Fixed Income Risk Analytics. BNY Mellon shall calculate the portfolio and security-level risk metrics required within Form N-PORT and Form N-CEN (referenced above). 2. BNY Mellon has entered into an agreement with a financial printer (the “Print Vendor”) for the Print Vendor to provide to BNY Mellon the ability to generate the reports described herein for its clients. BNY Mellon will provide the Funds with no less than one-hundred and eighty (180) days’ advance notice if BNY Mellon is unable to provide such services as contemplated herein due to an inability to contract with a Print Vendor to provide the necessary functionality to support such services. Upon communication of such information, the Funds may terminate this Amendment by giving BNY Mellon a termination notice in writing specifying the date of such termination. If BNY Mellon is unable to provide such services as contemplated herein, BNY Mellon also agrees to waive any fees it would otherwise be able to collect under the agreement and would return to the Funds any fees already paid for services not yet performed. 3. Except to the extent caused by the lack of good faith, willful misconduct, or negligence of BNY Mellon and/or its agents in carrying out its duties and responsibilities under this Amendment, BNY Mellon shall not be responsible for: (a) delays in the transmission to it by the Funds, the Funds’ adviser and entities unaffiliated with BNY Mellon (collectively, for this Amendment, “Third Parties”) of data required for the preparation of reports described herein, (b) inaccuracies of, errors in or omissions of, such data provided to it by any Third Party, and (c) validation of such data provided to it by any Third Party. This Section 3 is a limitation of responsibility provision for the benefit of BNY Mellon, and shall not be used to imply any responsibility or liability against BNY Mellon. 4. The Funds, in a timely manner, shall review and comment on, and, as the Funds deem necessary, cause their counsel and/or accountants to review and comment on, each report described herein. The Funds shall provide timely sign-off of, and authorization and direction to file, each such report. Absent such timely sign-off, authorization and direction by the Funds, BNY Mellon shall be excused from its obligations to file the affected report, but only until such time as BNY Mellon receives such sign-off, authorization and direction by the Funds, at which point BNY Mellon shall promptly file the report. BNY Mellon is providing the services related to the filing of such reports based on the acknowledgement of the Funds that such services, together with the activities of the Funds in accordance with their internal policies, procedures and controls, shall together satisfy the requirements of the applicable rules and regulations for each such report. 5. The Funds shall be responsible for the retention of the filed reports described herein in accordance with any applicable rule or regulation. 6. Notwithstanding any provision of this Amendment, the services described herein are not, nor shall they be construed as constituting, legal advice or the provision of legal services for or on behalf of the Funds or any other person. Neither this Amendment nor the provision of the services establishes or is intended to establish an attorney-client relationship between BNY Mellon and the Funds or any other person. 7. As compensation for the services described herein, the Funds will pay to BNY Mellon such fees as may be agreed to in writing by the Funds and BNY Mellon. In turn, BNY Mellon will be responsible for paying the Print Vendor’s fees. For the avoidance of doubt, the fees charged by the Print Vendor will not equal the fees charged by BNY Mellon, nor shall such fees be considered an out-of-pocket expense; BNY Mellon anticipates that the fees it charges hereunder will be more than the fees charged to it by the Print Vendor.
Appears in 15 contracts
Samples: Fund Accounting Agreement (Voya EQUITY TRUST), Fund Accounting Agreement (Voya FUNDS TRUST), Fund Accounting Agreement (Voya Separate Portfolios Trust)
Fixed Income Risk Analytics. BNY Mellon shall calculate the portfolio and security-level risk metrics required within Form N-PORT and Form N-CEN (referenced above).
2. BNY Mellon has entered into an agreement with a financial printer (the “"Print Vendor”") for the Print Vendor to provide to BNY Mellon the ability to generate the reports described herein for its clients. BNY Mellon will provide the Funds with no less than one-hundred and eighty (180) days’ ' advance notice if BNY Mellon is unable to provide such services as contemplated herein due to an inability to contract with a Print Vendor to provide the necessary functionality to support such services. Upon communication of such information, the Funds may terminate this Amendment by giving BNY Mellon a termination notice in writing specifying the date of such termination. If BNY Mellon is unable to provide such services as contemplated herein, BNY Mellon also agrees to waive any fees it would otherwise be able to collect under the agreement and would return to the Funds any fees already paid for services not yet performed.
3. Except to the extent caused by the lack of good faith, willful misconduct, or negligence of BNY Mellon and/or its agents in carrying out its duties and responsibilities under this Amendment, BNY Mellon shall not be responsible for: (a) delays in the transmission to it by the Funds, the Funds’ ' adviser and entities unaffiliated with BNY Mellon (collectively, for this Amendment, “"Third Parties”") of data required for the preparation of reports described herein, (b) inaccuracies of, errors in or omissions of, such data provided to it by any Third Party, and (c) validation of such data provided to it by any Third Party. This Section 3 is a limitation of responsibility provision for the benefit of BNY Mellon, and shall not be used to imply any responsibility or liability against BNY Mellon.
4. The Funds, in a timely manner, shall review and comment on, and, as the Funds deem necessary, cause their counsel and/or accountants to review and comment on, each report described herein. The Funds shall provide timely sign-off of, and authorization and direction to file, each such report. Absent such timely sign-off, authorization and direction by the Funds, BNY Mellon shall be excused from its obligations to file the affected report, but only until such time as BNY Mellon receives such sign-off, authorization and direction by the Funds, at which point BNY Mellon shall promptly file the report. BNY Mellon is providing the services related to the filing of such reports based on the acknowledgement of the Funds that such services, together with the activities of the Funds in accordance with their internal policies, procedures and controls, shall together satisfy the requirements of the applicable rules and regulations for each such report.
5. The Funds shall be responsible for the retention of the filed reports described herein in accordance with any applicable rule or regulation.
6. Notwithstanding any provision of this Amendment, the services described herein are not, nor shall they be construed as constituting, legal advice or the provision of legal services for or on behalf of the Funds or any other person. Neither this Amendment nor the provision of the services establishes or is intended to establish an attorney-client relationship between BNY Mellon and the Funds or any other person.
7. As compensation for the services described herein, the Funds will pay to BNY Mellon such fees as may be agreed to in writing by the Funds and BNY Mellon. In turn, BNY Mellon will be responsible for paying the Print Vendor’s 's fees. For the avoidance of doubt, the fees charged by the Print Vendor will not equal the fees charged by BNY Mellon, nor shall such fees be considered an out-of-of- pocket expense; BNY Mellon anticipates that the fees it charges hereunder will be more than the fees charged to it by the Print Vendor.
Appears in 2 contracts
Samples: Fund Accounting Agreement (Voya Credit Income Fund), Fund Accounting Agreement (Voya Enhanced Securitized Income Fund)
Fixed Income Risk Analytics. BNY Mellon shall calculate the portfolio and security-level risk metrics required within Form N-PORT and Form N-CEN (referenced above).
2. BNY Mellon has entered into an agreement with a financial printer (the “Print Vendor”) for the Print Vendor to provide to BNY Mellon the ability to generate the reports described herein for its clients.
3. BNY Mellon will provide the Funds with no less than one-hundred and eighty (180) days’ advance notice if BNY Mellon is unable to provide such services as contemplated herein due to an inability to contract with a Print Vendor to provide the necessary functionality to support such services. Upon communication of such information, the Funds Either party may terminate this Amendment by giving BNY Mellon to the other party a termination notice in writing specifying the date of termination, which shall not be less than ninety (90) days after the date of such termination. If BNY Mellon is unable to provide such services as contemplated herein, BNY Mellon also agrees to waive any fees it would otherwise be able to collect under the agreement and would return to the Funds any fees already paid for services not yet performednotice.
