Standards of Care for Internet Services. (a) Notwithstanding anything in the Agreement or this Exhibit B to the contrary (other than as set forth in the immediately succeeding sentence) with respect to the provision of services set forth in this Exhibit B (i) PFPC shall be liable only for its own willful misconduct, bad faith, gross negligence or reckless disregard in the provision of such services and (ii) the GE Fund Products shall indemnify, defend and hold harmless PFPC and its affiliates (including their respective officers, directors, agents and employees) from all taxes, charges, expenses, assessments, claims and liabilities (including, without limitation, attorneys’ fees and disbursements and liabilities arising under the Securities Laws and any state and foreign securities and blue sky laws) incurred by such indemnified parties with respect to such services except for those for which PFPC is liable under sub-clause (i) of this sentence. For clarity, the provisions of the immediately preceding sentence shall not limit Sections 13(b) or 13(c) of the Agreement or Section 7(c) of this Exhibit B. The provisions of this Section 4(a) shall survive termination of the Agreement and the provision of services set forth in this Exhibit B.
Standards of Care for Internet Services. (a) Notwithstanding anything in the Agreement or this Exhibit B to the contrary (other than as set forth in the immediately succeeding sentence) with respect to the provision of services set forth in this Exhibit B (i) PNC shall be liable only for its own willful misfeasance, bad faith, negligence or reckless disregard in the provision of such services and (ii) the Fund shall indemnify, defend and hold harmless PNC and its affiliates (including their respective officers, directors, agents and employees) from all taxes, charges, expenses, assessments, claims and liabilities (including, without limitation, attorneys’ fees and disbursements and liabilities arising under the Securities Laws and any state and foreign securities and blue sky laws) incurred by such indemnified parties with respect to such services except for those for which PNC is liable under sub-clause (i) of this sentence. For clarity, the provisions of the immediately preceding sentence shall not limit Sections 10 or 11 of the Agreement or Section 7(c) of this Exhibit B. The provisions of this Section 4(a) shall survive termination of the Agreement and the provision of services set forth in this Exhibit B.
Standards of Care for Internet Services. Notwithstanding anything to the contrary contained in the Agreement, although PFPC shall comply with the standard of care specified in the Agreement and above in providing IMPRESSNet.comR Services, PFPC shall not be obligated to ensure or verify the accuracy or the transmission of any Inquiry or Transaction request not actually received by PFPC due to circumstances beyond the control of PFPC. The Fund shall advise End-Users to promptly notify the Fund or PFPC of any errors or inaccuracies in End-User Data or information transmitted via IMPRESSNet.comR Services, so that PFPC may take steps to promptly correct such End-User Data or transmittal.
Standards of Care for Internet Services. Notwithstanding anything to the contrary contained in the Agreement or this Exhibit, although PFPC shall comply with the standard of care specified in the Agreement and above in providing IMPRESSNet(R) Services, PFPC shall not be obligated to ensure or verify the accuracy or actual receipt, or the transmission, of any data or information contained in any transmission via IMPRESSNet(R) Services or the consummation of any Inquiry or Transaction request not actually received by PFPC. The Fund shall advise End-Users to promptly notify the Fund or PFPC of any errors or inaccuracies in Shareholder data or information transmitted via IMPRESSNet(R)
Standards of Care for Internet Services. (a) Notwithstanding any other provision of the Agreement, including this Appendix: (i) without limiting any limitation of liability provisions with respect to PNC that may be provided for in the Agreement or otherwise, PNC shall be liable for Loss to the Fund relating to this Appendix only to the extent the same is caused by PNC’s own gross negligence, bad faith or intentional misconduct; and (ii) the Fund shall indemnify, defend and hold harmless PNC and its Affiliates (including their respective officers, trustees, directors, agents and employees) from any Losses and any attorneys’ fees, court costs, travel costs and other reasonable out-of-pocket costs and expenses related to the investigation, discovery, litigation, settlement, mediation or alternative dispute resolution of any Claim relating to this Appendix except to the extent the same is caused by the gross negligence, bad faith or intentional misconduct of PNC. The provisions of the immediately preceding sentence shall not limit Section 7(c) of this Appendix. The standard of care set forth in Section 4(a)(i) above shall be the applicable standard of care with respect to Section 12(b) of the Agreement with respect to all matters relating to the subject matter of this Appendix, and with respect to all matters relating to the subject matter of this Appendix such standard of care shall supersede and replace the standard of care set forth in Section 12(b) of the Agreement. The provisions of this Section 4(a) shall survive termination of the Agreement and the provision of services set forth in this Appendix.
