor the Trust The Administrator shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, including without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation utilities, computer (hardware or software) or telephone communication communications service; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) Administrator shall use its best efforts to ameliorate resume performance as soon as practicable under the effects of any such failure or delay circumstances.

Appears in 12 contracts

Samples: Administration Agreement (Ing Clarion Real Estate Income Fund), Administration Agreement (Ing Clarion Global Real Estate Income Fund), Administration Agreement (Advent/Claymore Global Convertible Securities & Income Fund)

Force Majeure. Neither the Custodian nor the Trust party to this Agreement shall be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; sabotage; acts of terrorism ; sabotage; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions or utilities; computer (hardware or software) or communications services (provided that Auction Agent has not been grossly negligent with respect to selection, operation or maintenance of utility, transportation such utilities, computer (hardware or software) or telephone communication communications service ); accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the parties shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, banking industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 11 contracts

Samples: Neuberger Berman Real Estate Securities Income Fund Inc, Neuberger Berman Real Estate Income Fund Inc, Neuberger Berman New York Intermediate Municipal Fund Inc

Force Majeure. Neither the Custodian nor the Trust Corporation shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots ; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents ; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian, in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 11 contracts

Samples: Reverse Repurchase Agreements (Tristar Investment Trust), Custody Agreement (Monterey Mutual Fund), Custody Agreement (Declaration Fund)

Force Majeure. Neither The Local Manager shall not be responsible or liable to MSIM or the Custodian nor the Trust shall be liable Fund for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation, utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the Local Manager shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, investment management industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 11 contracts

Samples: Morgan Stanley Institutional Fund Trust, Universal Institutional Funds Inc, Morgan Stanley Institutional Fund Trust

Force Majeure. Neither The Local Manager shall not be responsible or liable to Morgan Stanley Investment Advisors or the Custodian nor the Trust shall be liable Fund for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation, utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the Local Manager shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, investment management industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 11 contracts

Samples: Morgan Stanley Global Dividend Growth Securities, Morgan Stanley International Value Equity Fund, Morgan Stanley International Value Equity Fund

Force Majeure. Neither the Custodian nor the any Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the any Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement Agreement and agreements with such other customers, and (ii) shall use its best efforts to promptly ameliorate the effects of any such failure or delay.

Appears in 10 contracts

Samples: Custody Agreement (Sei Institutional Investments Trust), Custody Agreement (SEI Catholic Values Trust), Custody Agreement (SEI Insurance Products Trust)

Force Majeure. Neither the Custodian nor the Trust Corporation shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 10 contracts

Samples: Custody Agreement (Pebblebrook Fund Inc), Custody Agreement (Camco Investors Fund), Custody Agreement (Agile Funds Inc)

Force Majeure. Neither The Local Manager shall not be responsible or liable to VKAM or the Custodian nor the Trust shall be liable Fund for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation, utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the Local Manager shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, investment management industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 10 contracts

Samples: Advisory Agreement (Van Kampen Equity Trust Ii), Advisory Agreement (Van Kampen Bond Fund), Advisory Agreement (Van Kampen Equity Trust Ii)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay . The Custodian will be liable for any failure or delay in performance of its obligations under this Agreement or any loss whatsoever arising out of the Custodian's failure to (i) adopt a Disaster Recovery Plan (as defined in Article VIII above); or (ii) reasonably implement and adhere to such Disaster Recovery Plan.

Appears in 9 contracts

Samples: Custody Agreement (Capital Management Investment Trust), Agreement and Declaration of Trust (AlphaMark Investment Trust), Reverse Repurchase Agreements (Guerite Funds)

Force Majeure. Neither the Custodian nor the Trust The Auction Agent shall not be responsible for or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures acts of terrorism; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation, utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the Auction Agent shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, banking industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances. VII. MISCELLANEOUS.

Appears in 9 contracts

Samples: Auction Agency Agreement (Cohen & Steers Reit & Utility Income Fund Inc), Auction Agency Agreement (Cohen & Steers Select Utility Fund Inc), Auction Agency Agreement (Reaves Utility Income Fund)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian, in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 8 contracts

Samples: Custody Agreement (Roulston Funds), Venus Series Trust, Trust for Investment Managers

Force Majeure. Neither the Custodian nor the Trust The Auction Agent shall not be responsible for or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; sabotage; acts of terrorism ; sabotage; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility utilities; computer (hardware or software) or communications services (provided that Auction Agent has not been grossly negligent with respect to selection, transportation operation or maintenance of such utilities, computer (hardware or software) or telephone communication communications service ); accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the Auction Agent shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, banking industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances. VII. MISCELLANEOUS.

