Additional Indemnification; Limitation of Liability. A. Subject to Section 2, Fund Services CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF THE ELECTRONIC SERVICES. Accordingly, Fund Services’ sole liability to the Trust, the Fund, 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 Fund Services hereunder shall be to use its best reasonable efforts to commence or resume the Electronic Services as promptly as is reasonably possible.
Appears in 16 contracts
Samples: Fund Servicing Agreement (360 Funds), Fund Servicing Agreement (Advisor Managed Portfolios), Fund Servicing Agreement (Advisor Managed Portfolios)
Additional Indemnification; Limitation of Liability. A. Subject to Section 2, Fund Services CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF THE ELECTRONIC SERVICES. Accordingly, Fund Services’ sole liability to the Trusta Fund, the Fund, 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 Fund Services hereunder shall be to use its best reasonable efforts to commence or resume the Electronic Services as promptly as is reasonably possible.
Appears in 3 contracts
Samples: Fund Servicing Agreement (Kurv ETF Trust), Fund Servicing Agreement (Roundhill ETF Trust), Transfer Agent Servicing Agreement (North Capital Funds Trust)
Additional Indemnification; Limitation of Liability. A. Subject to Section 2, Fund Services CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF THE ELECTRONIC SERVICES. Accordingly, Fund Services’ ’s sole liability to the Trusta Fund, the Fund, 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 Fund Services hereunder shall be to use its best reasonable efforts to commence or resume the Electronic Services as promptly as is reasonably possible.
Appears in 3 contracts
Samples: Transfer Agent Servicing Agreement (Monetta Trust), Power Funds Trust (Mairs & Power Funds Trust), Transfer Agent Servicing Agreement (Fmi Funds Inc)
Additional Indemnification; Limitation of Liability. A. Subject to Section 2, Fund Services FUND SERVICES CANNOT AND DOES NOT GUARANTEE AVAILABILITY OF THE ELECTRONIC SERVICES. Accordingly, Fund Services’ sole liability to the Trusta Fund, the Fund, 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 Fund Services 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 (SP Funds Trust)