Standards of Care for Internet Services. Notwithstanding anything to the contrary contained in the Agreement, although PFPC shall comply with the standard of care and other obligations specified in the Agreement and above in providing IMPRESSNet(R) Services, PFPC shall not be obligated to ensure or verify the accuracy or actual receipt, or the transmission, of any data or information contained in any transmission by an End User to PFPC in connection with IMPRESSNet(R) Services or the consummation of any Inquiry or Transaction request not actually received by PFPC. PFPC shall include on IMPRESSNet(R) a conspicuous disclaimer stating that the End User acknowledges and agrees that PFPC shall not be obligated to ensure or verify the accuracy or actual receipt, or the transmission, of any data or information contained in any transmission via, or by an End User to PFPC in connection with, IMPRESSNet(R) Services or the consummation of any Inquiry or Transaction request not actually received by PFPC. PFPC shall advise End-Users to promptly notify the Fund or PFPC of any errors or inaccuracies in Shareholder data or information transmitted via IMPRESSNet(R) Services.
Standards of Care for Internet Services. Notwithstanding anything to the contrary contained in the Agreement or this Amendment, although PFPC shall comply with the standard of care specified in the Agreement and above in providing IMPRXXXXxx.xxx(X) Services, PFPC shall not be obligated to ensure or verify the accuracy or actual receipt, or the transmission, of any data or information contained in any transmission via IMPRXXXXxx.xxx(X) Services or the consummation of any Inquiry request not actually received by PFPC. The Fund shall advise End-Users to promptly notify the Fund or PFPC of any errors or inaccuracies in Shareholder data or information transmitted via IMPRXXXXxx.xxx(X) Services.
Standards of Care for Internet Services. Notwithstanding anything to the contrary contained in the Agreement, although PFPC shall comply with the standard of care specified in the Agreement and above in providing IMPRESSNet.com-Registered Trademark- Services, PFPC shall not be obligated to ensure or verify the accuracy or actual receipt, or the transmission, of any data or information contained in any transmission via IMPRESSNet.com-Registered Trademark- Services or the consummation of any Inquiry or Transaction request not actually received by PFPC. The Fund shall advise End-Users to promptly notify the Fund or PFPC of any errors or inaccuracies in Shareholder data or information transmitted via IMPRESSNet.com-Registered Trademark- Services.
Standards of Care for Internet Services. (a) Notwithstanding any other provision of the Agreement, including this Appendix: (i) in addition to all limitation of liability provisions that may be provided for in the Agreement, PNC shall be liable only for Loss to the Fund caused solely by a breach of a provision of this Appendix constituting gross negligence, recklessness or intentional misconduct; and (ii) the Fund shall indemnify, defend and hold harmless PNC and its affiliates (including their respective officers, directors, agents and employees) from all Loss and all attorneys’ fees and disbursements and liabilities arising under the Securities Laws and any state and foreign securities and blue sky laws incurred by such indemnified parties with respect to the Services except for Loss caused solely by the gross negligence, recklessness or intentional misconduct of the indemnified party. The provisions of the immediately preceding sentence shall not limit Section 7(c) of this Appendix. The provisions of this Section 4(a) shall survive termination of the Agreement and the provision of services set forth in this Appendix.
Standards of Care for Internet Services. Notwithstanding anything to the contrary contained in the Agreement or this Exhibit B:
