Common use of Force Majeure Clause in Contracts

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 295 contracts

Samples: Transfer Agency and Service Agreement (Russell Investment Funds), Transfer Agency and Service Agreement (Guardian Variable Products Trust), Transfer Agency and Service Agreement (Cohen & Steers Preferred Securities & Income Fund, Inc.)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages party resulting from such failure to perform or otherwise from such causes.

Appears in 99 contracts

Samples: Service Agreement (XTF Advisors Trust), Consulting Agreement (National Retail Fund II), Service Agreement (National Retail Fund II)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 80 contracts

Samples: Transfer Agency and Service Agreement (Commerce Funds), Transfer Agency and Service Agreement (Keeley Funds, Inc.), Transfer Agency and Service Agreement (Calvert World Values Fund Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that nothing in this Section 16.3 shall be deemed to relieve Transfer Agent of its obligations under Section 11.3.

Appears in 53 contracts

Samples: Transfer Agency and Service Agreement (Federated Hermes Municipal Securities Income Trust), Transfer Agency and Service Agreement (Federated Hermes Global Allocation Fund), Transfer Agency and Service Agreement (Federated Managed Pool Series)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 39 contracts

Samples: Warrant Agency Agreement (Medovex Corp.), Warrant Agreement (Red Mountain Resources, Inc.), Warrant Agency Agreement (Provectus Biopharmaceuticals, Inc.)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes causes to the extent that the party has (where relevant) complied with its own business continuity procedures.

Appears in 35 contracts

Samples: Transfer Agency and Service Agreement (Morgan Stanley Institutional Fund Inc), Transfer Agency and Service Agreement (Morgan Stanley Institutional Fund Inc), Transfer Agency and Service Agreement (Morgan Stanley Institutional Fund Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 33 contracts

Samples: Subscription Agent Agreement (Gabelli Utility Trust), Depositary Agreement (Nuveen Quality Income Municipal Fund Inc), Subscription Agent Agreement (Gabelli Multimedia Trust Inc.)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes causes provided that the Transfer Agent has implemented and maintains a business continuity plan that complies with applicable laws, rules and regulations.

Appears in 20 contracts

Samples: Transfer Agency and Service Agreement (Advisers Investment Trust), Transfer Agency and Service Agreement (Advisers Investment Trust), Transfer Agency and Service Agreement (Advisers Investment Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided that the parties shall take reasonable steps under the facts and circumstances then prevailing to mitigate damages arising out of such causes and events.

Appears in 20 contracts

Samples: Transfer Agency and Service Agreement (Credit Suisse Capital Funds), Transfer Agency and Service Agreement (Credit Suisse Short Duration Bond Fund), Transfer Agency and Service Agreement (Credit Suisse Strategic Small Cap Fund Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable liabile for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 19 contracts

Samples: Subscription Agent Agreement (Japan Smaller Capitalization Fund Inc), Subscription Agent Agreement (Morgan Stanley India Investment Fund, Inc.), Subscription Agent Agreement (H&q Life Sciences Investors)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that this provision shall not imply that CFS is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 18 contracts

Samples: Services Agreement (World Funds Trust), Services Agreement (World Funds Trust), Services Agreement (World Funds Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage that is reasonably beyond its control, or other causes cause that is reasonably beyond its control control (except, in the case of the Agent, for acts of subcontractors), such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 18 contracts

Samples: Subscription and Information Agent Agreement (Zoom Telephonics, Inc.), Subscription and Information Agent Agreement (SenesTech, Inc.), Subscription and Information Agent Agreement (Royal Bancshares of Pennsylvania Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that nothing in this Section 15.3 shall be deemed to relieve Transfer Agent of its obligations under Section 11.3.

Appears in 16 contracts

Samples: Transfer Agency and Service Agreement (Federated Core Trust III), Transfer Agency and Service Agreement (Federated Core Trust/Pa), Transfer Agency and Service Agreement (Federated Managed Pool Series)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 13 contracts

Samples: Subscription Agent Agreement (Dynatech Corp), Subscription Agent Agreement (Gabelli Convertible & Income Securities Fund Inc), Subscription Agent Agreement (Data Translation Inc /New/)

Force Majeure. In the event either a party is hereto unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the any other party for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 12 contracts

Samples: Distribution Agreement (SPDR S&p 500 Etf Trust), Distribution Agreement (BLDRS Index Funds Trust), Distribution Agreement (SPDR Dow Jones Industrial Average Etf Trust)

Force Majeure. In the event either any party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, control or other causes cause reasonably beyond its control, such party shall not be liable for damages to the any other for any damages party resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially its or their duties.

