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 120 contracts

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

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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: Fund Accounting, Financial and Regulatory Administration and Transfer Agency Services Agreement (Wilshire Variable Insurance Trust), Transfer Agency Services Agreement (Premier Vit), Regulatory Administration Services Agreement (RBB 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, 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 48 contracts

Samples: Custodian Services Agreement (Firsthand Funds), Custodian Services Agreement (First Trust Senior Floating Rate Income Fund Ii), Custodian Services Agreement (Columbia Management Multi Strategy Hedge Fund LLC)

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 Fund, 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 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 Agreementthereto.

Appears in 33 contracts

Samples: Administration and Accounting Services Agreement (RBB Fund Inc), Administration and Accounting Services Agreement (RBB Fund Inc), Co Administration Agreement (Warburg Pincus Money Market Fund Inc)

Disaster Recovery. PFPC PNC 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 PNC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC PNC 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 PNC’s own willful misfeasanceintentional misconduct, bad faith, faith or gross negligence or reckless disregard in the performance of its duties or obligations under this Agreement.

Appears in 22 contracts

Samples: Transfer Agency Services Agreement (New Alternatives Fund Inc), Transfer Agency Services Agreement (Ing Prime Rate Trust), Transfer Agency Services Agreement (Ing Variable Products Trust)

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 Rma Tax Free Fund Inc), Transfer Agency and Related Services Agreement (Painewebber Mutual Fund Trust), Transfer Agency Services Agreement (Painewebber America Fund /Ny/)

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 ’s own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 13 contracts

Samples: Transfer Agency Services Agreement (PIMCO Global StocksPLUS & Income Fund), Transfer Agency Services Agreement (Nicholas-Applegate Equity & Convertible Income Fund), Transfer Agency Services Agreement (Roxbury 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 ’s own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 12 contracts

Samples: Sub Administration and Accounting Services Agreement (Eii Realty Securities Trust), Transfer Agency Services Agreement (Eii Realty Securities Trust), Administration and Accounting Services 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.

Appears in 10 contracts

Samples: Accounting Services Agreement (Highland Institutional Floating Rate Income Fund), Accounting Services Agreement (Highland Floating Rate LTD Liability Co), Accounting Services Agreement (Highland Floating Rate 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 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 7 contracts

Samples: Administration, Accounting and Investor Services Agreement (Hatteras Master Fund, L.P.), Administration, Accounting and Investor Services Agreement (Hatteras Multi-Strategy Fund I, L.P.), Administration, Accounting and Investor Services Agreement (Gam Avalon Multi-Global Lp)

Disaster Recovery. PFPC PNC 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 PNC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC PNC 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 PFPCPNC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 6 contracts

Samples: Administration and Accounting Services Agreement (First Trust Senior Floating Rate Income Fund Ii), Transfer Agency Services Agreement (First Trust Senior Floating Rate Income Fund Ii), Transfer Agency Services Agreement (First Trust Global Credit Strategies Fund)

Disaster Recovery. PFPC PNC 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 PNC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC PNC 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 PNC’s own willful misfeasance, bad faith, gross negligence or reckless disregard breach of its Standard of Care (defined in Section 10 below) in performing its duties or obligations under this Agreement.

Appears in 5 contracts

Samples: Administration, Accounting and Investor Services Agreement (Wells Fargo Multi-Strategy 100 Fund A, LLC), Administration, Accounting and Investor Services Agreement (Wells Fargo Multi-Strategy 100 Tei Fund A, LLC), Administration, Accounting and Investor Services Agreement (Wells Fargo Multi-Strategy 100 Fund I, 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, 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 5 contracts

Samples: Transfer Agency Agreement (Blackrock Bond Allocation Target Shares), Transfer Agency Agreement (BlackRock Funds II), Transfer Agency Services Agreement (Blackrock Liquidity Funds)

Disaster Recovery. PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions provision 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 a Fund, take reasonable steps to minimize service interruptions. PFPC shall have no liability interruptions 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 AgreementFund.

