Company Dependencies. To the extent an obligation of BNYM under this Schedule C is dependent and contingent upon Company’s or Permitted User’s performance of an action or refraining from performing an action that has been specified or described in this Schedule C or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s industry (“Company Dependency”), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed .
Appears in 23 contracts
Samples: Transfer Agency and Shareholder Services Agreement (Lord Abbett Investment Trust), Transfer Agency and Shareholder Services Agreement (Lord Abbett Research Fund Inc), Transfer Agency and Shareholder Services Agreement (Schwab Investments)
Company Dependencies. To the extent an obligation of BNYM under this Schedule C is dependent and contingent upon Company’s 's or Permitted User’s 's performance of an action or refraining from performing an action that has been specified or described in this Schedule C or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s 's industry (“"Company Dependency”"), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s 's obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed .
Appears in 13 contracts
Samples: Shareholder Services Agreement (Laudus Trust), Shareholder Services Agreement (Schwab Capital Trust), Transfer Agency and Shareholder Services Agreement (Touchstone Strategic Trust)
Company Dependencies. To the extent an obligation of BNYM under this Schedule C Appendix B is dependent and contingent upon Company’s 's or Permitted Authorized User’s 's performance of an action or refraining from performing an action that has been specified or described in this Schedule C Appendix B or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s 's industry (“"Company Dependency”"), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s 's obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed delayed.
Appears in 13 contracts
Samples: CLT Agreement (Voya Separate Portfolios Trust), CLT Agreement (Voya PARTNERS INC), CLT Agreement (Voya Government Money Market Portfolio)
Company Dependencies. To the extent an obligation of BNYM under this Schedule C D is dependent and contingent upon Company’s or Permitted User’s performance of an action or refraining from performing an action that has been specified or described in this Schedule C D or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s industry (“Company Dependency”), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed .
Appears in 9 contracts
Samples: Transfer Agency and Shareholder Services Agreement (Touchstone Tax Free Trust), Transfer Agency and Shareholder Services Agreement (Touchstone Variable Series Trust), Transfer Agency and Shareholder Services Agreement (Touchstone Institutional Funds Trust)
Company Dependencies. To the extent an obligation of BNYM under this Schedule C is dependent and contingent upon Company’s or Permitted User’s performance of an action or refraining from performing an action that has been specified or described in this Schedule C or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s industry (“Company Dependency”), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed delayed.
Appears in 6 contracts
Samples: Agency and Shareholder Services Agreement, Transfer Agency and Shareholder Services Agreement (Sit Mutual Funds Ii Inc), Transfer Agency and Shareholder Services Agreement (Bridgeway Funds Inc)
Company Dependencies. To the extent an obligation of BNYM under this Schedule C D is dependent and contingent upon Company’s 's or Permitted User’s 's performance of an action or refraining from performing an action that has been specified or described in this Schedule C D or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s 's industry (“Company Dependency”"COMPANY DEPENDENCY"), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s 's obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed .
Appears in 5 contracts
Samples: Transfer Agency and Shareholder Services Agreement (First Trust Series Fund), Transfer Agency and Shareholder Services Agreement (First Trust Series Fund), Transfer Agency and Shareholder Services Agreement (First Trust Variable Insurance Trust)
Company Dependencies. To the extent an obligation of BNYM under this Schedule C D is dependent and contingent upon Company’s or Permitted User’s performance of an action or refraining from performing an action that has been specified or described in this Schedule C D or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s industry (“Company Dependency”), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed delayed.
Appears in 4 contracts
Samples: Transfer Agency and Shareholder Services Agreement (Stratton Funds, Inc.), Sub Transfer Agency and Shareholder Services Agreement (Virtus Insight Trust), Transfer Agency and Shareholder Services Agreement (Versus Global Multi-Manager Real Estate Income Fund LLC)
Company Dependencies. To the extent an obligation of BNYM under this Schedule C is dependent and contingent upon Company’s or Permitted User’s performance of an action or refraining from performing an action that has been specified or described in this Schedule C or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s industry (“Company Dependency”), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed .
Appears in 4 contracts
Samples: Transfer Agency and Shareholder Services Agreement (Pioneer Series Trust X), Transfer Agency and Shareholder Services Agreement (Pioneer Series Trust Xiv), Transfer Agency and Shareholder Services Agreement (Pioneer Core Trust I)
Company Dependencies. To the extent an obligation of BNYM under this Schedule C D is dependent and contingent upon Company’s 's or Permitted User’s 's performance of an action or refraining from performing an action that has been specified or described in this Schedule C D or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s 's industry (“"Company Dependency”"), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s 's obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed .
Appears in 3 contracts
Samples: Form of Transfer Agency and Shareholder Services Agreement (Touchstone Investment Trust), Form of Transfer Agency and Shareholder Services Agreement (Touchstone Strategic Trust), Form of Transfer Agency and Shareholder Services Agreement (Touchstone Funds Group Trust)
Company Dependencies. To the extent an obligation of BNYM under this Schedule C D is dependent and contingent upon Company’s or Permitted User’s 's performance of an action or refraining from performing an action that has been specified or described in this Schedule C D or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s Company's industry (“"Company Dependency”"), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a Company's failure to properly perform or a Company's delay in properly performing a Company Dependency and BNYM’s 's obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent Company fails to perform or delays the performance of the related Company Dependency is not properly performed or is delayed Dependency.
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)
Company Dependencies. To the extent an obligation of BNYM under this Schedule C B is dependent and contingent upon Company’s 's or Permitted Authorized User’s 's performance of an action or refraining from performing an action that has been specified or described in this Schedule C B or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s 's industry (“Company Dependency”), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s 's obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed delayed.
Appears in 1 contract
Samples: Transfer Agency and Shareholder Services Agreement (Versus Capital Infrastructure Income Fund)
Company Dependencies. To the extent an obligation of BNYM under this Schedule C B is dependent and contingent upon Company’s or Permitted User’s performance of an action or refraining from performing an action that has been specified or described in this Schedule C B or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s industry (“Company Dependency”), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed delayed.
Appears in 1 contract
Samples: Transfer Agency and Shareholder Services Agreement (KKR Asset-Based Income Fund)
Company Dependencies. To the extent an obligation of BNYM under this Schedule C is dependent and contingent upon Company’s or Permitted Authorized User’s performance of an action or refraining from performing an action that has been specified or described in this Schedule C or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s industry (“Company Dependency”), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed delayed.
Appears in 1 contract
Samples: Agency and Unitholder Services Agreement (Afl Cio Housing Investment Trust)
Company Dependencies. To the extent an obligation of BNYM under this Schedule C is dependent and contingent upon Company’s or Permitted User’s performance of an action or refraining from performing an action that has been specified or described in this Schedule C or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s industry (“Company Dependency”), . BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed delayed.
Appears in 1 contract
Samples: Transfer Agency and Shareholder Services Agreement (Sit Mutual Funds Inc)
Company Dependencies. To the extent an obligation of BNYM under this Schedule C Appendix B is dependent and contingent upon Company’s or Permitted User’s performance of an action or refraining from performing an action that has been specified or described in this Schedule C Appendix B or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s industry (“Company Dependency”), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed .
Appears in 1 contract
Samples: Transfer Agency Services Agreement (New Alternatives Fund Inc)
Company Dependencies. To the extent an obligation of BNYM under this Schedule C is dependent and contingent upon Company’s 's or Permitted User’s 's performance of an action or refraining from performing an action that has been specified or described in this Schedule C or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s 's industry (“"Company Dependency”"), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s 's obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed .. Confidential And Proprietary Execution Version
Appears in 1 contract
Samples: Transfer Agency and Shareholder Services Agreement (Third Avenue Trust)
Company Dependencies. To the extent an obligation of BNYM under this Schedule C B is dependent and contingent upon Company’s 's or Permitted User’s 's performance of an action or refraining from performing an action that has been specified or described in this Schedule C B or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s 's industry (“"Company Dependency”"), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s 's obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed .
Appears in 1 contract
Samples: Transfer Agency and Shareholder Services Agreement (Ark Venture Fund)
Company Dependencies. To the extent an obligation of BNYM under this Schedule Exhibit C is dependent and contingent upon Company’s or Permitted User’s performance of an action or refraining from performing an action that has been specified or described in this Schedule Exhibit C or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s industry (“Company Dependency”), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed .
Appears in 1 contract
Samples: Transfer Agency Services Agreement (Driehaus Mutual Funds)
Company Dependencies. To the extent an obligation of BNYM under this Schedule C B is dependent and contingent upon Company’s 's or Permitted Authorized User’s 's performance of an action or refraining from performing an action that has been specified or described in this Schedule C B or the Documentation or that is part of practices and procedures which are commercially reasonable or standard in the user’s 's industry (“"Company Dependency”"), BNYM shall not be liable for Loss to the extent caused by or resulting from, or that could have been avoided but for, a failure to properly perform or a delay in properly performing a Company Dependency and BNYM’s 's obligation to perform an obligation contemplated by this Agreement shall be waived or delayed to the extent the performance of the related Company Dependency is not properly performed or is delayed delayed.
Appears in 1 contract
Samples: Transfer Agency and Shareholder Services Agreement (Polen Credit Opportunities Fund)
