BNYM Warranties. BNYM warrants that: (i) except for Direct Third Party Products, with respect to which no warranty is made, and subject to the last sentence of Section 2.3, the Licensed System, if used in accordance with applicable Documentation, will operate in material conformity with applicable Documentation, and in the event of a breach of this clause (i) BNYM shall take commercially reasonable actions to restore performance of the Licensed System to the requirements of the foregoing warranty; and (ii) BNYM owns, or has the right to use under valid and enforceable agreements, all Intellectual Property Rights reasonably necessary for and related to the provision of the Licensed Rights and to grant the right granted under Section 2.1.
Appears in 27 contracts
Samples: Transfer Agency and Shareholder Services Agreement (KKR Asset-Based Income Fund), Transfer Agency and Shareholder Services Agreement (Lord Abbett Research Fund Inc), Transfer Agency and Shareholder Services Agreement (Lord Abbett Investment Trust)
BNYM Warranties. BNYM warrants that:
(i) except for Direct Third Party Products, with respect to which no warranty is made, and subject to the last sentence of Section 2.3, the Licensed System, if used in accordance with applicable Documentation, will operate in material conformity with applicable Documentation, and in the event of a breach of this clause (i) BNYM shall take commercially reasonable actions to restore performance of the Licensed System to the requirements of the foregoing warranty; and
(ii) BNYM owns, or has the right to use under valid and enforceable agreements, all Intellectual Property Rights reasonably necessary for and related to the provision of the Licensed Rights and to grant the right license granted under Section 2.1.
Appears in 11 contracts
Samples: Transfer Agency and Shareholder Services Agreement (AMG Pantheon Credit Solutions Fund), Transfer Agency and Shareholder Services Agreement (Pax World Funds Series Trust I), Transfer Agency and Shareholder Services Agreement (Pax World Funds Series Trust I)
BNYM Warranties. BNYM warrants that:
(i) except for Direct Third Party Products, with respect to which no warranty is made, and subject to the last sentence of Section 2.3, the Licensed System, if used in accordance with applicable Documentation, will operate in material conformity with applicable Documentation, and in the event of a breach of this clause (i) BNYM shall take commercially reasonable actions to restore performance of the Licensed System to the requirements of the foregoing warranty; and
(ii) BNYM owns, or has the right to use under valid and enforceable agreements, all Intellectual Property Rights reasonably necessary for and related to the provision of the Licensed Rights and to grant the right granted under Section 2.1.. Confidential And Proprietary Execution Version
Appears in 5 contracts
Samples: Transfer Agency and Shareholder Services Agreement (AMG Funds IV), Transfer Agency and Shareholder Services Agreement (AMG Funds II), Transfer Agency and Shareholder Services Agreement (AMG Funds I)
BNYM Warranties. BNYM warrants that:
(i) except for Direct Third Party Products, with respect to which no warranty is made, and subject to the last sentence of Section 2.3, the Licensed System, if used in accordance with applicable Documentation, will operate in material conformity with applicable Documentation, and in the event of a breach of this clause (i) BNYM shall take prompt commercially reasonable actions to restore performance of the Licensed System to the requirements of the foregoing warranty; and
(ii) BNYM owns, or has the right to use under valid and enforceable agreements, all Intellectual Property Rights reasonably necessary for and related to the provision of the Licensed Rights and to grant the right license granted under Section 2.1.
Appears in 1 contract
Samples: Transfer Agency Services Agreement (Old Westbury Funds Inc)
