Common use of Disaster Recovery Clause in Contracts

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 118 contracts

Samples: Accounting and Investor Services Agreement (Ubs Pw Equity Opportunity Fund Ii LLC), Administration and Accounting Services Agreement (Sparx Funds Trust), Accounting and Investor Services Agreement (Pw Equity Opportunity Fund LLC)

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Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 79 contracts

Samples: And Transfer Agency Services Agreement (Wilshire Variable Insurance Trust), Transfer Agency Services Agreement (Premier Vit), Transfer Agency Services Agreement (Rodney Square Strategic Fixed Income Fund)

Disaster Recovery. PFPC Trust shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC Trust shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC Trust 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 PFPCPFPC Trust's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 47 contracts

Samples: Custodian Services Agreement (Firsthand Funds), Custodian Services Agreement (First Trust Senior Floating Rate Income Fund Ii), Sub Custodian Services Agreement (Wt Mutual Fund)

Disaster Recovery. PFPC Trust shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC Trust shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC Trust 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 PFPCPFPC Trust's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 46 contracts

Samples: Amended and Restated Custodian Services Agreement (Eii Realty Securities Trust), Custodian Services Agreement (Sparx Funds Trust), Custodian Services Agreement (AIG Strategic Hedge Fund of Funds)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for periodic backup of computer files and data with respect to the Fund and emergency use of electronic data processing equipment to the extent appropriate equipment is availableequipment. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this AgreementAgreement and provided further that PFPC has complied with the provisions of this paragraph 10.

Appears in 21 contracts

Samples: Transfer Agency and Related Services Agreement (Painewebber Olympus Fund/Ny), Agency and Related Services Agreement (Painewebber Rma Tax Free Fund Inc), Transfer Agency and Related Services Agreement (Painewebber Investment Trust Ii)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is availableequipment. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 10 contracts

Samples: Accounting Services Agreement (Highland Institutional Floating Rate Income Fund), Accounting Services Agreement (Highland Floating Rate Advantage Fund), Transfer Agency Services Agreement (Weiss Treasury Fund)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the FundTrust, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 9 contracts

Samples: Transfer Agency Services Agreement (Blackrock 2012 Term Trust), Administration and Accounting Services Agreement (Hambrecht & Quist Fund Trust), Transfer Agency Services Agreement (BHR Institutional Funds)

Disaster Recovery. PFPC Trust shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shallTrust, at no additional expense to the Fund, shall take reasonable steps to minimize service interruptions. PFPC Trust 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 PFPCPFPC Trust's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 9 contracts

Samples: Custodian Services Agreement (Ubs M3 Fund LLC), Custodian Services Agreement (Ubs Pw Equity Opportunity Fund Ii LLC), Custodian Services Agreement (Pw Equity Opportunity Fund LLC)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the FundCompany, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 9 contracts

Samples: Accounting and Investor Services Agreement (Sawgrass Fund LLC), Investor Services Agreement (Stratigos Fund LLC), Administration Services Agreement (Torray Fund)

Disaster Recovery. PFPC Trust shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC Trust shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC Trust 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 PFPC's PFPC Trust’s own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 8 contracts

Samples: Custodian Services Agreement (Roxbury Funds), Custodian Agreement (Blackrock Funds), Custodian Services Agreement (BlackRock Funds II)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the FundPartnership, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 8 contracts

Samples: Investor Services Agreement (Hatteras Multi-Strategy Fund II, L.P.), Investor Services Agreement (Troon Partners Lp), Services Agreement (Pw Technology Partners Lp)

Disaster Recovery. PFPC Trust shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC Trust shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC Trust 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 PFPC's PFPC Trust’s own willful misfeasanceintentional misconduct, bad faith, gross negligence with respect to, or reckless disregard of of, its duties or obligations under this Agreement.

