Common use of License of Data; Warranty; Termination of Rights Clause in Contracts

License of Data; Warranty; Termination of Rights. A. USBGFS has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS to the Fund. These Data Providers have required USBGFS to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit B. The Data is being licensed, not sold, to the Fund. The Fund acknowledges and agrees that certain Data Providers may also require the Fund to enter into an agreement directly with the Data Provider for the use of that Data Provider’s Data.

Appears in 3 contracts

Samples: Fund Administration Servicing Agreement (Finite Solar Finance Fund), Fund Administration Servicing Agreement (KKR Credit Opportunities Portfolio), Fund Administration Servicing Agreement (Zell Capital)

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License of Data; Warranty; Termination of Rights. A. USBGFS Fund Services has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS Fund Services to the Fund. These Data Providers have required USBGFS Fund Services to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit B. A. The Data is being licensed, not sold, to the Fund. The Fund acknowledges and agrees that certain Data Providers may also require the Fund to enter into an agreement directly with the Data Provider for the use of that Data Provider’s Data.

Appears in 2 contracts

Samples: Fund Administration Servicing Agreement (Denali Structured Return Strategy Fund), Fund Administration Servicing Agreement (Niagara Income Opportunities Fund)

License of Data; Warranty; Termination of Rights. A. USBGFS has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS to the Fund. These Data Providers have required USBGFS to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit B. A. The Data is being licensed, not sold, to the FundAdministrator. The Fund Administrator acknowledges and agrees that certain Data Providers may also require the Fund Administrator to enter into an agreement directly with the Data Provider for the use of that Data Provider’s Data.

Appears in 1 contract

Samples: Sub Administration Servicing Agreement (Destiny Tech100 Inc.)

License of Data; Warranty; Termination of Rights. A. USBGFS has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS to the Fund. These Data Providers have required USBGFS to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit B. The Data is being licensed, not sold, to the Fund. The Fund acknowledges provisions in Exhibit B shall not have any effect upon the standard of care and agrees that certain Data Providers may also require the Fund to enter into an agreement directly with the Data Provider for the use liability USBGFS has set forth in Section 6 of that Data Provider’s Datathis Agreement.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Chestnut Street Exchange Fund)

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License of Data; Warranty; Termination of Rights. A. USBGFS has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS to the Fund. These Data Providers have required USBGFS to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit B. A. The Data is being licensed, not sold, to the Fund. The Fund acknowledges and agrees that certain Data Providers may also require the Fund to enter into an agreement directly with the Data Provider for the use of that Data Provider’s Data.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Franklin BSP Private Credit Fund)

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