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 commercially reasonable provisions for emergency use of electronic data processing equipment designed to ensure continuity of services provided to the Fund. In the event of equipment failures, BNYM shall, at no additional expense to 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 own intentional misconduct, bad faith or gross negligence with respect to its 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 Institutional Funds Trust), Sub Administration and Accounting 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 commercially reasonable provisions for emergency use of electronic data processing equipment designed to ensure continuity of services provided to the Fundextent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to a 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 intentional misconduct, bad faith or gross negligence with respect to reckless disregard in the performance of its duties under this Agreement.

Appears in 6 contracts

Samples: Transfer Agency and Shareholder Services Agreement (GuideStone Funds), Agency and 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 equipment designed to ensure continuity of services provided to the Fundequipment. In the event of equipment failures, BNYM shall, at no additional expense to a 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 intentional misconduct, bad faith or gross negligence with respect to breach of its duties 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)

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 equipment designed to ensure continuity of services provided to the Fund. In the event of equipment failures, BNYM shall, at no additional expense to 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 own intentional misconduct, bad faith faith, or gross negligence with respect to its duties under this Agreementdoes not cause such loss or interruption.

Appears in 5 contracts

Samples: Sub Administration and Accounting Services Agreement (Touchstone Variable Series Trust), Sub Administration and Accounting Services Agreement (Touchstone Funds Group Trust), 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 equipment designed to ensure continuity of services provided to the Fundextent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to a 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 's own intentional misconduct, bad faith or gross negligence with respect to reckless disregard in the performance of its duties under this Agreement.

Appears in 3 contracts

Samples: Form of Transfer Agency and Shareholder Services Agreement (Touchstone Strategic Trust), Form of Transfer Agency and Shareholder Services Agreement (Touchstone Investment Trust), Form of Transfer Agency and Shareholder Services Agreement (Touchstone Funds Group 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 equipment designed to ensure continuity of services provided to the Fundextent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to 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 own intentional misconduct, bad faith or gross negligence with respect to its duties under this Agreement.

Appears in 3 contracts

Samples: Form of Sub Administration and Accounting Services Agreement (Touchstone Strategic Trust), Form of Sub Administration and Accounting Services Agreement (Touchstone Funds Group Trust), Form of 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 commercially reasonable provisions for emergency use of electronic data processing equipment designed to ensure continuity of services provided to the Fundextent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to a 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 's own intentional misconduct, bad faith or gross negligence with respect to in the performance of its 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 commercially reasonable provisions for emergency use of electronic data processing equipment designed to ensure continuity of services provided to the Fundextent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to a 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 intentional misconduct, bad faith or gross negligence with respect to breach of its Standard of Care (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 commercially reasonable provisions for emergency use of electronic data processing Confidential And Proprietary Execution Version equipment designed to ensure continuity of services provided to the Fundextent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to a 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 intentional misconduct, bad faith or gross negligence with respect to reckless disregard in the performance of its 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 commercially reasonable provisions for emergency use of electronic data processing equipment designed to ensure continuity of services provided to the Fundextent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to a 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 's own intentional misconduct, willful misfeasance, bad faith or gross negligence with respect to in the performance of its 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 commercially reasonable provisions for emergency use of electronic data processing equipment designed to ensure continuity of services provided to the Fund. In the event of equipment failures, BNYM shall, at no additional expense to a 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 intentional misconduct, willful misfeasance, bad faith or gross negligence with respect to its 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 commercially reasonable provisions for emergency use of electronic data processing equipment designed to ensure continuity of services provided to the Fundequipment. In the event of equipment failures, BNYM shall, at no additional expense to a 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 intentional misconductwillful misfeasance, bad faith or faith, gross negligence with respect to or reckless disregard of its duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Form of Accounting Services Agreement (Ge Funds), Form of 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 commercially reasonable provisions for emergency use of electronic data processing equipment designed to ensure continuity of services provided to the Fundextent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to a 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 intentional misconduct, bad faith faith, negligence or gross negligence with respect to reckless disregard of its 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 commercially reasonable provisions for emergency use of electronic data processing equipment designed to ensure continuity of services provided to the Fundextent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to a 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 intentional misconduct, bad faith or gross negligence with respect to its 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 commercially reasonable provisions for emergency use of electronic data processing equipment designed to ensure continuity of services provided to the Fund. extent appropriate equipment is available, In the event of equipment failures, BNYM shall, at no additional expense to a 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 intentional misconduct, bad faith or gross negligence with respect to reckless disregard in the performance of its 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 commercially reasonable provisions for emergency use of electronic data processing equipment designed to ensure continuity of services provided to the Fundextent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to a 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 negligence, intentional misconduct, bad faith or gross negligence with respect to reckless disregard in the performance of its 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 commercially reasonable provisions for emergency use of electronic data processing equipment designed to ensure continuity of services provided to the Fundextent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to a 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 intentional misconduct, bad faith or gross negligence with respect to in the performance of its duties under this Agreement.

Appears in 1 contract

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

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 equipment designed to ensure continuity of services provided to the Fundextent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to a 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 intentional misconduct, bad faith or gross negligence with respect 's failure to meet its duties Standard of Care (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 commercially reasonable provisions for emergency use of electronic data processing equipment designed to ensure continuity of services provided to the Fundextent appropriate equipment is available. In the event of equipment failures, BNYM shall, at no additional expense to a 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 's own intentional misconduct, bad faith or gross negligence with respect to reckless disregard in the performance of its 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)

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