Appears in 8 contracts

Samples: Auction Agency Agreement (RMR Hospitality & Real Estate Fund), Auction Agency Agreement (RMR Real Estate Fund), Auction Agency Agreement (Neuberger Berman Real Estate Income Fund Inc)

Force Majeure. Neither the Custodian BNYM nor the Trust any Fund shall be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, including acts of God ; acts of war or terrorism; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation utilities, computer (hardware or software) or telephone communication communications service; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; it being understood that the Funds or inability to obtain labor BNYM, material as the case may be, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its their best efforts to ameliorate resume performance as soon as practicable under the effects of any such failure or delay circumstances.

Appears in 7 contracts

Samples: Administrative Services Agreement (Entrust Multi-Strategy Fund), Administrative Services Agreement (Grosvenor Registered Multi-Strategy Fund (Ti 2), LLC), Administrative Services Agreement (Grosvenor Registered Multi-Strategy Master Fund, LLC)

Force Majeure. Neither the Custodian nor the Trust Company shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes ; , acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) delay shall use its best efforts to ameliorate the effects of any such failure or delay . Notwithstanding the foregoing, the Custodian shall maintain sufficient disaster recovery procedures to minimize interruptions.

Appears in 7 contracts

Samples: Custody Agreement (Ultimus Managers Trust), Custody Agreement (Steward Funds, Inc.), Custody Agreement (Herzfeld Caribbean Basin Fund Inc)

Force Majeure. Neither the Custodian nor the Trust Company shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 7 contracts

Samples: Custody Agreement (Tortoise Capital Resources Corp), Custody Agreement (Tortoise Energy Capital Corp), Tortoise Energy Infrastructure Corp

Force Majeure. Neither the Custodian nor the Trust Fund shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 7 contracts

Samples: MVC Capital, Inc., Gintel Fund, Bridges Investment Fund Inc

Force Majeure. Neither the Custodian nor the Trust Fund shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances not reasonably foreseeable and beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods God and any resulting power failure; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots ; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes ; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation and any such similar circumstances beyond its reasonable control as may cause a business interruption; provided, however, that in the event of a failure or delay, the Custodian Custodian: (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement , ; and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 7 contracts

Samples: Custody Agreement (Stone Ridge Longevity Risk Premium Fixed Income Master Trust 2045), Amended and Restated Custody Agreement (Stone Ridge Trust III), Custody Agreement (Stone Ridge Longevity Risk Premium Fixed Income Trust 85F)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the a Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 7 contracts

Samples: Custody Agreement (Henlopen Fund), Ccma Select Investment Trust, Ccma Select Investment Trust

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the a Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 6 contracts

Samples: Custody Agreement (Direxion Shares ETF Trust), Custody Agreement (LoCorr Investment Trust), Custody Agreement (StrongVest ETF Trust)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best commercially reasonable efforts to ameliorate the effects of any such failure or delay.

Appears in 6 contracts

Samples: Custody Agreement (Starboard Investment Trust), Custody Agreement (Spinnaker ETF Series), Custody Agreement (Spinnaker ETF Series)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 6 contracts

Samples: Custody Agreement (Trust for Professional Managers), Custody Agreement (Intrepid Capital Management Funds Trust), Custody Agreement (Trust for Professional Managers)

Force Majeure. Neither the Custodian Custodian, the Funds nor the Trust KCM shall be liable for any failure or delay in performance of its their obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund Funds in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 6 contracts

Samples: Amended and Restated Custody Agreement (Buffalo Funds), Amended and Restated Custody Agreement (Buffalo Funds), Amended and Restated Custody Agreement (Buffalo Funds)

Force Majeure. Neither The Local Manager shall not be responsible or liable to the Custodian nor the Trust shall be liable Investment Adviser or a Portfolio for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation, utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the Local Manager shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, investment management industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 6 contracts

Samples: Morgan Stanley Institutional Fund Inc, Morgan Stanley Institutional Fund Inc, Morgan Stanley Institutional Fund Inc

Force Majeure. Neither The Local Manager shall not be responsible or liable to the Custodian nor Investment Manager or the Trust shall be liable Fund for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation, utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the Local Manager shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, investment management industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 6 contracts

