Common use of Third Party Data Clause in Contracts

Third Party Data. (a) Each Customer acknowledges that BNY Mellon will be receiving, utilizing and relying on Market Data and other data provided by the Customer and/or by third parties in connection with its performance of the services hereunder (collectively, “Third Party Data”). Subject to the Standard of Care, BNY Mellon is entitled to rely without inquiry on all Third Party Data provided to BNY Mellon hereunder (and all Instructions related to Third Party Data), and BNY Mellon makes no assurances or warranties in relation to the accuracy or completeness of Third Party Data and will not be responsible or liable for any losses or damages incurred as a result of any Third Party Data that is inaccurate or incomplete. BNY Mellon may, if in accordance with the Standard of Care, follow Instructions with respect to Third Party Data, even if such Instructions direct BNY Mellon to override its usual procedures and data sources or if BNY Mellon, in performing services for itself or others (including services similar to those performed for the Customer), receives different Third Party Data for the same or similar Securities.

Third Party Data. (a) Each Customer acknowledges that BNY Mellon will be receiving, utilizing and relying on Market Data and other data provided by the Customer and/or by third parties in connection with its performance of the services hereunder (collectively, “Third Party Data”). Subject to the Standard of Care, BNY Mellon is entitled to rely without inquiry on all Third Party Data provided to BNY Mellon hereunder (and all Instructions related to Third Party Data), and BNY Mellon makes no assurances or warranties in relation to the accuracy or completeness of Third Party Data and will not be responsible or liable for any losses or damages incurred as a result of any Third Party Data that is inaccurate or incomplete, except to the extent such Third Party Data is inaccurate or incomplete due to the fraud a third party acting as agent of BNY Mellon with respect to an obligation under this Agreement. BNY Mellon may, if in accordance with the Standard of Care, may follow Instructions with respect to Third Party Data, even if such Instructions direct BNY Mellon to override its usual procedures and data sources or if BNY Mellon, in performing services for itself or others (including services similar to those performed for the Customer), receives different Third Party Data for the same or similar Securities or Possessed Securities.