34. Except to the extent caused by the lack of good faith, willful misconduct, or negligence of BNY Mellon and/or its agents in carrying out its duties and responsibilities under this Amendmentmay be liable pursuant to Section 13 of the Agreement, BNY Mellon shall not be responsible for: (a) delays in the transmission to it by the Funds, the Funds’ adviser and entities unaffiliated with BNY Mellon (collectively, for this Amendment, “Third Parties”) of data required for the preparation of reports described herein, (b) inaccuracies of, errors in or omissions of, such data provided to it by any Third Party, and (c) validation of such data provided to it by any Third Party. This Section 3 4 is a limitation of responsibility provision for the benefit of BNY Mellon, and shall not be used to imply any responsibility or liability against BNY Mellon.
45. The Administrator and the Funds, in a timely manner, shall review and comment on, and, as the Administrator and the Funds deem necessary, cause their its counsel and/or accountants to review and comment on, each report described herein. The Administrator or the Funds shall provide timely sign-off of, and authorization and direction to file, each such report. Absent such timely sign-off, authorization and direction by the Administrator or the Funds, BNY Mellon shall be excused from its obligations to prepare and file the affected report, but only until such time as except to the extent BNY Mellon receives such sign-off, authorization and direction by may be liable pursuant to Section 13 of the Funds, at which point BNY Mellon shall promptly file the reportAgreement. BNY Mellon is providing the services related to the filing of such reports based on the acknowledgement of the Funds and the Administrator that such services, together with the activities of the Administrator and the Funds in accordance with their internal policies, procedures and controls, shall together satisfy the requirements of the applicable rules and regulations for each such report.
56. The Funds shall be responsible for the retention of the filed reports described herein in accordance with any applicable rule or regulation.
67. Notwithstanding any provision of this Amendment, the services described herein are not, nor shall they be construed as constituting, legal advice or the provision of legal services for or on behalf of the Administrator, the Funds or any other person. Neither this Amendment nor the provision of the services establishes or is intended to establish an attorney-client relationship between BNY Mellon and the Administrator, the Funds or any other person.
78. As compensation for the services described herein, the Funds Administrator will pay to BNY Mellon such fees as may be agreed to in writing by the Funds Administrator and BNY Mellon. In turn, BNY Mellon will be responsible for paying the Print Vendor’s fees. For the avoidance of doubt, the fees charged by the Print Vendor will not equal the fees charged by BNY Mellon, nor shall such fees be considered an out-of-pocket expense; , BNY Mellon anticipates that the fees it charges hereunder will be more than the fees charged to it by the Print Vendor.
Appears in 1 contract
Samples: Sub Administration Services Agreement (Sterling Capital Funds)
Fixed Income Risk Analytics. BNY Mellon shall calculate the portfolio and security-level risk metrics required within Form N-PORT and Form N-CEN (referenced aboveabove in this section).
2. • Liquidity Rule Analysis. If agreed by BNY Mellon has entered into an agreement with respect to a financial printer (the “Print Vendor”) for the Print Vendor to provide to particular Series, BNY Mellon shall perform a daily analysis for liquidity classifications and monitor liquidity thresholds per the ability to generate the reports described herein requirements for its clientsForm N-PORT and Form N-CEN (referenced above) and Rule 22e-4. BNY Mellon will provide the Funds with no less than one-hundred and eighty (180) days’ advance notice if • The analysis provided by BNY Mellon is unable subject to provide and dependent upon the Fund providing all necessary security classifications and percentage thresholds necessary to perform such services as contemplated herein due to an inability to contract with a Print Vendor to provide analysis. The parties hereto acknowledge that the necessary functionality to support such servicesFund is solely responsible for the adoption, adequacy and effectiveness of the Fund’s liquidity risk management program. Upon communication of such information, the Funds may terminate this Amendment by giving BNY Mellon a termination notice in writing specifying the date of such termination. If BNY Mellon is unable to provide such services as contemplated herein, BNY Mellon also agrees to waive any fees it would otherwise be able to collect under the agreement and would return to the Funds any fees already paid for services not yet performed.