Samples: Investment Management Agreement (Morgan Stanley Global Infrastructure Fund), Morgan Stanley Select Dimensions Investment Series, Morgan Stanley Select Dimensions Investment Series

Force Majeure. Neither the Custodian nor the Trust Bank shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising which are not the result of Bank’s negligence but which have arisen out of or are caused, directly or indirectly, by circumstances beyond its reasonable control, including, including without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility utilities, transportation, computer (hardware or software) or telephone communication communications service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation ; provided, however, that in . Upon the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor occurrence of any other customer of the Custodian in making computer time and personnel available to input such delay or process the transactions contemplated by this Agreement failure, and (ii) Bank shall use its commercially reasonable best efforts to ameliorate resume performance as soon as practicable under the effects of circumstances. Bank has established and agrees to maintain such disaster recovery plans and systems that it reasonably believes to be necessary and appropriate to its operations and which comply, in all material respects, with any such failure statute, regulation or delay rule to which it is subject.

Appears in 5 contracts

Samples: Securities Lending Agreement (ING Emerging Markets High Dividend Equity Fund), Securities Lending Agreement (ING Separate Portfolios Trust), Securities Lending Agreement (ING Infrastructure Development Equity Fund)

Force Majeure. Neither the Custodian nor the Trust Corp shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the a Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 5 contracts

Samples: Custody Agreement (Brandywine Fund Inc), Custody Agreement (Fmi Mutual Funds Inc), Custody Agreement (Brandywine Blue Fund Inc)

Force Majeure. Neither the Custodian USBFS nor the Trust Fund shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian USBFS: (i) shall not discriminate against the Fund in favor of any other customer of the Custodian USBFS in making computer time and personnel available to input or process the transactions contemplated by this Agreement , ; and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 4 contracts

Samples: Fund Accounting Servicing Agreement (Stone Ridge Trust IV), Fund Accounting Servicing Agreement (Stone Ridge Trust V), Fund Accounting Servicing Agreement (Stone Ridge Trust V)

Force Majeure. Neither the Custodian nor the Trust party to this Agreement shall be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; sabotage; acts of terrorism ; sabotage; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility utilities; computer (hardware or software) or communications services (provided that the Auction Agent has not been grossly negligent with respect to selection, transportation operation or maintenance of such utilities, computer (hardware or software) or telephone communication communications service ); accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the parties shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, banking industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 4 contracts

Samples: RMR Asia Pacific Real Estate Fund, RMR Real Estate Income Fund, RMR Preferred Dividend Fund

Force Majeure. Neither the Custodian nor the Trust party to this Agreement shall be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; sabotage; acts of terrorism ; sabotage; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction of utility, transportation, malfunctions or utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the parties shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, banking industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 4 contracts

Samples: F&c/Claymore Preferred Securities Income Fund Inc, Pimco Floating Rate Income Fund, Flaherty & Crumrine/Claymore Total Return Fund Inc

Force Majeure. Neither the Custodian nor the Trust party to this Agreement shall be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures acts of terrorism; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation, utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the parties shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, banking industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 4 contracts

Samples: Dealer Agreement (Clough Global Opportunities Fund), Dealer Agreement (Clough Global Opportunities Fund), Dealer Agreement (Clough Global Allocation Fund)

Force Majeure. Neither the Custodian nor the Trust Company shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes ; pandemics; epidemics; riots; power failures; computer failure failure; any quarantines or closures ordered by governmental entities or agencies; and any such circumstances beyond its reasonable control as may cause interruption , ; loss or malfunction of utility , ; transportation , ; computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) delay shall use its best efforts to ameliorate the effects of any such failure or delay . Notwithstanding the foregoing, the Custodian shall maintain sufficient disaster recovery procedures to minimize interruptions.

Appears in 4 contracts

Samples: Custody Agreement (Northern Lights Fund Trust Ii), Custody Agreement (SFS Series Trust), Custody Agreement (SFS Series Trust)

Force Majeure. Neither the Custodian nor the Trust Fund shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances not reasonably foreseeable and beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods God and any resulting power failure; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots ; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes ; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation and any such similar circumstances beyond its reasonable control as may cause a business interruption; provided, however, that in the event of a failure or delay, the Custodian Custodian: (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement , ; and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay . . FINAL

Appears in 4 contracts

Samples: Amended and Restated Custody Agreement (Stone Ridge Trust II), Amended and Restated Custody Agreement (Stone Ridge Trust V), Amended and Restated Custody Agreement (Stone Ridge Trust III)

