Business Interruption Plan. ALPS shall maintain in effect a business interruption plan, and enter into any agreements necessary with appropriate parties making reasonable provisions for emergency use of electronic data processing equipment customary in the industry. In the event of equipment failures, ALPS shall, at no additional expense to the Trust, take commercially reasonable steps to minimize service interruptions. ALPS shall have no liability with respect to the loss of data or service interruptions caused by equipment failure provided such loss or interruption is not caused by ALPS’ own willful misfeasance, bad faith, negligence or reckless disregard of its duties or obligations under this Agreement.
Appears in 6 contracts
Samples: Fund Accounting and Administration Agreement (Financial Investors Variable Insurance Trust), Fund Accounting and Administration Agreement (ALPS Variable Insurance Trust), Fund Accounting and Administration Agreement (Financial Investors Trust)
Business Interruption Plan. ALPS shall maintain in effect a business interruption plan, and enter into any agreements necessary with appropriate parties making reasonable provisions for emergency use of electronic data processing equipment customary in the industry. In the event of equipment failures, ALPS shall, at no additional expense to the TrustFund, take commercially reasonable steps to minimize service interruptions. ALPS shall have no liability with respect to the loss of data or service interruptions caused by equipment failure provided such loss or interruption is not caused by ALPS’ own willful misfeasance, bad faith, negligence or reckless disregard of its duties or obligations under this Agreement, and, provided further, that such equipment is state of the art and has been properly maintained.
Appears in 2 contracts
Samples: Co Administrative, Tax, Bookkeeping and Pricing Services Agreement (DCA Total Return Fund), Administrative, Tax, Bookkeeping and Pricing Services Agreement (Dividend Capital Strategic Global Realty Fund)
Business Interruption Plan. ALPS shall maintain in effect a business interruption plan, and enter into any agreements necessary with appropriate parties making reasonable provisions for emergency use of electronic data processing equipment customary in the industry. In the event of equipment failures, ALPS shall, at no additional expense to the TrustFund, take commercially reasonable steps to minimize service interruptions. ALPS shall have no liability with respect to the loss of data or service interruptions caused by equipment failure provided such loss or interruption is not caused by ALPS’ own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.
Appears in 2 contracts
Samples: Distribution Agreement (Broadstone Real Estate Access Fund), Distribution Agreement (Broadstone Real Estate Access Fund, Inc.)
Business Interruption Plan. ALPS shall maintain in effect a business interruption plan, plan and enter into any agreements necessary with appropriate parties making reasonable provisions for emergency use of electronic data processing equipment customary in the industry. In the event of equipment failures, ALPS shall, at no additional expense to the TrustFund, take commercially reasonable steps to minimize service interruptions. ALPS shall have no liability with respect to the loss of data or service interruptions caused by equipment failure provided such loss or interruption is not caused by ALPS’ own willful misfeasance, bad faith, negligence or reckless disregard of its duties or obligations under this Agreement.
Appears in 2 contracts
Samples: Marketing, Administration, Bookkeeping and Pricing Services Agreement (Stone Harbor Emerging Markets Total Income Fund), Marketing, Administration, Bookkeeping and Pricing Services Agreement (Stone Harbor Emerging Markets Income Fund)
Business Interruption Plan. ALPS shall maintain in effect a business interruption plan, and enter into any agreements necessary with appropriate parties making reasonable provisions for emergency use of electronic data processing equipment customary in the industry. In the event of equipment failures, ALPS shall, at no additional expense to the Trust, Fund. take commercially reasonable steps to minimize service interruptions. ALPS shall have no liability with respect to the loss of data or service interruptions caused by equipment failure provided such loss or interruption is not caused by ALPS’ own willful misfeasance, bad faith, negligence or reckless disregard of its duties or obligations under this Agreement.
Appears in 1 contract
Samples: Fund Accounting and Administration Agreement (Forward Funds)
Business Interruption Plan. ALPS shall maintain in effect a business interruption plan, and enter into any agreements necessary with appropriate parties making reasonable provisions for emergency use of electronic data processing equipment customary in the industry. In the event of equipment failures, ALPS shall, at no additional expense to the TrustFund, take commercially reasonable steps to minimize service interruptions. ALPS shall have no liability with respect to the loss of data or service interruptions caused by equipment failure failure, provided such loss or interruption is not caused by ALPS’ ' own willful misfeasance, bad faith, negligence or reckless disregard of its duties or obligations under this Agreement.
Appears in 1 contract
Samples: Administration, Bookkeeping and Pricing Services Agreement (Bridgeway Fund Inc)
Business Interruption Plan. ALPS shall maintain in effect a business interruption plan, and enter into any agreements necessary with appropriate parties making reasonable provisions for emergency use of electronic data processing equipment customary in the industry. In the event of equipment failures, ALPS shall, at no additional expense to the TrustFund, take commercially reasonable steps to minimize service interruptions. ALPS shall have no liability with respect to the loss of data or service interruptions caused by equipment failure provided such loss or interruption is not caused by ALPS’ ' own willful misfeasance, bad lack of good faith, negligence or reckless disregard of its duties or obligations under this Agreement.
Appears in 1 contract
Samples: Fund Accounting and Services Agreement (Lipper Funds Inc)