Appears in 4 contracts

Samples: Custodian Services Agreement (Virtus Institutional Trust), Custodian Services Agreement (Virtus Insight Trust), Custodian Services Agreement (Virtus Opportunities Trust)

Disaster Recovery. PFPC Trust shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC Trust shall, at no additional expense to the FundTrust, take reasonable steps to minimize service interruptions. PFPC Trust 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 PFPCPFPC Trust's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 4 contracts

Samples: Custodian Services Agreement (BHR Institutional Funds), Custodian Services Agreement (Hambrecht & Quist Fund Trust), Custodian Services Agreement (Constellation Funds)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to RSMC or the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 4 contracts

Samples: Investor Services Agreement (Wilmington Low Volatility Fund of Funds), Accounting Services Agreement (Wt Mutual Fund), Accounting Services Agreement (Wt Investment Trust I)

Disaster Recovery. PFPC Trust shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC Trust shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC Trust 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 PFPC's PFPC Trust own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 4 contracts

Samples: Custodian Services Agreement (Flaherty & Crumrine/Claymore Total Return Fund Inc), Custodian Services Agreement (F&c/Claymore Preferred Securities Income Fund Inc), Custodian Services Agreement (Flaherty & Crumrine/Claymore Total Return Fund Inc)

Disaster Recovery. PFPC Trust shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, Trust at no additional expense to the Fund, shall take reasonable steps to minimize service interruptions. PFPC Trust 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 PFPCPFPC Trust's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 4 contracts

Samples: Custodian Services Agreement (Pw Eucalyptus Fund LLC), Custodian Services Agreement (Morgan J P Hedge Fund Series/Core LLC), Custodian Services Agreement (Morgan J P Hedge Fund Series/Alpha LLC)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with ----------------- appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 4 contracts

Samples: Transfer Agency Services Agreement (Pimco New York Municipal Income Fund), Transfer Agency Services Agreement (Pimco California Municipal Income Fund), Transfer Agency Services Agreement (Pimco Corporate Income Fund)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the FundTrust, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 4 contracts

Samples: Compliance Support Services Agreement (Bb&t Funds /), Accounting Services Agreement (Bb&t Funds /), Compliance Support Services Agreement (BB&T Variable Insurance Funds)

Disaster Recovery. PFPC shall enter into and shall maintain in effect ----------------- with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 4 contracts

Samples: Administration and Accounting Services Agreement (Lasalle Master Trust), Administrative Services Agreement (Bear Stearns Funds), Administration and Accounting Services Agreement (Lasalle Real Estate Securities Fund Inc)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with ----------------- appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 4 contracts

Samples: Transfer Agency Services Agreement (TCW Galileo Funds Inc), Transfer Agency Services Agreement (Provident Institutional Funds), Accounting Services Agreement (Conseco Strategic Income Fund)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is availableequipment. In the event of equipment failures, PFPC shall, at no additional expense to the FundHighland, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 4 contracts

Samples: Sub Administration Services Agreement (Highland Floating Rate Advantage Fund), Sub Administration Services Agreement (Highland Floating Rate LTD Liability Co), Sub Administration Services Agreement (Highland Institutional Floating Rate Income Fund)

Disaster Recovery. PFPC Trust shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC Trust shall, at no additional expense to the FundPartnership, take reasonable steps to minimize service interruptions. PFPC Trust 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 PFPCPFPC Trust's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 3 contracts

Samples: Custodian Services Agreement (Gam Avalon Multi-Global Lp), Custodian Services Agreement (Gam Avalon Multi-Europe Lp), Custodian Services Agreement (Gam Avalon Multi Technology Lp)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the FundTrust, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 3 contracts

Samples: Transfer Agency Services Agreement (FundVantage Trust), Transfer Agency Services Agreement (BHR Institutional Funds), Administration and Accounting Services Agreement (BHR Institutional Funds)

Disaster Recovery. PFPC Trust shall enter into and shall maintain in ----------------- effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC Trust shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC Trust 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 PFPCPFPC Trust's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 3 contracts