Force Majeure. Neither the Custodian nor the Trust Funds shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund Funds in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 4 contracts

Samples: Custody Agreement (Hatteras 1099 Advantage Fund), Custody Agreement (Hatteras 1099 Advantage Institutional Fund), Custody Agreement (Salient MLP & Energy Infrastructure Fund)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated transactionscontemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 4 contracts

Samples: Amended and Restated Custody Agreement (PFS Funds), Custody Agreement (Northern Lights Fund Trust Ii), Custody Agreement (360 Funds)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund Funds in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 4 contracts

Samples: Custody Agreement (Community Capital Trust), Custody Agreement (PineBridge Mutual Funds), Custody Agreement (Ranger Funds Investment Trust)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian Custodian: (i) shall not discriminate against the Fund Trust in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement , ; and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 4 contracts

Samples: Custody Agreement (Tidal ETF Trust), Custody Agreement (Salt Funds Trust), Custody Agreement (Vs Trust)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots ; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents ; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian, in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 4 contracts

Samples: Reverse Repurchase Agreements (Timothy Plan), Amidex Funds Inc, Fenimore Asset Management Trust

Force Majeure. Neither the Custodian Custodian, the Sponsor nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the a Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 4 contracts

Samples: Custody Agreement (Teucrium Commodity Trust), Custody Agreement (ETF Managers Group Commodity Trust I), Custody Agreement (ETF Managers Group Commodity Trust I)

Force Majeure. Neither the Custodian Fund nor the Trust BBH&CO shall be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of of, or caused, caused directly or indirectly indirectly by, by circumstances beyond its reasonable control, including, including without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility utilities, transportation, computer (hardware or software) or telephone communication communications service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation ; . Without limiting the foregoing, BBH&CO shall not be responsible for economic, political or investment risks incurred through the Fund's participation in this securities lending program, provided, however, however that BBH&CO in the event of a any such failure or delay, the Custodian delay (i) shall not discriminate against the Fund in favor of any other customer of the Custodian BBH&CO in making computer time and personnel resources available to input or process the transactions contemplated by perform its obligations under this Agreement, Agreement and (ii) shall use its best reasonable efforts to ameliorate the effects of any such failure or of delay.

Appears in 4 contracts

Samples: Securities Lending Agency Agreement (Touchstone Investment Trust), Securities Lending Agency Agreement (Touchstone Variable Series Trust), Securities Lending Agency Agreement (Touchstone Institutional Funds Trust)

Force Majeure. Neither the Custodian nor the Trust The Auction Agent shall not be responsible for or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures acts of terrorism; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation utilities, computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the Auction Agent shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, banking industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances. VII. MISCELLANEOUS.

Appears in 4 contracts

Samples: Auction Agency Agreement (Clough Global Opportunities Fund), Auction Agency Agreement (Clough Global Equity Fund), Auction Agency Agreement (Clough Global Allocation Fund)

Force Majeure. Neither The Local Manager shall not be responsible or liable to MSIA or the Custodian nor the Trust shall be liable Fund for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation, utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the Local Manager shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, investment management industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 4 contracts

Samples: Morgan Stanley Variable Investment Series, Morgan Stanley Variable Investment Series, Morgan Stanley Variable Investment Series

Force Majeure. Neither The Local Manager shall not be responsible or liable to the Custodian nor the Trust shall be liable Investment Adviser or a Fund for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation, utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the Local Manager shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, investment management industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 4 contracts

Samples: Morgan Stanley International Value Equity Fund, Morgan Stanley Natural Resource Development Sec, Voya INVESTORS TRUST

Force Majeure. Neither The Local Manager shall not be responsible or liable to the Custodian nor the Trust shall be liable Investment Adviser or a Portfolio for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; floods;Annex-3 wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation, utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the Local Manager shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, investment management industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 4 contracts

Samples: Morgan Stanley Institutional Fund Trust, Morgan Stanley Institutional Fund Inc, Morgan Stanley Institutional Fund Inc

Force Majeure. Neither The Local Manager shall not be responsible or liable to the Custodian nor the Trust shall be liable Investment Adviser or a Portfolio for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars floods;wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation, utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the Local Manager shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, investment management industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 4 contracts

Samples: Morgan Stanley Institutional Fund Trust, Morgan Stanley Institutional Fund Inc, Morgan Stanley Institutional Fund Trust

