Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, negligence or reckless disregard of such duties.
Appears in 33 contracts
Samples: Transfer Agency and Related Services Agreement (Sma Relationship Trust), Transfer Agency and Related Services Agreement (Painewebber Investment Trust Ii), Transfer Agency and Related Services Agreement (Painewebber Managed Municipal Trust /Ny/)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action hereunder on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, negligence or reckless disregard of such duties.
Appears in 29 contracts
Samples: Agency Services Agreement (MGI Funds), Administration and Accounting Services Agreement (First Trust/Four Corners Senior Floating Rate Income Fund), Transfer Agency Services Agreement (First Trust Four Corners Senior Floating Rate Income Fund Ii)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its best efforts efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 18 contracts
Samples: Administration and Accounting Services Agreement (Wt Mutual Fund), Administration and Accounting Services Agreement (Wt Investment Trust I), Administration and Accounting Services Agreement (American Skandia Advisor Funds Inc)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action hereunder on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise customary care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, negligence or reckless disregard of such duties.
Appears in 17 contracts
Samples: Transfer Agency Services Agreement (Nicholas Applegate Convertible & Income Fund), Transfer Agency Services Agreement (Pimco California Municipal Income Fund), Transfer Agency Services Agreement (Pimco California Municipal Income Fund Ii)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 16 contracts
Samples: Transfer Agency Services Agreement (E Trade Funds), Administration and Accounting Services Agreement (RBB Fund Inc), Administration and Accounting Services Agreement (RBB Fund Inc)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 5 contracts
Samples: Transfer Agency Services Agreement (Citizens Funds), Transfer Agency Services Agreement (Kelmoore Strategy Variable Trust), Transfer Agency Services Agreement (Citizens Funds)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund or the Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 3 contracts
Samples: Administration and Accounting Services Agreement (RBB Fund Inc), Administration and Accounting Services Agreement (RBB Fund Inc), Administration and Accounting Services Agreement (RBB Fund Inc)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund Trust except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, negligence or reckless disregard of such duties.
Appears in 3 contracts
Samples: Agency and Related Services Agreement (Mitchell Hutchins Securities Trust), Form of Transfer Agency Agreement (Mitchell Hutchins Portfolios), Agency and Related Services Agreement (Mitchell Hutchins Securities Trust)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 3 contracts
Samples: Administration and Accounting Services Agreement (Kelmoore Strategy Variable Trust), Administration and Accounting Services Agreement (Kelmoore Strategy Variable Trust), Administration and Accounting Services Agreement (Harvest Funds //)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its it best efforts efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 2 contracts
Samples: Transfer Agency Services Agreement (Pax World High Yield Fund Inc), Transfer Agency Services Agreement (Pax World Growth Fund Inc)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of E*TRADE, the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's ’s failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's ’s willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 1 contract
Samples: State Securities Services Agreement (E Trade Funds)
Responsibility of PFPC. (a) PFPC shall be under no duty hereunder to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. Subject to the terms of this Section 12, PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement only to the extent such damages arise out of PFPC's willful misfeasance’s intentional misconduct, bad faith, gross negligence or reckless disregard of such dutiesduties (“Standard of Care”).
Appears in 1 contract
Samples: Administration, Accounting and Investor Services Agreement (UBS Enso Fund)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its best efforts efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's ’s failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's ’s willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 1 contract
Samples: Transfer Agency Services Agreement (Eii Realty Securities Trust)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its best commercially reasonable efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 1 contract
Samples: Administration and Accounting Services Agreement (Wt Mutual Fund)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action hereunder on behalf of the Fund Trust except as specifically set forth herein or as may be specifically agreed to by PFPC and the Trust in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform performance of its duties under this Agreement to the extent such damages arise out of PFPC's negligence, willful misfeasance, bad faith, negligence misfeasance or reckless disregard of such dutiesfraud.
Appears in 1 contract
Samples: Transfer Agency Services Agreement (Afl Cio Housing Investment Trust)