Appears in 5 contracts

Samples: Accounting Services Agreement (Schwab Annuity Portfolios), Accounting Services Agreement (Schwab Charles Family of Funds), Accounting Services Agreement (Schwab Capital 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 a 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 5 contracts

Samples: Board Administration Services Agreement (First Trust Exchange-Traded Fund), Transfer Agency Services Agreement (Allegiant Advantage Fund), Transfer Agency Services Agreement (Allegiant 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 a 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 (Eip Investment Trust), Transfer Agency Services Agreement (Eip Investment Trust), Administration and Accounting 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 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: Accounting Services Agreement (Conseco Strategic Income Fund), Transfer Agency Services Agreement (TCW Galileo Funds Inc), Transfer Agency Services Agreement (Provident Institutional 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 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 4 contracts

Samples: Accounting Services Agreement (Bb&t Funds /), Accounting Services Agreement (BB&T Variable Insurance Funds), Compliance Support Services Agreement (Bb&t 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 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 ’s own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 4 contracts

Samples: Accounting Services Agreement (Highland Credit Strategies Fund), Accounting Services Agreement (Highland Funds I), Transfer Agency Services Agreement (Highland Credit Strategies 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 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 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 FundPortfolios, 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 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 Agreementthereto.

Appears in 3 contracts

Samples: Co Administration Agreement (Credit Suisse Trust), Co Administration Agreement (Warburg Pincus Trust), Co Administration Agreement (Warburg Pincus 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 any Fund, take make all 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 3 contracts

Samples: Transfer Agency Services Agreement (Managers Amg Funds), Transfer Agency Services Agreement (Managers Funds), Transfer Agency Services Agreement (Managers 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 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 3 contracts

Samples: Transfer Agency Agreement (Merrill Lynch Multi State Municipal Series Trust), Transfer Agency Agreement (BlackRock Variable Series Funds, Inc.), Transfer Agency Agreement (Merrill Lynch Bond 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 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 ’s own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 3 contracts

Samples: Investor Services Agreement (Highland Capital Multi-Strategy Fund), Accounting Services Agreement (Highland Capital Multi-Strategy Fund), Transfer Agency Services Agreement (Highland Capital Multi-Strategy Fund)

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 FundPortfolio, 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 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 Agreementthereto.

Appears in 3 contracts

Samples: Co Administration Agreement (Warburg Pincus Institutional Fund Inc), Co Administration Agreement (Warburg Pincus Institutional Fund Inc), Co Administration Agreement (Warburg Pincus Institutional Fund Inc)

Disaster Recovery. PFPC PNC 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 PNC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC PNC 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 PNC’s own willful misfeasanceintentional misconduct, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Administration Assistance Services Agreement (Meridian Fund Inc), Shareholder Services Agreement (Meridian 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, 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 2 contracts

Samples: Transfer Agency and Blue Sky Services Agreement (BB&T Variable Insurance Funds), Transfer Agency and Blue Sky Services Agreement (Bb&t 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 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 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 ’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 (FundVantage Trust), Investment Company Services Agreement (Matthews International Funds)

Disaster Recovery. PFPC PNC 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 PNC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC PNC 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 PFPCPNC's own willful misfeasanceintentional misconduct, bad faith, faith or gross negligence or reckless disregard in the performance of its duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Transfer Agency Services Agreement (Voya Enhanced Securitized Income Fund), Transfer Agency Services Agreement (Firsthand 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 availableequipment. 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 ’s own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Accounting Services Agreement (Highland Distressed Opportunities Fund, Inc.), Transfer Agency Services Agreement (Highland Distressed Opportunities Fund, Inc.)

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 Fund, 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 2 contracts

Samples: Administration and Accounting Services Agreement (RBB Fund Inc), Administration and Accounting Services 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 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.. A summary of PFPC's Disaster Recovery Plan is attached hereto as Exhibit D.

Appears in 2 contracts

Samples: Transfer Agency Services Agreement (Atlas Funds), Transfer Agency Services Agreement (Atlas Insurance 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 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 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 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 PNC 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 PNC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC PNC 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 PNC’s own willful misfeasanceintentional misconduct, bad faith, faith or gross negligence or reckless disregard in the performance of its duties or obligations under set forth in this Agreement.