Samples: Custodian Services Agreement (Old Dominion Investors Trust Inc), Custodian Services Agreement (Stratton Monthly Dividend Reit Shares Inc), Custodian Services Agreement (Sage Life Investment Trust)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to Monument or the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Sub Administration Services Agreement (Monument Series Fund Inc), Sub Accounting Services Agreement (Monument Series Fund Inc)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the FundFund or the Administrator, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Sub Administration and Accounting Services Agreement (BlackRock Kelso Capital CORP), Sub Administration and Accounting Services Agreement (BlackRock Kelso Capital CORP)

Disaster Recovery. PFPC Trust shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC Trust shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC Trust 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 PFPCPFPC Trust's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Custodian Services Agreement (Sit Mutual Funds Trust), Custodian Services Agreement (Sit Mutual Funds Inc)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is availableequipment. In the event of equipment failures, PFPC shall, at no additional expense to the FundXxxxxx, take reasonable steps exercise its best efforts in good faith to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Administration and Accounting Services Agreement (Harris Insight Funds Trust), Administration and Accounting Services Agreement (Ht Insight Funds Inc)

Disaster Recovery. PFPC Trust shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shallTrust, at no additional expense to the Fund, shall take reasonable steps to minimize service interruptions. PFPC Trust 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 PFPC's PFPC Trust’s own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Custodian Services Agreement (Pw Cypress Fund LLC), Custodian Services Agreement (Ubs Pw Technology Partners LLC)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making commercially reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's ’s own willful misfeasance, bad faith, gross negligence or reckless disregard of failure to perform its respective duties or obligations under this AgreementAgreement in any material respect.

Appears in 2 contracts

Samples: Administration and Accounting Services Agreement (Old Westbury Funds Inc), Transfer Agency Services Agreement (Old Westbury Funds Inc)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under under, or other material noncompliance with, this Agreement.

Appears in 2 contracts

Samples: Transfer Agency Services Agreement (Pax World High Yield Fund Inc), Transfer Agency Services Agreement (Pax World Growth Fund Inc)

Disaster Recovery. PFPC Trust shall enter into and shall maintain in ----------------- effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC Trust shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC Trust 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 PFPCPFPC Trust's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Custodian Services Agreement (Provident Institutional Funds), Custodian Services Agreement (Provident Institutional Funds)

Disaster Recovery. PFPC Trust shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC Trust shall, at no additional expense to the a Fund, take reasonable steps to minimize service interruptions. PFPC Trust 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 PFPCPFPC Trust's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Custodian Services Agreement (Eip Investment Trust), Custodian Services Agreement (Eip Investment Trust)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is availableequipment. In the event of equipment failures, PFPC shall, at no additional expense to the FundXxxxxx, take reasonable steps exercise its best efforts in good faith to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Agency Services Agreement (Harris Insight Funds Trust), Agency Services Agreement (Ht Insight Funds Inc)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failuresfailure, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Administration and Accounting Services Agreement (Foreign Fund Inc), Administration and Accounting Services Agreement (Foreign Fund Inc)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the FundPartnership, take reasonable steps to minimize service interruptions. PFPC shall have no liability with respect to the loss of data or service interruptions caused by equipment failurefailure beyond its control, provided such loss or interruption is not caused by PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Investor Services Agreement (Congress Street Associates Lp), Investor Services Agreement (Pw After Tax Equity Partners Lp)

Disaster Recovery. PFPC Trust shall enter into and shall maintain in effect ----------------- with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC Trust shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC Trust 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 PFPCPFPC Trust's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Custodian Services Agreement (Spirit of America Investment Fund Inc)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the FundTrust, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's ’s own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Custodian Services Agreement (FundVantage Trust)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to HCM or the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement; provided however, that PFPC has made commercially reasonable efforts to implement its business resumption plan.

