Consents, Approvals and Requests. (1) BNY Mellon shall, at its cost and expense, obtain, maintain and comply with the BNY Mellon Consents, if any. Voya shall comply with the BNY Mellon Consents. In the event BNY Mellon is unable to obtain a BNY Mellon Consent, BNY Mellon shall implement (at its own cost and expense), subject to Voya’s prior approval, a work-around as necessary to enable BNY Mellon to provide the Services without such consent. Upon Voya’s request, BNY Mellon shall provide Voya with evidence of any BNY Mellon Consent. (2) Voya shall, at its cost and expense, obtain, maintain and comply with the Voya Consents, if any. BNY Mellon shall comply with the Voya Consents. In the event Voya is unable to obtain a Voya Consent, Voya shall implement (at its own cost and expense) a work-around as necessary to enable BNY Mellon to provide the Services without such consent. Upon BNY Mellon’s request, Voya shall provide BNY Mellon with evidence of any Voya Consent. (3) Each Party shall reasonably cooperate with the other in obtaining the Voya Consents and BNY Mellon Consents, as applicable, including by executing reasonable confidentiality agreements if required by the applicable third party.
Appears in 15 contracts
Samples: Fund Administration Support Services Agreement (Voya Enhanced Securitized Income Fund), Fund Administration Support Services Agreement (Voya MUTUAL FUNDS), Fund Administration Support Services Agreement (Voya Separate Portfolios Trust)