Appears in 1 contract

Samples: Transfer Agency 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 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 ’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 (Highland Special Situations Fund 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 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 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 available. In the event of equipment failures, PFPC shall, at no additional expense to the FundPLAC, 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 and Accounting Services Agreement (Phoenix Life & Annuity Variable Universal Life Account)

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 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 (Advantage Advisers Multi - Sector Fund I)

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 ’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 (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 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: Fund and Investor Accounting Services Agreement (Oppenheimer Tremont 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 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: Fund and Investor Accounting Services Agreement (Oppenheimer Tremont Market Neutral 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 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 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)

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 ’s own willful misfeasanceintentional misconduct, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (IndexIQ Trust)

Disaster Recovery. PFPC PNC 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 PNC shall, at no additional expense to the Adviser or the Fund, take reasonable steps to minimize service interruptions. PFPC PNC 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 PNC’s own willful misfeasanceintentional misconduct, bad faith, faith or gross negligence or reckless disregard of with respect to its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Sub Administration and Accounting Services Agreement (Firsthand 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 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: Transfer Agency 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 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 ’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: 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 available. In the event of equipment failures, PFPC shall, at no additional expense to the FundPNC, 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: Sub Administration Services Agreement (PNC 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 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 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 or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Custodian Services Agreement (Meridian Fund Inc)

Disaster Recovery. PFPC PNC 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 PNC shall, at no additional expense to the FundPartnership, take reasonable steps to minimize service interruptions. PFPC PNC 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 PNC’s own willful misfeasance, bad faith, gross negligence or reckless disregard breach of its Standard of Care (defined in Section 10 below) in the performance of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Administration, Accounting and Investor Services Agreement (Superfund Gold, L.P.)

Disaster Recovery. PFPC PNC 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 PNC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC PNC 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 PNC’s own willful misfeasanceintentional misconduct, bad faith, faith or gross negligence or reckless disregard of with respect to its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Administration and Accounting Services Agreement (Industry Leaders 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 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, provided such loss or interruption is not caused by PFPC's ’s own willful misfeasanceintentional misconduct, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (PIMCO Income Opportunity 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, 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 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 Fund, 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 failure 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: Administration and Accounting Services Agreement (American Skandia 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 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 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: Administration, Accounting and Investor Services 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 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 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 negligence, willful misfeasance, bad faith, gross negligence misfeasance or reckless disregard of its duties or obligations under this Agreementfraud.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (Afl Cio Housing 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 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 ’s failure to meet its Standard of its duties or obligations under this AgreementCare (as defined in Section 12).

Appears in 1 contract

Samples: Transfer Agency Services Agreement (Pax World Balanced 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 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: Transfer Agency Services Agreement (Boulder Growth & 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 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 to the extent appropriate equipment is available. The Administrator and the Fund shall have the right to review any such agreement or arrangement. In the event of equipment failures, PFPC shall, at no additional expense to the FundFund or the Administrator, take make reasonable steps best 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.service

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 ’s failure to meet its Standard of its duties or obligations Care (defined in Section 12 below) under this Agreement.

Appears in 1 contract

Samples: Administration, Accounting and Investor Services Agreement (UBS Enso 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 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 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 FundAdministrator, 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 misfeasanceintentional misconduct, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Accounting Services Agreement (Longleaf Partners Funds Trust)

Disaster Recovery. PFPC PNC 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 PNC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC PNC 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 PNC’s own willful misfeasanceintentional misconduct, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

Appears in 1 contract

Samples: Accounting Services Agreement (Meridian Fund Inc)

Disaster Recovery. PFPC shall enter make reasonable provisions, which may be accomplished by entering into and shall maintain maintaining in effect with appropriate parties one or more agreements making reasonable provisions agreements, 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: Administration Agreement (Forward 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 FundPHLVIC, 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 and Accounting Services Agreement (PHL Variable Accumulation Account)

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