Common use of Severability; No Third Party Beneficiaries Clause in Contracts

Severability; No Third Party Beneficiaries. In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations shall not in any way be affected or impaired thereby, and if any provision is inapplicable to any person or circumstances, it shall nevertheless remain applicable to all other persons and circumstances. A person who is not a party to this Agreement shall have no rights to enforce any provision of this Agreement. BNY Mellon shall not be responsible for any costs or fees charged to the Trust or an affiliate of the Trust by consultants, counsel, auditors, public accountants or other service providers retained by the Trust or any such affiliate.

Appears in 23 contracts

Samples: Fund Administration and Accounting Agreement (PowerShares Exchange-Traded Fund Trust II), Fund Administration and Accounting Agreement (Powershares Exchange Traded Fund Trust), Fund Administration and Accounting Agreement (Powershares Actively Managed Exchange-Traded Fund Trust)

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Severability; No Third Party Beneficiaries. In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations shall not in any way be affected or impaired thereby, and if any provision is inapplicable to any person or circumstances, it shall nevertheless remain applicable to all other persons and circumstances. A person who is not a party to this Agreement shall have no rights to enforce any provision of this Agreement. BNY Mellon shall not be responsible for any costs or fees charged to the Trust Fund or an affiliate of the Trust Fund by consultants, counsel, auditors, public accountants or other service providers retained by the Trust Fund or any such affiliate.

Appears in 12 contracts

Samples: Electronic Access Services Agreement (Flaherty & Crumrine Dynamic Preferred & Income Fund Inc), Fund Administration and Accounting Agreement (Motley Fool Funds Trust), Fund Administration and Accounting Agreement (Versus Capital Real Assets Fund LLC)

Severability; No Third Party Beneficiaries. In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations shall not in any way be affected or impaired thereby, and if any provision is inapplicable to any person or circumstances, it shall nevertheless remain applicable to all other persons and circumstances. A person who is not a party to this Agreement shall have no rights to enforce any provision of this Agreement. BNY Mellon shall is not be responsible for any costs or fees charged to the Administrator, a Trust or an affiliate of the a Trust by consultants, counsel, auditors, public accountants or other service providers retained by the Administrator, the Trust or any such affiliate.

Appears in 3 contracts

Samples: Sub Administration and Accounting Agreement (Touchstone Funds Group Trust), Sub Administration and Accounting Agreement (Touchstone Strategic Trust), Sub Administration and Accounting Agreement (Touchstone Variable Series Trust)

Severability; No Third Party Beneficiaries. In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations shall not in any way be affected or impaired thereby, and if any provision is inapplicable to any person or circumstances, it shall nevertheless remain applicable to all other persons and circumstances. A person who is not a party to this Agreement shall have no rights to enforce any provision of this Agreement. BNY Mellon shall not be responsible for any costs or fees charged to the Trust Administrator, the Fund or an affiliate of the Trust Fund by consultants, counsel, auditors, public accountants or other service providers retained by the Trust Administrator, the Fund or any such affiliate.

Appears in 1 contract

Samples: Sub Administration and Accounting Agreement (KKR US Direct Lending Fund-U)

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Severability; No Third Party Beneficiaries. In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations shall not in any way be affected or impaired thereby, and if any provision is inapplicable to any person or circumstances, it shall nevertheless remain applicable to all other persons and circumstances. A person who is not a party to this Agreement shall have no rights to enforce any provision of this Agreement. BNY Mellon shall not be responsible for any costs or fees charged to the a Trust or an affiliate of the a Trust by consultants, counsel, auditors, public accountants or other service providers retained by the a Trust or any such affiliate.

Appears in 1 contract

Samples: Fund Administration and Accounting Agreement (Invesco Exchange-Traded Fund Trust)

Severability; No Third Party Beneficiaries. In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations shall not in any way be affected or impaired thereby, and if any provision is inapplicable to any person or circumstances, it shall nevertheless remain applicable to all other persons and circumstances. A person who is not a party to this Agreement shall have no rights to enforce any provision of this Agreement. BNY Mellon shall not be responsible for any costs or fees charged to the Trust Company or an affiliate of the Trust Company by consultants, counsel, auditors, public accountants or other service providers retained by the Trust Company or any such affiliate.

Appears in 1 contract

Samples: Fund Administration and Accounting Agreement (Matthews a Share Selections Fund, LLC)

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