Standard of Care; Limitation of Liability; Indemnification. (a) ALPS shall be obligated to act in good faith and to exercise commercially reasonable care and diligence in the performance of its duties under this Agreement.
Appears in 367 contracts
Samples: Transfer Agency (Cook & Bynum Funds Trust), Transfer Agency (Heartland Group Inc), Transfer Agency (Financial Investors Trust)
Standard of Care; Limitation of Liability; Indemnification. (a) ALPS shall be obligated to act in good faith and to exercise commercially reasonable care and diligence in the performance of its duties under this Agreement, including with regard to the processing of investments checks using mutually agreed upon procedures. The parties agree that any encoding or payment processing errors shall be governed by this standard of care and Section 4-209 of the Uniform Commercial Code is superseded by this Section 4 of this Agreement.
Appears in 64 contracts
Samples: Alps Series Trust (ALPS Series Trust), Transfer Agency and Services Agreement (ALPS Series Trust), Transfer Agency and Services Agreement (Cortina Funds, Inc.)
Standard of Care; Limitation of Liability; Indemnification. (a) ALPS shall be obligated to act in good faith and to exercise commercially reasonable care and diligence in the performance of its duties under this Agreement.
Appears in 10 contracts
Samples: Pricing Services Agreement (Blackstone / GSO Long-Short Credit Income Fund), Pricing Services Agreement (Blackstone / GSO Floating Rate Enhanced Income Fund), Pricing Services Agreement (Blackstone / GSO Strategic Credit Fund)
Standard of Care; Limitation of Liability; Indemnification. (a) ALPS shall be obligated to act in good faith and to exercise commercially reasonable care and diligence in the performance of its duties duties, obligations and responsibilities under this Agreement.
Appears in 7 contracts
Samples: Distribution Agreement (NorthStar Real Estate Capital Income Fund), Form of Distribution Agreement (NorthStar Real Estate Capital Income Fund-T), Distribution Agreement (CC Real Estate Income Fund-T2)
Standard of Care; Limitation of Liability; Indemnification. (a) ALPS shall be obligated to act in good faith and to exercise commercially reasonable care and diligence in the performance of its duties under this Agreement, including with regard to the processing of investment checks using mutually agreed upon procedures. The parties agree that any encoding or payment processing errors shall be governed by this standard of care and Section 4-209 of the Uniform Commercial Code is superseded by this Section 4 of this Agreement.
Appears in 5 contracts
Samples: Transfer Agency and Services Agreement (Whitebox Mutual Funds), Transfer Agency and Services Agreement (Whitebox Mutual Funds), Transfer Agency and Services Agreement (Whitebox Mutual Funds)
Standard of Care; Limitation of Liability; Indemnification. (a) ALPS shall be obligated to act in good faith and to exercise commercially reasonable care and diligence use its best efforts in the performance of its duties under this Agreement.
Appears in 4 contracts
Samples: Distribution Agreement (BPV Family of Funds), Distribution Agreement (BPV Family of Funds), Administration, Bookkeeping And (BPV Family of Funds)
Standard of Care; Limitation of Liability; Indemnification. (a) ALPS shall be obligated to act in good faith and faith, to exercise commercially reasonable care and diligence diligence, and to use its best efforts, within reasonable limits in the performance of its duties under this Agreement.
Appears in 3 contracts
Samples: Transfer Agency (Financial Investors Trust), Pricing Services Agreement (Financial Investors Trust), Distribution Agreement (Financial Investors Trust)
Standard of Care; Limitation of Liability; Indemnification. (a) ALPS shall be obligated to act in good faith and to exercise commercially reasonable care and diligence in the performance of its duties under this Agreement, including with regard to the processing of investments checks using mutually agreed upon procedures. The parties agree that any encoding or payment processing errors shall be governed by this standard of care and that Section 4-209 of the Uniform Commercial Code is superseded by this Section 4 of this Agreement.
Appears in 2 contracts
Samples: Transfer Agency and Services Agreement (Salient MF Trust), Transfer Agency and Services Agreement (Forward Funds)
Standard of Care; Limitation of Liability; Indemnification. (a) ALPS shall be obligated to act in good faith and to exercise commercially reasonable care and diligence in the performance of its duties under this Agreement.
Appears in 2 contracts
Samples: Sub Administration Agreement (Isi Strategy Fund Inc), Sub Administration Agreement (North American Government Bond Fund Inc)
Standard of Care; Limitation of Liability; Indemnification. (a) ALPS shall be obligated to act in good faith and to exercise commercially reasonable care and diligence in the performance of its duties under this Agreement.
Appears in 2 contracts
Samples: Uscf Etf Trust (USCF ETF Trust), Distribution Agreement (USCF ETF Trust)
Standard of Care; Limitation of Liability; Indemnification. (a) ALPS shall be obligated to act in good faith and to exercise commercially prudence, caution, loyalty and reasonable care and diligence in the performance of its duties under this AgreementAgreement similar to that of a reasonable agent acting in a similar capacity.
Appears in 1 contract
Samples: Sub (Icon Funds)
Standard of Care; Limitation of Liability; Indemnification. (a) ALPS shall be obligated to act in good faith and to exercise commercially reasonable the care and diligence in the performance of its duties under this AgreementAgreement that a prudent professional would under the same or substantially similar circumstances.
Appears in 1 contract
Samples: Transfer Agency (AQR Funds)
Standard of Care; Limitation of Liability; Indemnification. (a) ALPS shall be obligated to act in good faith and to exercise commercially reasonable the care and diligence expertise of a leading provider of distribution services in the performance of its duties under this Agreementhereunder.
Appears in 1 contract
Standard of Care; Limitation of Liability; Indemnification. (a) ALPS shall be obligated to act in good faith and to exercise commercially reasonable care and diligence in the performance of its duties under this Agreement, and to use its best efforts, within reasonable limits, in performing the services provided under this Agreement.
Appears in 1 contract
