Common use of BUSINESS CONTINUITY/DISASTER RECOVERY Clause in Contracts

BUSINESS CONTINUITY/DISASTER RECOVERY. The Administrator shall maintain at all times, at no additional expense to the Funds, a complete business continuity, disaster recovery, business resumption and crisis management plan (“Business Continuity/Disaster Recovery Plan”) reasonably designed to safeguard from loss or damage attributable to terrorism or related threats to security, fire, flood, theft or any other cause the cash, security, other assets, records and other data of the Trusts and the Funds and the Administrator’s records, data, equipment, facilities and other property used in the performance of its obligations under the Agreement. Upon reasonable request, the Administrator shall discuss with senior management of the Trusts the Business Continuity/Disaster Recovery Plan and/or provide a high-level presentation summarizing the Business Continuity/Disaster Recovery Plan. In the event of equipment failure, work stoppage, governmental action, terrorism or related threats to security, communication disruption or other impossibility of performance beyond the Administrator’s control, the Administrator shall take reasonable steps to minimize service interruptions. In no event shall the Administrator incur liability hereunder if the Administrator is prevented, forbidden or delayed from performing, or omits to perform, any act or thing which this Agreement provides shall be performed or omitted to be performed, by reason of: (i) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, or of any foreign country, or political subdivision thereof or of any court of competent jurisdiction; or (ii) any act of God or war or other similar circumstance beyond the control of the Administrator, unless, in each case, such delay or nonperformance is caused by (A) the bad faith, negligence, misfeasance or misconduct of the Administrator, or (B) a malfunction or failure of equipment operated or utilized by the Administrator other than a malfunction or failure beyond the Administrator’s control and which could not reasonably be anticipated and/or prevented by the Administrator.

BUSINESS CONTINUITY/DISASTER RECOVERY. The Administrator Custodian shall maintain at all times, at no additional expense to the Funds, a complete business continuity, disaster recovery, business resumption and crisis management plan (“Business Continuity/Disaster Recovery Plan”) reasonably designed to safeguard from loss or damage attributable to terrorism or related threats to security, fire, flood, theft or any other cause the cash, security, other assets, records and other data of the Trusts and the Funds and the AdministratorPortfolios and the Custodian’s records, data, equipment, facilities and other property used in the performance of its obligations under the Agreement. Upon reasonable request, the Administrator Custodian shall discuss with senior management of the Trusts Funds the Business Continuity/Disaster Recovery Plan and/or provide a high-level presentation summarizing the Business Continuity/Disaster Recovery Plan. In the event of equipment failure, work stoppage, governmental action, terrorism or related threats to security, communication disruption or other impossibility of performance beyond the AdministratorCustodian’s control, the Administrator Custodian shall take reasonable steps to minimize service interruptions. In no event shall the Administrator Custodian incur liability hereunder if the Administrator Custodian or any sub-custodian, Securities System or Eligible Securities Depository, or any sub-custodian, securities depository or securities system utilized by any such sub-custodian, or any nominee of the Custodian or any sub-custodian (individually, a “Person”) is prevented, forbidden or delayed from performing, or omits to perform, any act or thing which this Agreement provides shall be performed or omitted to be performed, by reason of: (i) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, or of any foreign country, or political subdivision thereof or of any court of competent jurisdiction; or (ii) any act of God or war or other similar circumstance beyond the control of the AdministratorCustodian, unless, in each case, such delay or nonperformance is caused by (A) the bad faith, negligence, misfeasance misfeasance, or misconduct of the Administratorapplicable Person, or (B) a malfunction or failure of equipment operated or utilized by the Administrator applicable Person other than a malfunction or failure beyond the Administratorsuch Person’s control and which could not reasonably be anticipated and/or prevented by the Administratorsuch Person.