Appears in 1 contract

Samples: Sub Administration and Accounting Services Agreement (Highmark Funds /Ma/)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the FundFund or the Advisor, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's ’s own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Administration Agreement (Torray Fund)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take make reasonable steps efforts to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (E Trade Funds)

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Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one -one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's ’s own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: State Securities Services Agreement (E Trade Funds)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, shall at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (Pax World Money Market Fund Inc)

Disaster Recovery. PFPC Trust shall enter into and shall maintain in ----------------- effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is 7 available. In the event of equipment failures, PFPC Trust shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC Trust 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 PFPCPFPC Trust's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Custodian Services Agreement (Torray Fund)

Disaster Recovery. PFPC shall enter into and shall maintain in ----------------- effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is availableequipment. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (Weiss Treasury Fund)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 covered by PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Accounting Services Agreement (Nicholas Applegate Series Trust)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take xxxx reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Administration and Accounting Services Agreement (Hillview Investment Trust Ii)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the FundFund or the Administrator, take make reasonable steps efforts to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Sub Administration and Accounting Services Agreement (E Trade Funds)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful willfull misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Sub Administration and Accounting Services Agreement (Constellation Institutional Portfolios)

Disaster Recovery. PFPC Trust shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC Trust shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC Trust 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 PFPCPFPC Trust's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Custodian Services Agreement (BlackRock Kelso Capital CORP)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of communication and electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failuresfailures or other events, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Administration Assistance Services Agreement (Meridian Fund Inc/New)

Disaster Recovery. PFPC Trust shall enter into and shall maintain in effect with appropriate parties --------------------------- one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC Trust shall, at no additional expense to the FundPartnership, take reasonable steps to minimize service interruptions. PFPC Trust 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 PFPCPFPC Trust's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement. 12.

Appears in 1 contract

Samples: Form of Agreement (Oppenheimer Tremont Market Neutral Fund LLC)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the FundPartnership, take reasonable practicable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Agreement (Quadriga Superfund)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with _________________ appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the FundtoTIA, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasancewillfulmisconduct, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (Travelers Series Trust)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is availableequipment. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties duties, obligations or obligations under responsibilities set forth in this Agreement.

Appears in 1 contract

Samples: Administration and Accounting Services Agreement (Weiss Treasury Fund)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failuresfailures or loss or destruction of data, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross ordinary negligence or reckless disregard of its duties or obligations under this Agreement. 11.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (JNL Investors Series Trust)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the FundFund or RSMC, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Administration and Accounting Services Agreement (Wt Mutual Fund)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement. 12.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (Offitbank Variable Insurance Fund Inc)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with _________________ appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the FundtoTAMIC, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasancewillfulmisconduct, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (Travelers Series Trust)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the FundBear Xxxxxxx, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Sub Administration and Accounting Services Agreement (Managed Income Securities Plus Fund Inc)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the FundFund or the Administrator, take make reasonable steps efforts to minimize service interruptions. PFPC 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 PFPC's ’s own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Sub Administration and Accounting Services Agreement (E Trade Funds)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this AgreementAgreement or such loss or interruption is covered by PFPC's insurance maintained pursuant to Section 13 hereof.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (Longleaf Partners Funds Trust)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for provision of emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the FundCompany, take reasonable steps to minimize service interruptions. PFPC interruptions but shall have no liability with respect to the loss of data or service interruptions caused by equipment failure, provided thereto unless such loss or interruption is not caused by failures result from PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or and obligations under this Agreement.

Appears in 1 contract

Samples: Interim Delegation Agreement (RBB Fund Inc)

Disaster Recovery. PFPC shall enter into and shall maintain in effect ----------------- with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is availableequipment. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.this

Appears in 1 contract

Samples: Administration and Accounting Services Agreement (Weiss Treasury Fund)

Disaster Recovery. PFPC shall enter into and shall maintain in ----------------- effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (Lasalle Real Estate Securities Fund Inc)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment and for backup of data with respect to the extent appropriate equipment is availableFund. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (Gam Funds Inc)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Accounting Services Agreement (Pic Investment Trust)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the FundFund or FAS, take reasonable steps to minimize service interruptions. PFPC 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 PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Agency Services Agreement (Boulder Growth & Income Fund)

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