Appears in 12 contracts

Samples: Rights Agreement (Pennantpark Investment Corp), Form of Subscription Agent Agreement (Hercules Technology Growth Capital Inc), Rights Agreement (PennantPark Floating Rate Capital Ltd.)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 12 contracts

Samples: Support Service Agreement (Cornerstone Progressive Return Fund), Agency Agreement (Rivus Bond Fund), Support Service Agreement (India Fund Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that this provision shall not imply that the Transfer Agent is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 10 contracts

Samples: Transfer Agency and Service Agreement (Gateway Trust), Transfer Agency and Service Agreement (Hansberger International Series), Transfer Agency and Service Agreement (Harris Associates Investment Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 10 contracts

Samples: Warrant Agency Agreement (Clip Interactive, LLC), Warrant Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.), Warrant Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 8 contracts

Samples: Transfer Agency and Service Agreement (Phoenix Portfolios), Transfer Agency and Service Agreement (Phoenix Insight Funds Trust), Transfer Agency and Service Agreement (Phoenix Ca Tax-Exempt Bond Fund)

Force Majeure. In the event either party Party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party Party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 7 contracts

Samples: Transfer Agency and Service Agreement (Schwab Capital Trust), Transfer Agency and Service Agreement (Schwab Capital Trust), Transfer Agency and Service Agreement (Schwab Annuity Portfolios)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that this provision shall not imply that CFA is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 7 contracts

Samples: Accounting Services Agreement (World Funds Trust), Accounting Services Agreement (Dblaine Investment Trust), Accounting Services Agreement (Z Seven Fund Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that this provision shall not imply that CSS is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 6 contracts

Samples: Administrative Services Agreement (World Funds Trust), Administrative Services Agreement (Z Seven Fund Inc), Administrative Services Agreement (World Funds Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorism, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 6 contracts

Samples: Subscription Agent Agreement (Dividend & Income Fund, Inc.), Subscription Agent Agreement (Global Income Fund Inc), Subscription Agent Agreement (Royce Value Trust Inc)

Force Majeure. In the event that either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages party resulting from such failure to perform or otherwise from such causes.

Appears in 6 contracts

Samples: Service Agreement (Hillman Capital Management Investment Trust), Service Agreement (Starboard Investment Trust), Service Agreement (Dynamic Shares Trust)

Force Majeure. In the event either a party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 5 contracts

Samples: Electronic Trading Agreement (Separate Account I of Integrity Life Insurance Co), Electronic Trading Agreement (Separate Account I of National Integrity Life Ins Co), MEMBERS Horizon Variable Separate Account

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties; provided, that in no event shall this provision relieve the Company of its indemnification obligations hereunder.

Appears in 5 contracts

Samples: Warrant Agency Agreement (Vuzix Corp), Form of Warrant Agency Agreement (U.S. Rare Earths, Inc), Form of Warrant Agency Agreement (Polymedix, Inc)

Force Majeure. In the event either a party hereto is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the any other party for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 4 contracts

Samples: Distribution Agreement (Claymore Exchange-Traded Fund Trust), Distribution Agreement (Powershares QQQ Trust, Series 1), Agreement and Declaration of Trust (Market Vectors Trust)

Force Majeure. In the event either any party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the any other for any damages party resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 4 contracts

Samples: Form of Subscription Agent Agreement (Oxford Lane Capital Corp.), Form of Subscription Agent Agreement (Oxford Lane Capital Corp.), Form of Subscription Agent Agreement (Oxford Lane Capital Corp.)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, and such party has acted without negligence, bad faith or willful misconduct, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 4 contracts

Samples: Client Services Agreement (Financial Investors Trust), Distribution Agreement (Financial Investors Trust), Services Agreement (Financial Investors Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 4 contracts

Samples: Subscription Agent Agreement (Precision Optics Corporation Inc), Subscription Agent Agreement (JMG Exploration, Inc.), Constitutes the Entire Agreement (Blue Valley Ban Corp)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Unit Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Unit Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 4 contracts

Samples: Agency Agreement (Synergy Pharmaceuticals, Inc.), Agency Agreement (Synergy Pharmaceuticals, Inc.), Agency Agreement (TrovaGene Inc.)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably reasonable beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 3 contracts

Samples: Transfer Agency and Service Agreement (Pillar Funds), Transfer Agency and Service Agreement (Pillar Funds), Pillar Funds

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages Losses resulting from such failure to perform or otherwise from such causes , provided that the parties shall take reasonable steps under the facts and circumstances then prevailing to mitigate damages arising out of such causes.

