Common use of Right to Modify Clause in Contracts

Right to Modify. BNYM may alter, modify or change the Licensed System or any component, code, language, format, design, architecture or element of the Licensed System and present such alterations, modifications and changes to Company as Updates or Upgrades; provided, however, at no time shall this section be interpreted in such a manner as to allow BNYM by such alterations, modifications or changes to fail to comply with any term of this Schedule D.

Appears in 19 contracts

Samples: Transfer Agency and Shareholder Services Agreement (Touchstone Tax Free Trust), Transfer Agency and Shareholder Services Agreement (Stratton Funds, Inc.), Transfer Agency and Shareholder Services Agreement (Touchstone Variable Series Trust)

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Right to Modify. BNYM may alter, modify or change the Licensed System or any component, code, language, format, design, architecture or element of the Licensed System and present such alterations, modifications and changes to Company as Updates or Upgrades; provided, however, at no time shall this section be interpreted in such a manner as to allow BNYM by such alterations, modifications or changes to fail to comply with any term of this Schedule D.C.

Appears in 10 contracts

Samples: Agency and Shareholder Services Agreement, Transfer Agency and Shareholder Services Agreement (Sit Mutual Funds Inc), Transfer Agency and Shareholder Services Agreement (Sit Mutual Funds Ii Inc)

Right to Modify. BNYM may alter, modify or change the Licensed System or any component, code, language, format, design, architecture or element of the Licensed System and to present such alterations, modifications and changes to Company as Updates or Upgrades; provided, however, at no time shall this section be interpreted in such a manner as to allow BNYM by such alterations, modifications or changes to fail to comply with any term of this Schedule D.

Appears in 3 contracts

Samples: Transfer Agency Services Agreement (Bennett Group Master Funds), Transfer Agency Services Agreement (Bennett Group of Funds), Transfer Agency Services Agreement (Bennett Global Funds)

Right to Modify. BNYM may alter, modify or change the Licensed System or any component, code, language, format, design, architecture or element of the Licensed System and present such alterations, modifications and changes to Company as Updates or Upgrades; provided, however, at no time shall this section be interpreted in such a manner as to allow BNYM by such alterations, modifications or changes to fail to comply with any term of this Schedule D.D. Confidential And Proprietary Execution Version

Appears in 1 contract

Samples: Sub Transfer Agency and Shareholder Services Agreement (Virtus Insight Trust)

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Right to Modify. BNYM may alter, modify or change the Licensed System or any component, code, language, format, design, architecture or element of the Licensed System and present such alterations, modifications and changes to Company as Updates or Upgrades; provided, however, at no time shall this section be interpreted in such a manner as to allow BNYM by such alterations, modifications or changes to fail to comply with any term of this Schedule D.D. Notwithstanding Section 3.2 below, BNYM shall be responsible for training the Company with respect to any such Updates and Upgrades at no cost to the Company.

Appears in 1 contract

Samples: Transfer Agency and Shareholder Services Agreement (Eaton Vance Growth Trust)

Right to Modify. BNYM may alter, modify or change the Licensed System or any component, code, language, format, design, architecture or element of the Licensed System and present such alterations, modifications and changes to Company as Updates or Upgrades; provided, however, at no time shall this section be interpreted in Confidential And Proprietary Execution Version such a manner as to allow BNYM by such alterations, modifications or changes to fail to comply with any term of this Schedule D.

Appears in 1 contract

Samples: Sub Transfer Agency and Shareholder Services Agreement (Virtus Equity Trust)

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