Common use of Force Majeure; Special Damages Clause in Contracts

Force Majeure; Special Damages. The Custodian shall be responsible for maintaining and preserving its operations, facilities and systems (including its computer communication systems) in a manner consistent with commercial and supervisory standards prevalent in its industry. So long as the Custodian shall have complied with the foregoing maintenance or preservation requirements (and the other requirements of this Agreement and the Custodian Agreement) and provided that any delay or failure to take such action as may be required under this Agreement could not be prevented by the exercise of reasonable diligence by the Custodian, the Custodian shall not be liable for any delay or failure to take any action as may be required under this Agreement in the event and to the extent that any such delay or failure is caused by an act of God or by acts of declared or undeclared war, acts of terrorism, public disorder, rebellion or sabotage, epidemics, landslides, lightning, fire, hurricanes, earthquakes, floods or similar events or the interruption or suspension of any external communication or power systems. The preceding sentence shall not relieve the Custodian from using its reasonable best efforts to perform its obligations in a timely manner in accordance with, and subject to, the terms of this Agreement and the Custodian shall provide Party A and Party B with written notice of such failure or delay. The Custodian agrees that it shall enter into and shall maintain in effect, at all times during the term of this Agreement, with appropriate parties one or more agreements making reasonable provision for (i) periodic back- up of computer files and data with respect to any accounts held by it, and (ii) emergency use of electronic data processing equipment to provide services under this Agreement. In no event shall any party hereto be liable to any Person for special, indirect, exemplary, punitive or consequential damages of any kind whatsoever (including for lost profits) even if such party has been advised of the possibility or likelihood of such damages.

Force Majeure; Special Damages. The Custodian shall be responsible for maintaining and preserving its operations, facilities and systems (including its computer and communication systems) in a manner consistent with commercial and supervisory standards prevalent in its industry. Custodian agrees that it shall enter into and shall maintain in effect, at all times during the term of this Agreement, with appropriate parties one or more agreements making reasonable provision for (i) periodic back-up of computer files and data with respect to any accounts held by it, and (ii) emergency use of electronic data processing equipment to provide services under this Agreement. So long as the Custodian shall have complied with the foregoing maintenance or preservation requirements (and the other requirements of this Agreement and the Custodian Agreement) and provided that any delay or failure to take such action as may be required under this Agreement could not be prevented by the exercise of reasonable diligence by the Custodian, the Custodian shall not be liable for any delay or failure to take any action as may be required under this Agreement in the event and to the extent that any such delay or failure is caused caused, directly or indirectly, by an act of God or circumstances beyond its reasonable control, including without limitation, by acts of declared God; earthquakes; fires; floods; wars; civil or undeclared warmilitary disturbances; sabotage; epidemics; riots; interruptions, loss or malfunctions of utilities, computer (hardware or software) or communications service; accidents; labor disputes; acts of terrorism, public disorder, rebellion civil or sabotage, epidemics, landslides, lightning, fire, hurricanes, earthquakes, floods military authority or similar events or the interruption or suspension of any external communication or power systems. The preceding sentence governmental actions; it being understood that Custodian shall not relieve the Custodian from using use its reasonable best efforts to perform its obligations in a timely manner in accordance with, and subject to, resume performance as soon as practicable under the terms of this Agreement and the circumstances. Custodian shall provide Party A and Party B with written notice of such failure or delay. The Custodian agrees that it shall enter into and shall maintain in effect, at all times during the term of this Agreement, with appropriate parties one or more agreements making reasonable provision for (i) periodic back- up of computer files and data with respect delay to any accounts held by it, and (ii) emergency use of electronic data processing equipment to provide services take action as may be required under this AgreementAgreement that is a result of circumstances described in this Section 6. In no event shall any party hereto be liable to any Person for special, indirect, exemplary, punitive or consequential damages of any kind whatsoever (including for lost profits) even if such party has been advised of the possibility or likelihood of such damages.

Force Majeure; Special Damages. The Custodian shall be responsible for maintaining and preserving its operations, facilities and systems (including its computer communication systems) in a manner consistent with commercial and supervisory standards prevalent in its industry. So long as the Custodian shall have complied with the foregoing maintenance or preservation requirements (and the other requirements of this Agreement and the Custodian Custody Agreement) and provided that any delay or failure to take such action as may be required under this Agreement could not be prevented by the exercise of reasonable diligence by the Custodian, the Custodian shall not be liable for any delay or failure to take any action as may be required under this Agreement in the event and to the extent that any such delay or failure is caused caused, directly or indirectly, by circumstances beyond its reasonable control, including without limitation, an act of God or by acts of declared or undeclared war, acts of terrorism, public disorder, rebellion or sabotage, epidemics, landslides, lightning, fire, hurricanes, earthquakes, floods floods, accidents, labor disputes, acts of civil or military authority or governmental actions, or similar events or the interruption interruption, malfunction or suspension of any external utilities, computer (hardware or software) or communication or power systemsservices. The preceding sentence shall not relieve the Custodian from using its reasonable best efforts to perform its obligations in a timely manner in accordance with, and subject to, the terms of this Agreement and the Custodian shall provide Party A and Party B with written notice of such failure or delay. The Custodian agrees that it shall enter into and shall maintain in effect, at all times during the term of this Agreement, with appropriate parties one or more agreements making reasonable provision for (i) periodic back- back-up of computer files and data with respect to any accounts held by it, and (ii) emergency use of electronic data processing equipment to provide services under this Agreement. In no event shall any party hereto be liable to any Person for special, indirect, exemplary, punitive or consequential damages of any kind whatsoever (including for lost profits) even if such party has been advised of the possibility or likelihood of such damages.

Force Majeure; Special Damages. The Custodian shall be responsible for maintaining and preserving its operations, facilities and systems (including its computer communication systems) in a manner consistent with commercial and supervisory standards prevalent in its industry. So long as the Custodian shall have complied with the foregoing maintenance or preservation requirements (and the other requirements of this Agreement and the Custodian Agreement) and provided that any delay or failure to take such action as may be required under this Agreement could not be prevented by the exercise of reasonable diligence by the Custodian, the Custodian shall not be liable for any delay or failure to take any action as may be required under this Agreement in the event and to the extent that any such delay or failure is caused by an act of God or by acts of declared or undeclared war, acts of terrorism, public disorder, rebellion or sabotage, epidemics, landslides, lightning, fire, hurricanes, earthquakes, floods or similar events or the interruption or suspension of any external communication or power systems. The preceding sentence shall not relieve the Custodian from using its reasonable best efforts to perform its obligations in a timely manner in accordance with, and subject to, the terms of this Agreement and the Custodian shall provide Party A FRBB and Party B Borrower with written notice of such failure or delay. The Custodian agrees that it shall enter into and shall maintain in effect, at all times during the term of this Agreement, with appropriate parties one or more agreements making reasonable provision for (i) periodic back- up of computer files and data with respect to any accounts held by it, and (ii) emergency use of electronic data processing equipment to provide services under this Agreement. In Notwithstanding anything to the contrary contained herein, in no event shall any party hereto be liable to any Person for special, indirect, exemplary, punitive or consequential damages of any kind whatsoever (including for lost profits) even if such party has been advised of the possibility or likelihood of such damages.