Common use of Enterprise Nature of Services Clause in Contracts

Enterprise Nature of Services. 29.1 Notwithstanding any other provision of this Agreement, in furnishing the services provided for in this Agreement or any component or segment of such services BNYM may utilize any combination of its own properly trained and, where required, licensed employees (“Employees”), facilities, equipment, systems and other resources and the Employees, facilities, equipment, systems and other resources of its affiliates, including Employees, facilities, equipment, systems and other resources shared by BNYM and the affiliates, and BNYM may satisfy its obligations under this Agreement directly or through affiliates. References to Employees, facilities, equipment, systems or other resources of BNYM in this Agreement shall mean Employees, facilities, equipment, systems or other resources of BNYM and its affiliates considered collectively. Notwithstanding the foregoing, when utilizing affiliates to perform Restricted Duties in reliance on this Article 29.1 (in lieu of reliance on Article 4.1), BNYM may utilize only Employees of affiliates that are SEC-registered transfer agents. Notwithstanding the foregoing, nothing in this Section 29.1 shall have the effect of transferring any responsibility or liability of BNYM to any other entity, including the affiliates; provided, however, that nothing in this sentence shall prevent a Fund from seeking an injunction against an affiliate on any basis for which this Agreement permits the Fund to seek an injunction against the Transfer Agent.