Common use of Disaster Recovery Clause in Contracts

Disaster Recovery. BNYM 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. In the event of equipment failures, BNYM shall, at no additional expense to the Fund, take all commercially reasonable steps to minimize service interruptions. BNYM 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 BNYM’s breach of its Standard of Care as defined under this Agreement.

Appears in 6 contracts

Samples: Transfer Agency and Shareholder Services Agreement (Touchstone Tax Free Trust), Transfer Agency and Shareholder Services Agreement (Touchstone Institutional Funds Trust), Transfer Agency and Shareholder Services Agreement (Touchstone Variable Series Trust)

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Disaster Recovery. BNYM 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 equipmentequipment to the extent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to the Fund, take all commercially reasonable steps to minimize service interruptions. BNYM 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 BNYM’s breach own intentional misconduct, bad faith or reckless disregard in the performance of its Standard of Care as defined duties under this Agreement.

Appears in 6 contracts

Samples: Transfer Agency and Shareholder Services Agreement (GuideStone Funds), Transfer Agency and Shareholder Services Agreement (Sit Mutual Funds Inc), Transfer Agency and Shareholder Services Agreement (Wilmington Funds)

Disaster Recovery. BNYM 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 equipmentequipment designed to ensure continuity of services provided to the Fund. In the event of equipment failures, BNYM shall, at no additional expense to the a Fund, take all commercially reasonable steps to minimize service interruptions. BNYM 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 BNYM’s breach of own intentional misconduct, bad faith or gross negligence with respect to its Standard of Care as defined duties under this Agreement.

Appears in 6 contracts

Samples: Sub Administration and Accounting Services Agreement (Touchstone Tax Free Trust), Sub Administration and Accounting Services Agreement (Touchstone Variable Series Trust), Sub Administration and Accounting Services Agreement (Touchstone Institutional Funds Trust)

Disaster Recovery. BNYM 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 equipmentequipment designed to ensure continuity of services provided to the Fund. In the event of equipment failures, BNYM shall, at no additional expense to the a Fund, take all commercially reasonable steps to minimize service interruptions. BNYM shall have no liability with respect to the loss of data or service interruptions caused by equipment failure, provided BNYM’s own intentional misconduct, bad faith, or gross negligence does not cause such loss or interruption is not caused by BNYM’s breach of its Standard of Care as defined under this Agreementinterruption.

Appears in 5 contracts

Samples: Sub Administration and Accounting Services Agreement (Touchstone Institutional Funds Trust), Sub Administration and Accounting Services Agreement (Touchstone Variable Series Trust), Sub Administration and Accounting Services Agreement (Touchstone Strategic Trust)

Disaster Recovery. BNYM 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 equipmentequipment to the extent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to the Fund, take all commercially reasonable steps to minimize service interruptions. BNYM 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 BNYM’s breach 's own intentional misconduct, bad faith or gross negligence in the performance of its Standard of Care as defined duties under this Agreement.

Appears in 3 contracts

Samples: Transfer Agency Services Agreement (Destra Investment Trust), Transfer Agency Services Agreement (Bennett Global Funds), Transfer Agency Services Agreement (Firsthand Technology Value Fund, Inc.)

Disaster Recovery. BNYM 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 equipmentequipment to the extent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to the a Fund, take all commercially reasonable steps to minimize service interruptions. BNYM 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 BNYM’s breach of own intentional misconduct, bad faith or gross negligence with respect to its Standard of Care as defined duties under this Agreement.

Appears in 3 contracts

Samples: Sub Administration and Accounting Services Agreement (Touchstone Funds Group Trust), Sub Administration and Accounting Services Agreement (Touchstone Strategic Trust), Sub Administration and Accounting Services Agreement (Touchstone Investment Trust)

Disaster Recovery. BNYM 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 equipmentequipment to the extent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to the Fund, take all commercially reasonable steps to minimize service interruptions. BNYM 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 BNYM’s breach 's own intentional misconduct, bad faith or reckless disregard in the performance of its Standard of Care as defined duties under this Agreement.

Appears in 3 contracts

Samples: Transfer Agency and Shareholder Services Agreement (Touchstone Investment Trust), Transfer Agency and Shareholder Services Agreement (Touchstone Funds Group Trust), Transfer Agency and Shareholder Services Agreement (Touchstone Strategic Trust)

Disaster Recovery. BNYM 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 equipmentConfidential And Proprietary Execution Version equipment to the extent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to the Fund, take all commercially reasonable steps to minimize service interruptions. BNYM 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 BNYM’s breach own intentional misconduct, bad faith or reckless disregard in the performance of its Standard of Care as defined duties under this Agreement.