Force Majeure. Neither The Local Manager shall not be responsible or liable to the Custodian nor Investment Adviser or the Trust shall be liable Fund for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation, utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the Local Manager shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, investment management industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 4 contracts

Samples: Morgan Stanley Series Funds, Investment Advisory Agreement (Latin American Discovery Fund, Inc.), Investment Management Agreement (Morgan Stanley Emerging Markets Fund Inc)

Force Majeure. Neither the Custodian BNYM-AIS nor the Trust any Fund shall be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, including acts of God ; acts of war or terrorism; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation utilities, computer (hardware or software) or telephone communication communications service; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; it being understood that the Funds or inability BNYM-AIS, as the case may be, shall use their best efforts to obtain labor resume performance as soon as practicable under the circumstances. Notwithstanding the foregoing, material, equipment or transportation; provided, however, that in the event of a failure or delay force majeure event as described in the preceding sentence, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available parties agree to input or process the transactions contemplated by this Agreement, and (ii) shall use its best reasonable efforts to ameliorate the effects of any such failure or delay resume services under this Agreement as soon as reasonably practicable.

Appears in 3 contracts

Samples: Services Agreement (Permal Hedge Strategies Fund II), Services Agreement (Permal Hedge Strategies Portfolio), Services Agreement (Permal Hedge Strategies Fund)

Force Majeure. Neither the Custodian BNYM-AIS nor the Trust Fund shall be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, including acts of God ; acts of war or terrorism; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation utilities, computer (hardware or software) or telephone communication communications service; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of or BNYM-AIS, as the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement case may be, and (ii) shall use its their best efforts to ameliorate resume performance as soon as practicable under the effects of any such failure or delay circumstances.

Appears in 3 contracts

Samples: Administrative Services Agreement (BlackRock Hedge Fund Guided Portfolio Solution), Administrative Services Agreement (Lazard Multi-Strategy 1099 Fund), Administrative Services Agreement (BlackRock Preferred Partners LLC)

Force Majeure. Neither the Custodian USBFS nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian USBFS (i) shall not discriminate against the Fund Trust in favor of any other customer of the Custodian USBFS in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Fund Administration Servicing Agreement (Steben Alternative Investment Funds), Fund Accounting Servicing Agreement (Steben Alternative Investment Funds), Transfer Agent Servicing Agreement (Steben Alternative Investment Funds)

Force Majeure. Neither the Custodian USBFS nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian USBFS: (i) shall not discriminate against the a Fund in favor of any other customer of the Custodian USBFS in making computer time and personnel available to input or process the transactions contemplated by this Agreement , ; and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Fund Accounting Servicing Agreement (Stone Ridge Trust), Transfer Agent Servicing Agreement (Stone Ridge Trust), Transfer Agent Servicing Agreement (Stone Ridge Trust)

Force Majeure. Neither the Custodian nor the Trust party to this Agreement shall be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; sabotage; acts of terrorism ; sabotage; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions or utilities; computer (hardware or software) or communications services (provided that the Auction Agent has not been grossly negligent with respect to selection, operation or maintenance of utility, transportation such utilities, computer (hardware or software) or telephone communication communications service ); accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the parties shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, banking industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 3 contracts

Samples: RMR Real Estate Fund, RMR Hospitality & Real Estate Fund, RMR Hospitality & Real Estate Fund

Force Majeure. Neither the Custodian Bank nor the Trust Company shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian Bank (i) shall not discriminate against the Fund Company in favor of any other customer of the Custodian Bank in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Servicing Agreement (City National Rochdale Structured Claims Fixed Income Fund LLC), Servicing Agreement (Rochdale Structured Claims Fixed Income Fund LLC), Servicing Agreement (Rochdale High Yield Advances Fund LLC)

Force Majeure. Neither the Custodian nor the Trust Company shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund Company in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Custody Agreement (Poliwogg Regenerative Medicine Fund, Inc.), Custody Agreement (Jensen Quality Growth Fund Inc), Tortoise North American Energy Corp

Force Majeure. Neither the Custodian nor the Trust Company shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions ; or inability to obtain labor, material, equipment or transportation ;; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Amended and Restated Custody Agreement (Nicholas Money Market Fund Inc), Amended and Restated Custody Agreement (Nicholas High Income Fund Inc), Amended and Restated Custody Agreement (Nicholas LTD Edition Inc)