Appears in 3 contracts

Samples: Transfer Agency and Service Agreement (Swiss Helvetia Fund, Inc.), Transfer Agency and Service Agreement (Prospect Street Income Shares Inc), Prospect Street High Income Portfolio Inc

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties; provided, that in no event shall this provision relieve the Company of its indemnification obligations hereunder.

Appears in 3 contracts

Samples: Warrant Agreement (Exco Resources Inc), Warrant Agreement (Exco Resources Inc), Warrant Agreement (Exco Resources Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable liabile for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 3 contracts

Samples: Subscription Agent Agreement (China Fund Inc), Form of Subscription Agent Agreement (Liberty All Star Equity Fund), Supplemental Agreement (MVC Capital, Inc.)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties. [

Appears in 3 contracts

Samples: Warrant Agency Agreement (Skyline Medical Inc.), Warrant Agency Agreement (Skyline Medical Inc.), Warrant Agency Agreement (Skyline Medical Inc.)

Force Majeure. In the event either party that a Fund or the Transfer Agent is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 3 contracts

Samples: Alger Funds, Alger Institutional Funds, Spectra Fund

Force Majeure. In the event either that any party or the Escrow Agent is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party the Escrow Agent shall not be liable for damages to the other parties for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the Escrow Agent is able to perform substantially.

Appears in 3 contracts

Samples: Escrow Agreement (ICON Leasing Fund Twelve, LLC), Escrow Agreement (Vion Pharmaceuticals Inc), Signature Page to Follow (North American Insurance Leaders, Inc.)

Force Majeure. In Except for payment obligations hereunder, in the event that either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Services Agreement (Gmo Trust), Parties to the Agreement (One Group Mutual Funds)

Force Majeure. In the event either a party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Wells Fargo Funds Trust, Wells Fargo Funds Trust

Force Majeure. In the event either party is reasonably unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages to the extent resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Sun Capital Advisers Trust), Sun Capital Advisers Trust

Force Majeure. In the event either party is unable to perform its ------------- obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 2 contracts

Samples: Constitutes the Entire Agreement (Pacholder High Yield Fund Inc), Constitutes the Entire Agreement (Pacholder Fund Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , act or war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Notwithstanding the foregoing, in the event such force majeure continues for more than a ninety (90) day period, either party shall have the right to terminate this Agreement upon written notice to the other party.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Wells Fargo Funds Trust), Transfer Agency and Service Agreement (Wells Fargo Variable Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes , provided, provided that the relevant party has taken reasonable steps, consistent with its business continuity or disaster recovery plan, to reduce or mitigate any damages.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Aberdeen Investment Funds), Transfer Agency and Service Agreement (Aberdeen Funds)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Notwithstanding the foregoing, each party agrees to make a good faith effort to perform its obligations hereunder.

Appears in 2 contracts

Samples: Lazard Retirement Series Inc, Lazard Funds Inc

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Notwithstanding the foregoing, in the event such force majeure continues for more than a ninety (90) day period, either party shall have the right to terminate this Agreement upon written notice to the other party.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Wells Fargo Funds Trust), Transfer Agency and Service Agreement (Wells Fargo Variable Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes , provided that such party shall have used commercially reasonable measures to prevent such failure or damage and shall use commercially reasonable efforts to recommence performance of such obligations as soon as possible.

