Common use of Additional Indemnification; Limitation of Liability Clause in Contracts

Additional Indemnification; Limitation of Liability. A. Subject to Xxxxxxx 0, XXXXXX CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF THE ELECTRONIC SERVICES. Accordingly, USBGFS’s sole liability to a Fund, the Company, or any third party (including End Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in the Electronic Services to be provided by USBGFS hereunder shall be to use its best reasonable efforts to commence or resume the Electronic Services as promptly as is reasonably possible.

Appears in 8 contracts

Samples: Transfer Agent Servicing Agreement (State Street Institutional Funds), Transfer Agent Servicing Agreement (State Street Variable Insurance Series Funds Inc), Transfer Agent Servicing Agreement (Elfun Diversified Fund)

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Additional Indemnification; Limitation of Liability. A. Subject to Xxxxxxx 0Section 2, XXXXXX USBGFS CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF THE ELECTRONIC SERVICES. Accordingly, USBGFS’s sole liability to a Fund, the CompanyFund, or any third party (including End Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in the Electronic Services to be provided by USBGFS hereunder shall be to use its best reasonable efforts to commence or resume the Electronic Services as promptly as is reasonably possible.

Appears in 6 contracts

Samples: Agent Servicing Agreement (PFM Multi-Manager Series Trust), Transfer Agent Servicing Agreement (Mason Capital Fund Trust), Transfer Agent Servicing Agreement (Mason Capital Fund Trust)

Additional Indemnification; Limitation of Liability. A. Subject to Xxxxxxx Sxxxxxx 0, XXXXXX CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF THE ELECTRONIC SERVICES. Accordingly, USBGFS’s sole liability to a Fund, the CompanyFund, or any third party (including End Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in the Electronic Services to be provided by USBGFS hereunder shall be to use its best reasonable efforts to commence or resume the Electronic Services as promptly as is reasonably possible.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (Volatility Shares Trust), Transfer Agent Servicing Agreement (Tidal ETF Trust II)

Additional Indemnification; Limitation of Liability. A. Subject to Xxxxxxx 0, XXXXXX CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF THE ELECTRONIC SERVICES. Accordingly, USBGFS’s sole liability to a Fund, the CompanyFund, or any third party (including End Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in the Electronic Services to be provided by USBGFS hereunder shall be to use its best reasonable efforts to commence or resume the Electronic Services as promptly as is reasonably possible.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Sprott Funds Trust)

Additional Indemnification; Limitation of Liability. A. a. Subject to Xxxxxxx 0, XXXXXX CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF THE ELECTRONIC SERVICES. Accordingly, USBGFS’s sole liability to a Fund, the CompanyFund, or any third party (including End Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in the Electronic Services to be provided by USBGFS hereunder shall be to use its best reasonable efforts to commence or resume the Electronic Services as promptly as is reasonably possible.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Intrepid Capital Management Funds Trust)

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Additional Indemnification; Limitation of Liability. A. Subject to Xxxxxxx 0Section 2, XXXXXX USBGFS CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF THE ELECTRONIC SERVICES. Accordingly, USBGFS’s sole liability to a Fund, the CompanyTrust, or any third party (including End Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in the Electronic Services to be provided by USBGFS hereunder shall be to use its best commercially reasonable efforts to commence or resume the Electronic Services as promptly as is reasonably possible.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Aristotle Funds Series Trust)

Additional Indemnification; Limitation of Liability. A. Subject to Xxxxxxx 0, XXXXXX CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF THE ELECTRONIC SERVICES. Accordingly, USBGFS’s ’ 23 sole liability to a Fund, the Company, or any third party (including End Users) for any claims, notwithstanding the form of such claims (e.g., contract, negligence, or otherwise), arising out of the delay of or interruption in the Electronic Services to be provided by USBGFS hereunder shall be to use its best reasonable efforts to commence or resume the Electronic Services as promptly as is reasonably possible.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Jensen Quality Growth Fund Inc)

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