Force Majeure. Neither the Custodian nor the Trust Corporation shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Custody Agreement (Primary Income Funds Inc), Custody Agreement (Primary Trend Fund Inc), Ohio National Fund Inc

Force Majeure. Neither the Custodian nor the Trust Corporation shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian, in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Custody Agreement (Fleming Capital Mutual Fund Group Inc), Custody Agreement (Fleming Capital Mutual Fund Group Inc), Millennium Rhim Funds Inc

Force Majeure. Neither the Custodian nor the Trust Fund shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement Custodian, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Custody Agreement (DoubleLine Income Solutions Fund), Custody Agreement (Cohen & Steers MLP & Energy Opportunity Fund, Inc.), Custody Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.)

Force Majeure. Neither the Custodian nor the Trust Portfolio shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund Portfolios in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Flex Funds, Growth Mutual Fund Portfolio, Aggressive Growth Mutual Fund Portfolio

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the any Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Alpine Income Trust, Cadre Institutional Investors Trust, Fort Pitt Capital Funds

Force Majeure. Neither the Custodian nor the Trust Trusts shall be liable for any failure or delay in performance of its their obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Custody Agreement (Hatteras Alternative Mutual Funds Trust), Custody Agreement (Underlying Funds Trust), Custody Agreement (Hatteras Alternative Mutual Funds Trust)

Force Majeure. Neither the Custodian Custodian, the Company nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the a Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Custody Agreement (Kinetics Mutual Funds Inc), Custody Agreement (Kinetics Portfolios Trust), Custody Agreement (Kinetics Mutual Funds Inc)

Force Majeure. Neither the Custodian nor the Trust The Escrow Agent shall not be responsible or liable for any failure or delay in the performance of its obligations obligation under this Escrow Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires fire; floods flood; wars ; acts of terrorism; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics epidemic; riots; power failures interruptions; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction malfunctions of utility, transportation utilities including but not limited to, computer (hardware or software ) ), payment systems, or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority authority or governmental action; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the Escrow Agent shall use commercially reasonable efforts which are consistent with accepted practices in the event of a failure or delay, banking industry to resume performance as soon as reasonably practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 3 contracts

Samples: Escrow Agreement (TD Holdings, Inc.), Escrow Agreement (Worthy Financial, Inc), Escrow Agreement (Nii Holdings Inc)

Force Majeure. Neither The Local Manager shall not be responsible or liable to VKAM or the Custodian nor the Trust shall be liable Funds for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation, utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the Local Manager shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, investment management industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 3 contracts

Samples: Advisory Agreement (Van Kampen Retirement Strategy Trust), Advisory Agreement (Van Kampen Series Fund, Inc.), Advisory Agreement (Van Kampen Retirement Strategy Trust)

Force Majeure. Neither The Local Manager shall not be responsible or liable to the Custodian nor the Trust shall be liable Investment Adviser or a Portfolio for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; Annex-3 wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation, utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the Local Manager shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, investment management industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 3 contracts

Samples: Morgan Stanley Institutional Fund Inc, Morgan Stanley Institutional Fund Inc, Morgan Stanley Institutional Fund Inc

Force Majeure. 6 Neither the Custodian nor the Trust party to this Agreement shall be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures acts of terrorism; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction of utility, transportation, malfunctions or utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the parties shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, banking industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 2 contracts

Samples: Cohen & Steers Reit & Preferred Income Fund Inc, Cohen & Steers Advantage Income Realty Fund Inc

Force Majeure. Neither the Custodian nor the Trust Bank shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, including without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility utilities, transportation, computer (hardware or software) or telephone communication communications service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation ; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) . Bank shall use its best commercially reasonable efforts to ameliorate resume performance or procure alternative methods to perform its obligations hereunder as promptly as practicable under the effects of any such failure or delay circumstances.

Appears in 2 contracts

Samples: Securities Lending Authorization Agreement (Highland Funds I), Securities Lending Authorization Agreement (Highland Funds Ii)

Force Majeure. Neither the Custodian nor the Trust Escrow Agent shall not be responsible or liable for any failure or delay in the performance of its obligations obligation under this Escrow Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires fire; floods flood; wars ; acts of terrorism; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics epidemic; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation utilities, computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority authority or governmental action; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that Escrow Agent shall use commercially reasonable efforts which are consistent with accepted practices in the event of a failure or delay, banking industry to resume performance as soon as reasonably practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 2 contracts

Samples: Escrow Agreement (PFO Global, Inc.), Escrow Agreement (Drone Aviation Holding Corp.)