Appears in 2 contracts

Samples: Entire Agreement (Legg Mason Cash Reserve Trust), Entire Agreement (Legg Mason Value Trust Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other unforeseeable causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes actions.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (American General Series Portfolio Co 2), Transfer Agency and Service Agreement (American General Series Portfolio Co 2)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages party resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Northern Lights Fund Trust), Investment Advisory Agreement (Northern Lights Fund Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control control and not the result of its negligence or malfeasance, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Schroder Global Series Trust, Schroder Global Series Trust

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable liabile for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 2 contracts

Samples: Subscription Agent Agreement (Liberty All Star Equity Fund), Form of Subscription Agent Agreement (Liberty All Star Growth Fund Inc /Md/)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes cause.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Wells Fargo Funds Trust), Transfer Agency and Service Agreement (Wells Fargo Variable Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . The Transfer Agent shall use its best efforts to minimize the likelihood of such damage resulting from the events described in the immediately preceding sentence and if such damage occurs, the Transfer Agent shall use its best efforts with in commercially reasonable standards to mitigate the effects of such events.

Appears in 2 contracts

Samples: CGM Capital Development Fund, CGM Trust

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Avenue Mutual Funds Trust), Transfer Agency and Service Agreement (Avenue Income Credit Strategies Fund)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Services Agreement (Saratoga Advantage Trust), Saratoga Advantage Trust

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages fordamages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 2 contracts

Samples: Subscription Agent Agreement (Gabelli Global Deal Fund), Subscription Agent Agreement (Gabelli Global Deal Fund)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 2 contracts

Samples: Warrant Agent Agreement (Cytori Therapeutics, Inc.), Warrant Agent Agreement (Cytori Therapeutics, Inc.)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . . Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.[Signature Page Follows]

Appears in 2 contracts

Samples: Warrant Agency Agreement (BioRestorative Therapies, Inc.), Warrant Agency Agreement (BioRestorative Therapies, Inc.)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or failure, damage that is reasonably beyond its control, terrorist acts, war, or civil unrest, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 2 contracts

Samples: Warrant Agency Agreement (Atossa Genetics Inc), Warrant Agency Agreement (Atossa Genetics Inc)

Force Majeure. In the event either that any party hereto is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party the Escrow Agent shall not be liable for damages to the other parties for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the Escrow Agent is able to perform substantially. * * * *

Appears in 2 contracts

Samples: Escrow Agreement (Cowen Group, Inc.), Escrow Agreement (Cowen Group, Inc.)

Force Majeure. In the event that either party is unable to perform its obligations under the terms of this Agreement (other than the obligation to pay amounts due and owing hereunder) because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Reseller Agreement, Services Agreement

Force Majeure. In the event either party that the Manager is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Nvest Companies Trust I), Agreement and Declaration of Trust (Nvest Companies Trust I)

Force Majeure. In Except for payment obligations hereunder, in the event that either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes . Notwithstanding the foregoing, this clause shall not excuse the parties from having reasonable disaster recovery programs in place.

Appears in 1 contract

Samples: Services Agreement (MetLife Investment Funds, Inc.)

Force Majeure. In Further to Sections 6(n) and 6(o), in the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that upon the occurrence of any such event, the parties shall use commercially reasonable best efforts to mitigate such damages and/or resume performance as soon as practicable under the circumstances.

Appears in 1 contract

Samples: Rydex Etf Trust

Force Majeure. In the event either a party is hereto unable to perform ------------- its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the any other party for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 1 contract

Samples: Diamonds Trust Series I

Force Majeure. In the event either a party is hereto unable to perform its obligations under the terms of this Agreement because of acts of of' God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party parry shall not be liable for damages to the any other party for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 1 contract

Samples: Distribution Agreement (Midcap SPDR Trust Series 1)

Force Majeure. In the event either a party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Carlyle Select Trust)

Force Majeure. In the event either any party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its reasonable control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other parties for any damages resulting from such failure to perform or otherwise from such causes . Notwithstanding the above, each party shall use its best efforts to ensure that, within forty-eight (48) hours of an event causing its performance to be materially affected, its material operations contemplated by this Agreement are transferred to its disaster recovery site.

Appears in 1 contract

Samples: Articles of Incorporation (Lindner Investments)

Force Majeure. In the event either any party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable liabile for damages to the any other for any damages party resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 1 contract

Samples: Subscription and Information Agent Agreement (Ares Capital Corp)

Force Majeure. In the event either any party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the any other for any damages party resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 1 contract

Samples: Form of Subscription Agent Agreement (TICC Capital Corp.)

