Common use of License of Data; Warranty; Termination of Rights Clause in Contracts

License of Data; Warranty; Termination of Rights. A. Fund Services has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor’s Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligate Fund Services to include a list of required provisions in this Agreement attached hereto as Appendix C. The index data services being provided to the Fund by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Fund. The provisions in Appendix C shall not have any effect upon the standard of care and liability Fund Services has set forth in Section 7 of this Agreement.

Appears in 15 contracts

Samples: Fund Servicing Agreement (Advisor Managed Portfolios), Fund Servicing Agreement (Advisor Managed Portfolios), Fund Servicing Agreement (Advisor Managed Portfolios)

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License of Data; Warranty; Termination of Rights. A. Fund Services has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor’s Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Systems, Inc. (“FACTSET”) which obligate obligates Fund Services to include a list of required provisions in this Agreement attached hereto as Appendix C. Exhibit B. The index data services being provided to the Fund Trust by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the FundTrust. The provisions in Appendix C Exhibit B shall not have any effect upon the standard of care and liability Fund Services has set forth in Section 7 6 of this Agreement.

Appears in 7 contracts

Samples: Fund Administration Servicing Agreement (Procure ETF Trust I), Fund Administration Servicing Agreement (Pacific Global ETF Trust), Fund Administration Servicing Agreement (Active Weighting Funds ETF Trust)

License of Data; Warranty; Termination of Rights. A. Fund Services has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor’s Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Systems, Inc. (“FACTSET”) which obligate and obligates Fund Services to include a list of required provisions in this Agreement attached hereto as Appendix C. Exhibit B. The index data services being provided to the Fund Trust by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the FundTrust. The provisions in Appendix C Exhibit B shall not have any effect affect upon the standard of care and liability Fund Services has set forth in Section 7 6 of this Agreement.

Appears in 6 contracts

Samples: Fund Administration Servicing Agreement (Innovator ETFs Trust), Fund Administration Servicing Agreement (TrimTabs ETF Trust), Fund Administration Servicing Agreement (Amplify ETF Trust)

License of Data; Warranty; Termination of Rights. A. Fund Services has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor’s Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Systems, Inc. (“FACTSET”) which obligate and obligates Fund Services to include a list of required provisions in this Agreement attached hereto as Appendix C. Exhibit B. The index data services being provided to the Fund Trust by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the FundTrust. The provisions in Appendix C Exhibit B shall not have any effect affect upon the standard of care and liability Fund Services has set forth in Section 7 of this Agreement.

Appears in 5 contracts

Samples: Fund Administration Servicing Agreement (ETF Managers Group Commodity Trust I), Fund Administration Servicing Agreement (Teucrium Commodity Trust), Fund Administration Servicing Agreement (ETF Managers Group Commodity Trust I)

License of Data; Warranty; Termination of Rights. A. Fund Services has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor’s Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligate obligates Fund Services to include a list of required provisions in this Agreement attached hereto as Appendix C. Exhibit B. The index data services being provided to the Fund Trust by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the FundTrust. The provisions in Appendix C Exhibit B shall not have any effect affect upon the standard of care and liability Fund Services has set forth in Section 7 6 of this Agreement.

Appears in 3 contracts

Samples: Fund Administration Servicing Agreement (Direxion Shares ETF Trust II), Fund Administration Servicing Agreement (Direxion Shares ETF Trust II), Fund Administration Servicing Agreement (FactorShares Trust)

License of Data; Warranty; Termination of Rights. A. Fund Services has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor’s Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligate obligates Fund Services to include a list of required provisions in this Agreement attached hereto as Appendix C. Exhibit B. The index data services being provided to the Fund Trust by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the FundTrust. The provisions in Appendix C Exhibit B shall not have any effect upon the standard of care and liability Fund Services has set forth in Section 7 6 of this Agreement.

Appears in 2 contracts

Samples: Power Funds Trust (Mairs & Power Funds Trust), Fund Administration Servicing Agreement (Innovator ETFs Trust II)

License of Data; Warranty; Termination of Rights. A. Fund Services has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor’s Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligate obligates Fund Services to include a list of required provisions in this Agreement attached hereto as Appendix C. Exhibit A. The index data services being provided to the Fund by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Fund. The provisions in Appendix C Exhibit A shall not have any effect upon the standard of care and liability Fund Services has set forth in Section 7 6 of this Agreement.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Apollo Senior Floating Rate Fund Inc.)

License of Data; Warranty; Termination of Rights. A. Fund Services has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor’s Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligate obligates Fund Services to include a list of required provisions in this Agreement attached hereto as Appendix C. Exhibit B. The index data services being provided to the Fund Trust on behalf of its Funds by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the FundTrust. The provisions in Appendix C Exhibit B shall not have any effect upon the standard of care and liability Fund Services has set forth in Section 7 6 of this Agreement.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (North Capital Funds Trust)

License of Data; Warranty; Termination of Rights. A. Fund Services has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor’s Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Systems, Inc. (“FACTSET”) which obligate obligates Fund Services to include a list of required provisions in this Agreement attached hereto as Appendix C. Exhibit A. The index data services being provided to the Fund Trust by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the FundTrust. The provisions in Appendix C Exhibit A shall not have any effect affect upon the standard of care and liability Fund Services has set forth in Section 7 6 of this Agreement.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Montage Managers Trust)

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License of Data; Warranty; Termination of Rights. A. Fund Services has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor’s Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Inc. (“FACTSET”) which obligate to restrict the external distribution of their data and obligates Fund Services to include a list of required provisions in this Agreement attached hereto as Appendix Exhibit C. The index data services being provided to the Fund Trust by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the FundTrust. The provisions in Appendix Exhibit C shall not have any effect affect upon the standard of care and liability Fund Services has set forth in Section 7 6 of this Agreement.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Absolute Shares Trust)

License of Data; Warranty; Termination of Rights. A. Fund Services has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor’s Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Systems, Inc. (“FACTSET”) which obligate obligates Fund Services to include a list of required provisions in this Agreement attached hereto as Appendix C. Exhibit B. The index data services being provided to the Fund Company by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the FundCompany. The provisions in Appendix C Exhibit B shall not have any effect upon the standard of care and liability Fund Services has set forth in Section 7 6 of this Agreement.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (RBB Fund, Inc.)

License of Data; Warranty; Termination of Rights. A. Fund Services has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor’s Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligate obligates Fund Services to include a list of required provisions in this Agreement attached hereto as Appendix C. B. The index data services being provided to the Fund by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Fund. The provisions in Appendix C B shall not have any effect upon the standard of care and liability Fund Services has set forth in Section 7 of this Agreement.

Appears in 1 contract

Samples: Fund Servicing Agreement (Roundhill ETF Trust)

License of Data; Warranty; Termination of Rights. A. Fund Services has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor’s Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligate obligates Fund Services to include a list of required provisions in this Agreement attached hereto as Appendix C. Exhibit B. The index data services being provided to the Fund by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Fund. The provisions in Appendix C Exhibit B shall not have any effect upon the standard of care and liability Fund Services has set forth in Section 7 6 of this Agreement.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Monetta Trust)

License of Data; Warranty; Termination of Rights. A. Fund Services has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor’s Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Inc. (“FACTSET”) which obligate obligates Fund Services to include a list of required provisions in this Agreement attached hereto as Appendix C. Exhibit B. The index data services being provided to the Fund by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Fund. The provisions in Appendix C Exhibit B shall not have any effect affect upon the standard of care and liability Fund Services has set forth in Section 7 6 of this Agreement.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Tortoise Essential Assets Income Term Fund)

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