Common use of Data Exclusion Clause in Contracts

Data Exclusion. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, UNDER NO CIRCUMSTANCES ARISING FROM THIS AGREEMENT, THE STN AGREEMENT OR ANY OTHER AGREEMENT BETWEEN BISYS AND THE PROVIDER OF THE LICENSED SYSTEM SHALL BISYS OR STN OR THEIR AFFILIATES, OR ANY THIRD PARTY PROVIDERS (EXCLUDING INTERMEDIARIES), BE LIABLE FOR TRUTH, ACCURACY, SEQUENCE, TIMELINESS OR COMPLETENESS OF FUND DATA, SHAREHOLDER DATA OR ANY OTHER INFORMATION (INCLUDING SERVICES PROVIDED BY THIRD PARTY PROVIDERS) PROVIDED BY OR PROCESSED BY THE LICENSED SYSTEM, FOR ANY INCONVENIENCE CAUSED BY THE DISCONTINUANCE OF SERVICES OR DATA BY A THIRD PARTY PROVIDER (INCLUDING DATA PROVIDED BY AN INTERMEDIARY), OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS IN THE OPERATION OF THE LICENSED SYSTEM FROM WHATEVER CAUSE, EXCEPT TO THE EXTENT OF SUCH PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR BAD FAITH.

Appears in 2 contracts

Samples: 2 Services Agreement (YieldQuest Funds Trust), Services Agreement (Performance Funds Trust)

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Data Exclusion. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, UNDER NO CIRCUMSTANCES ARISING FROM THIS AGREEMENT, THE STN AGREEMENT OR ANY OTHER AGREEMENT BETWEEN BISYS Citi AND THE PROVIDER OF THE LICENSED SYSTEM SHALL BISYS Citi OR STN OR THEIR AFFILIATES, OR ANY THIRD PARTY PROVIDERS (EXCLUDING INTERMEDIARIES), BE LIABLE FOR TRUTH, ACCURACY, SEQUENCE, TIMELINESS OR COMPLETENESS OF FUND DATA, SHAREHOLDER DATA OR ANY OTHER INFORMATION (INCLUDING SERVICES PROVIDED BY THIRD PARTY PROVIDERS) PROVIDED BY OR PROCESSED BY THE LICENSED SYSTEM, FOR ANY INCONVENIENCE CAUSED BY THE DISCONTINUANCE OF SERVICES OR DATA BY A THIRD PARTY PROVIDER (INCLUDING DATA PROVIDED BY AN INTERMEDIARY), OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS IN THE OPERATION OF THE LICENSED SYSTEM FROM WHATEVER CAUSE, EXCEPT TO THE EXTENT OF SUCH PARTY'S ’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR BAD FAITH.

Appears in 1 contract

Samples: 2 Services Agreement (HSBC Investor Funds)

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Data Exclusion. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, UNDER NO CIRCUMSTANCES ARISING FROM THIS AGREEMENT, THE STN AGREEMENT OR ANY OTHER AGREEMENT BETWEEN BISYS CITI AND THE PROVIDER OF THE LICENSED SYSTEM SHALL BISYS CITI OR STN OR THEIR AFFILIATES, OR ANY THIRD PARTY PROVIDERS (EXCLUDING INTERMEDIARIES), BE LIABLE FOR TRUTH, ACCURACY, SEQUENCE, TIMELINESS OR COMPLETENESS OF FUND DATA, SHAREHOLDER DATA OR ANY OTHER INFORMATION (INCLUDING SERVICES PROVIDED BY THIRD PARTY PROVIDERS) PROVIDED BY OR PROCESSED BY THE LICENSED SYSTEM, SYSTEM FOR ANY INCONVENIENCE CAUSED BY THE DISCONTINUANCE OF SERVICES OR DATA BY A THIRD PARTY PROVIDER (INCLUDING DATA PROVIDED BY AN INTERMEDIARY), OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS IN THE OPERATION OF THE LICENSED SYSTEM FROM WHATEVER CAUSE, EXCEPT TO THE EXTENT OF SUCH PARTY'S ’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR BAD FAITH.

Appears in 1 contract

Samples: 2 Services Agreement (Cavanal Hill Funds)

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