Deemed Representations and Warranties. (i) To the extent Provider is required to give (or is deemed to have given) any representation or warranty to a third party relating to any Lending Fund in order to complete the relevant transaction in connection with the issuance or transmission of trade notifications, confirmations and/or settlement instructions, whether using facsimile transmission, industry messaging utilities and/or the proprietary software of Third Party Providers, clearing agencies, depositories and other securities systems, such Lending Fund will be deemed to have made such representation or warranty to Provider, except to the extent that any breach or alleged breach of such representation or warranty results from Provider’s failure to perform its obligations hereunder in accordance with the Standard of Care.
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Samples: Custody Services Agreement (iShares U.S. ETF Trust), Custody Services Agreement (iSHARES TRUST), Custody Services Agreement (iShares, Inc.)
Deemed Representations and Warranties. (i) To the extent Provider is required to give (or is deemed to have given) any representation or warranty to a third party relating to any Lending Fund BFA Recipient in order to complete the relevant transaction in connection with the issuance or transmission of trade notifications, confirmations and/or settlement instructions, whether using facsimile transmission, industry messaging utilities and/or the proprietary software of Third Party Providers, clearing agencies, depositories and other securities systems, such Lending Fund BFA Recipient will be deemed to have made such representation or warranty to Provider, except to the extent that any breach or alleged breach of such representation or warranty results from Provider’s failure to perform its obligations hereunder in accordance with the Standard of Care.
Appears in 3 contracts
Samples: Master Services Agreement (BlackRock ETF Trust), Master Services Agreement (iShares U.S. ETF Trust), Master Services Agreement (iSHARES TRUST)
Deemed Representations and Warranties. (i) To the extent Provider is required to give (or is deemed to have given) any representation or warranty to a third party relating to any Lending Fund BFA Recipient in order to complete the relevant transaction in connection with the issuance or transmission of trade notifications, confirmations and/or settlement instructions, whether using facsimile transmission, industry messaging utilities and/or the proprietary software of Third Party Providers, clearing agencies, depositories and other securities systems, such Lending Fund BFA Recipient will be deemed to have made such representation or warranty to Provider, except to the extent that any breach or alleged breach of such representation or warranty results from Provider’s failure to perform its obligations hereunder in accordance with the Standard of Care.. Master Services Agreement CONFIDENTIAL
Appears in 2 contracts
Samples: Master Services Agreement (iShares Ethereum Trust), Master Services Agreement (iShares Bitcoin Trust)
Deemed Representations and Warranties. (i) To the extent Provider is required to give (or is deemed to have given) any representation or warranty to a third party relating to any Lending Fund BFA Recipient in order to complete the relevant transaction in connection with the issuance or transmission of trade notifications, confirmations and/or settlement instructions, whether using facsimile transmission, industry messaging utilities and/or the proprietary software of Third Party Providers, clearing agencies, depositories and other securities systems, such Lending Fund BFA Recipient will be deemed to have made such representation or warranty to Provider, except to the extent that any breach or alleged breach of such representation or warranty results from Provider’s failure to perform its obligations hereunder in accordance with the Standard of Care.. Master Services Agreement
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Deemed Representations and Warranties. (i) To the extent Provider is required to give (or is deemed to have given) any representation or warranty to a third party relating to any Lending Fund BFA Recipient in order to complete the relevant transaction in connection with the issuance or transmission of trade notifications, confirmations and/or settlement instructions, whether using facsimile transmission, industry messaging utilities and/or the proprietary software of Third Party Providers, clearing agencies, depositories and other securities systems, such Lending Fund BFA Recipient will be deemed to have made such representation or warranty to Provider, except to the extent that any breach or alleged breach of such representation or warranty results from Provider’s failure to perform its obligations hereunder in accordance with the Standard of Care.. Master Services Agreement 28
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