Force Majeure. Neither the Custodian USBFS nor the Trust Fund shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian USBFS (i) shall not discriminate against the Fund in favor of any other customer of the Custodian USBFS in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Fund Accounting Servicing Agreement (Steben Select Multi-Strategy Master Fund), Fund Administration Servicing Agreement (Steben Select Multi-Strategy Master Fund)

Force Majeure. Neither the Custodian nor the Trust party to this Agreement shall be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility, transportation, utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the parties shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, banking industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 2 contracts

Samples: Evergreen Income Advantage Fund, Evergreen Managed Income Fund

Force Majeure. Neither the Custodian nor the Trust party to this Agreement shall be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction of utility, transportation, malfunctions or utilities; computer (hardware or software) or telephone communication service communications services; accidents; labor disputes; acts of civil or military authority; authority or governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, it being understood that the parties shall use reasonable efforts which are consistent with accepted practices in the event of a failure or delay, banking industry to resume performance as soon as practicable under the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 2 contracts

Samples: Auction Agency Agreement (Calamos Global Dynamic Income Fund), Calamos Global Dynamic Income Fund

Force Majeure. Neither the Custodian Bank nor the Trust shall be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control control which are not a result of its negligence, including, including without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction malfunctions of utility, transportation, computer (hardware or software) or telephone communication service; accidents services; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, Bank has established and is maintaining the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time Disaster Recovery Plan and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay Back-Up System.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Franklin ETF Trust), Transfer Agency and Service Agreement (Franklin ETF Trust)

Force Majeure. Neither the Custodian nor the Trust any Fund shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund Funds in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Custody Agreement (PNMAC Mortgage Opportunity Fund LP), Custody Agreement (PNMAC Mortgage Opportunity Fund, LLC)

Force Majeure. Neither the Custodian nor any of the Trust Companies shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund Company in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Jundt Growth Fund Inc, American Eagle Funds Inc

Force Majeure. Neither the Custodian nor the Trust Company shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund Funds in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Global Custody Agreement (Prospector Funds, Inc.), Global Custody Agreement (Prospector Funds, Inc.)

Force Majeure. Neither the Custodian nor the Trust Company shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots ; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents ; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian, in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Custody Agreement (WorldCommodity Funds, Inc.), Custody Agreement (Conseco Stock Car Stocks Mutual Fund Inc)

Force Majeure. Neither the Custodian nor the Trust Corporation shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes ; , acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) delay shall use its best efforts to ameliorate the effects of any such failure or delay . Notwithstanding the foregoing, the Custodian shall maintain sufficient disaster recovery procedures to minimize interruptions.

Appears in 2 contracts

Samples: Custody Agreement (Henssler Funds Inc), Custody Agreement (Henssler Funds Inc)

Force Majeure. Neither the Custodian nor the Trust Corporation shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the a Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Aha Investment Funds Inc, Aha Investment Funds Inc

Force Majeure. Neither the Custodian nor the Trust Fund shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer ( hardware, assuming such hardware was reasonably maintained or third party software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian Custodian: (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement , ; and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Custody Agreement (XAI Octagon Floating Rate & Alternative Income Term Trust), Custody Agreement (XAI Octagon Floating Rate & Alternative Income Term Trust)

Force Majeure. Neither the Custodian nor the Trust Fund shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund Series in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: First American Funds Inc, First American Investment Funds Inc

Force Majeure. Neither the Custodian nor the Trust Funds shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Custody Agreement (At Fund of Funds TEI), Custody Agreement (Rochdale Core Alternative Strategies Fund LLC)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions 18 contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Custody Agreement (Second Nature Series Trust), Custody Agreement (Collaborative Investment Series Trust)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement Custodian, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Custody Agreement (Aegis Funds), Amended and Restated Custody Agreement (Aegis Funds)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund Funds in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement Custodian, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Custody Agreement (DoubleLine Funds Trust), Amended and Restated Custody Agreement (DoubleLine Funds Trust)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian Custodian: (i) shall not discriminate against the a Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement , ; and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Custody Agreement (Stone Ridge Trust), Custody Agreement (Stone Ridge Trust)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any 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, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts disputes;acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Custody Agreement (Two Roads Shared Trust), Amended and Restated Custody Agreement (Williamsburg Investment Trust)