3. Except to the extent caused by the lack of good faith, willful misconduct, or negligence of BNY Mellon and/or its agents in carrying out its duties and responsibilities under this Amendment, • BNY Mellon shall not be responsible for: (a) delays in the transmission to it by the FundsFund, the Funds’ Fund’s adviser and entities unaffiliated with BNY Mellon (collectively, for this AmendmentSection, “Third Parties”) of data required for the preparation of reports described herein, (b) inaccuracies of, errors in or omissions of, such data provided to it by any Third Party, and (c) validation of such data provided to it by any Third Party. This Section 3 is a limitation of responsibility provision for the benefit of BNY Mellon, and shall not be used to imply any responsibility or liability against BNY Mellon.
4. • The FundsFund, in a timely manner, shall review and comment on, and, as the Funds deem Fund deems necessary, cause their its counsel and/or and accountants to review and comment on, the preparation of each report described hereinin this section. The Funds Fund shall provide to BNY Mellon timely sign-off of, on the preparation of each such report and timely authorization and direction to file, file each such report. Absent such timely sign-off, authorization and direction by the FundsFund, BNY Mellon shall be excused from its obligations to prepare the affected report and to file the affected report, but only until such time as BNY Mellon receives such sign-off, authorization and direction by the Funds, at which point BNY Mellon shall promptly file the report. BNY Mellon is providing the services related to the filing of such reports based on the acknowledgement of the Funds Fund that such services, together with the activities of the Funds Fund in accordance with their its internal policies, procedures and controls, shall together satisfy the requirements of the applicable rules and regulations for each such report.
5. The Funds • For such time as this section remains in effect, BNY Mellon shall be responsible for the retention of the filed reports described herein in this section in accordance with any applicable rule or regulation.
6. Notwithstanding any provision • Typesetting Services • Create financial compositions for the applicable financial report and related XXXXX files; • Maintain country codes, industry class codes, security class codes and state codes; • Map individual general ledger accounts into master accounts to be displayed in the applicable financial reports; • Create components that will specify the proper grouping and sorting for display of this Amendmentportfolio information; • Create components that will specify the proper calculation and display of financial data required for each applicable financial report (except for identified manual entries, which BNY Mellon will enter); • Process, convert and load security and general ledger data; • Include data in financial reports provided from external parties to BNY Mellon which includes, but is not limited to: shareholder letters, “Management Discussion and Analysis” commentary, notes on performance, notes to financials, report of independent auditors, Fund management listing, service providers listing and Fund spectrums; • Document publishing, including the services described herein are not, nor shall they output of print-ready PDF files and XXXXX html files (such XXXXX html files will be construed as constituting, legal advice or limited to one per the provision of legal services for or on behalf of the Funds or any other person. Neither this Amendment nor the provision of the services establishes or is intended applicable financial report and unless mutually agreed to establish an attorney-client relationship in writing between BNY Mellon and the Funds or any other person.
7. As compensation for the services described herein, the Funds will pay to BNY Mellon such fees as may be agreed to in writing by the Funds and BNY Mellon. In turnFund, BNY Mellon will be responsible use the same layout for paying production data for every successive reporting period); • Generate financial reports using the Print Vendor’s feescapabilities which include the following: • front/back cover; • table of contents; • shareholder letter; • Management Discussion and Analysis commentary; • sector weighting graphs/tables; • disclosure of Fund expenses; • schedules of investments; • statement of net assets; • statements of assets and liabilities; • statements of operation; • statements of changes; • statements of cash flows; • financial highlights; • notes to financial statements; • report of independent registered public accounting firm; • tax information; and • additional Fund information as mutually agreed in writing between BNY Mellon and the Fund. For • Unless mutually agreed in writing between BNY Mellon and the avoidance Fund, BNY Mellon will use the same layout and format for every successive reporting period for the typeset reports. At the request of doubt, the fees charged by Fund and upon the Print Vendor will not equal mutual written agreement of BNY Mellon and the fees charged by Fund as to the scope of any changes and additional compensation of BNY Mellon, nor shall such fees be considered an out-of-pocket expense; BNY Mellon anticipates that will, or will cause the fees it charges hereunder will be more than Vendor to, change the fees charged format or layout of reports from time to it by the Print Vendortime.
Appears in 1 contract
Samples: Fund Administration and Accounting Agreement (Versus Capital Infrastructure Income Fund)