Appears in 2 contracts

Samples: Transfer Agency and Shareholder Services Agreement (Sit Mutual Funds Inc), Transfer Agency and Shareholder Services Agreement (Sit Mutual Funds Ii Inc)

Disaster Recovery. BNYM 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 equipmentequipment designed to ensure continuity of services provided to the Fund. In the event of equipment failures, BNYM shall, at no additional expense to the Fund, take all commercially reasonable steps to minimize service interruptions. BNYM 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 BNYM’s breach of own intentional misconduct, willful misfeasance, bad faith or negligence with respect to its Standard of Care as defined duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Administration and Accounting Services Agreement (Bennett Group Master Funds), Administration and Accounting Services Agreement (Bennett Group of Funds)

Disaster Recovery. BNYM 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 equipmentequipment to the extent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to the Fund, take all commercially reasonable steps to minimize service interruptions. BNYM 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 BNYM’s own breach of its Standard of Care as (defined in Section 10 below) in performing its duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Accounting and Investor Services Agreement (J.P. Morgan Access Multi-Strategy Fund II), Accounting and Investor Services Agreement (Jp Morgan Access Multi-Strategy Fund LLC)

Disaster Recovery. BNYM 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 equipmentequipment to the extent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to the Fund, take all commercially reasonable steps to minimize service interruptions. BNYM 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 BNYM’s breach 's own intentional misconduct, willful misfeasance, bad faith or negligence in the performance of its Standard of Care as defined duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Transfer Agency Services Agreement (Bennett Group Master Funds), Transfer Agency Services Agreement (Bennett Group of Funds)

Disaster Recovery. BNYM 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. In the event of equipment failures, BNYM shall, at no additional expense to the Fund, take all commercially reasonable steps to minimize service interruptions. BNYM 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 BNYM’s breach own willful misfeasance, bad faith, gross negligence or reckless disregard of its Standard of Care as defined duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Accounting Services Agreement (Ge Funds), Transfer Agency Services Agreement (Ge Funds)

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Disaster Recovery. BNYM 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 equipmentequipment to the extent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to the Fund, take all commercially reasonable steps to minimize service interruptions. BNYM 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 BNYM’s breach of 's failure to meet its Standard of Care as (defined in Section 12 below) under this Agreement.

Appears in 1 contract

Samples: Administration, Accounting and Investor Services Agreement (O'Connor Fund of Funds: Multi-Strategy)

Disaster Recovery. BNYM 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 equipmentequipment to the extent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to the Fund, take all commercially reasonable steps to minimize service interruptions. BNYM 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 BNYM’s breach of own intentional misconduct, bad faith or gross negligence with respect to its Standard of Care as defined duties under this Agreement.

Appears in 1 contract

Samples: Administration and Accounting Services Agreement (Bennett Global Funds)

Disaster Recovery. BNYM 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 equipmentequipment to the extent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to the Fund, take all commercially reasonable steps to minimize service interruptions. BNYM 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 BNYM’s breach own intentional misconduct, bad faith, negligence or reckless disregard of its Standard of Care as defined duties or obligations under this Agreement.

Appears in 1 contract

Samples: Transfer Agency Services Agreement (PIMCO Dynamic Income Fund)

Disaster Recovery. BNYM 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 equipmentequipment to the extent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to the Fund, take all commercially reasonable steps to minimize service interruptions. BNYM 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 BNYM’s breach own negligence, intentional misconduct, bad faith or reckless disregard in the performance of its Standard of Care as defined duties under this Agreement.

Appears in 1 contract

Samples: Transfer Agency and Shareholder Services Agreement (Bluepoint Investment Series Trust)

Disaster Recovery. BNYM 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 equipmentequipment to the extent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to the Fund, take all commercially reasonable steps to minimize service interruptions. BNYM 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 BNYM’s breach 's own intentional misconduct, bad faith or reckless disregard in the performance of its Standard of Care as defined duties under this AgreementAgreement and it maintains and acts in accordance with its business continuity plan, which it shall make available to the Fund (in full or summary form) upon reasonable request.

Appears in 1 contract

Samples: Transfer Agency and Shareholder Services Agreement (Eaton Vance Growth Trust)

Disaster Recovery. BNYM 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. equipment to the extent appropriate equipment is available, In the event of equipment failures, BNYM shall, at no additional expense to the Fund, take all commercially reasonable steps to minimize service interruptions. BNYM 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 BNYM’s breach own intentional misconduct, bad faith or reckless disregard in the performance of its Standard of Care as defined duties under this Agreement.

Appears in 1 contract

Samples: Transfer Agency and Shareholder Services Agreement (Stratton Funds, Inc.)

Disaster Recovery. BNYM 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 equipmentequipment to the extent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to the Fund, take all commercially reasonable steps to minimize service interruptions. BNYM 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 BNYM’s breach own intentional misconduct, bad faith or gross negligence in the performance of its Standard of Care as defined duties under this Agreement.

Appears in 1 contract

Samples: Transfer Agency and Shareholder Services Agreement (Plan Investment Fund Inc)

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