Force Majeure. In the event either any party is unable to perform its obligations under the terms of this Agreement because of acts of God, war, acts of terrorism, civil unrest, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its such party’s control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes perform.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (MFS Government Markets Income Trust)

Force Majeure. In the event either party natty is unable to perform its obligations under the terms of this Agreement .Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 1 contract

Samples: Service Agreement (Advisors Series Trust)

Force Majeure. In the event either party is unable despite having established reasonable contingency arrangements to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided that the parties shall take reasonable steps under the facts and circumstances then prevailing to mitigate damages arising out of such causes and events.

Appears in 1 contract

Samples: American Skandia Advisor Funds Inc

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agency Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agency Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 1 contract

Samples: Warrant Agency Agreement (Provectus Biopharmaceuticals, Inc.)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement (other than the obligation to pay amounts due and owing hereunder) because of acts of God, strikes, equipment equipment, or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 1 contract

Samples: Notice

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, Appendix A - 18 equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that this provision shall not imply that the Transfer Agent is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 1 contract

Samples: IXIS Advisor Funds Trust II

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes , except to the extent that such inability of DST AMS to perform its obligations is directly attributable to a failure of DTS AMS to maintain or follow the business continuity plan as described in Section 10.5 herein.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Six Circles Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes , provided however, that this provision shall not imply that the Transfer Agent is excused from maintaining reasonable business continuity and disaster recovery plans to address potential service outages.

Appears in 1 contract

Samples: Neuberger Berman Advisers Management Trust

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . CFA shall use commercially reasonable best efforts to limit such damages. Notwithstanding the foregoing, this provision shall not imply that CFA is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 1 contract

Samples: Accounting Services Agreement (DGHM Investment Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . CFS shall use commercially reasonable best efforts to limit such damages. Notwithstanding the foregoing, this provision shall not imply that CFS is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 1 contract

Samples: Services Agreement (DGHM Investment Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . CSS shall use commercially reasonable best efforts to limit such damages. Notwithstanding the foregoing, this provision shall not imply that CSS is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 1 contract

Samples: Services Agreement (DGHM Investment Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided that such party has maintained and implemented reasonable disaster recovery plans.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Japan Fund Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that this provision shall not imply that FSI is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 1 contract

Samples: Services Agreement (Z Seven Fund Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that this provision shall not imply that Yorktown is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 1 contract

Samples: Administrative Services Agreement (American Pension Investors Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control , ,such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that this provision shall not imply that CFS is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 1 contract

Samples: Services Agreement (World Funds Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage that are not reasonably foreseeable to the non-performing party and reasonably beyond its control, or other causes that are not reasonably foreseeable to the non-performing party and reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, that, the non-performing party promptly notifies the other party of such force majeure circumstances and promptly undertakes all reasonable efforts necessary to cure such force.

Appears in 1 contract

Samples: Service Agreement (Blackstone Alternative Investment Funds)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes , pandemic, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that this provision shall not imply that CFS is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 1 contract

Samples: Fund Services Agreement (SFS Series Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war, strikes, or equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 1 contract

Samples: Form of Subscription Agent Agreement (High Yield Plus Fund Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, natural disaster, strikes, equipment or transmission failure or damage that is reasonably beyond its control, or other causes cause that is reasonably beyond its control control (except, in the case of the Agent, for acts of subcontractors), such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 1 contract

Samples: Subscription and Information Agent Agreement (High Income Securities Fund)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, including, but not limited to, transmission errors in transactions processed by Shareholders via on-line computer services, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Nvest Tax Exempt Money Market Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 1 contract

Samples: Servicing Agreement (Berger Investment Portfolio Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able or should be able under reasonable person standards to perform substantially that party's duties.

Appears in 1 contract

Samples: Service Agreement (Vel Ii Account of Allmerica Financial Life Ins & Ann Co)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its 21 control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (One Group)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control control (a “Force Majeure Event”), such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Ubs Relationship Funds)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control control and not the result of its negligence or malfeasance, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Schroder Capital Funds /Delaware/)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control control and not the result of its negligence or misfeasance, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Puget Sound Alternative Investment Series Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, and such party has acted without negligence, bad faith or willful misconduct, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. any

Appears in 1 contract

Samples: Forward Funds

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for 12 damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Countrybasket Index Fund Inc /Ny/)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Stockback Trust)