Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 342 contracts
Samples: Transfer Agency and Service Agreement (Venerable Variable Insurance Trust), Transfer Agency and Service Agreement (Ohio National Fund Inc), Master Transfer Agency and Service Agreement (BlackRock Private Credit Fund)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages party resulting from such failure to perform or otherwise from such causes.
Appears in 113 contracts
Samples: Consulting Agreement (Miller Investment Trust), Northern Lights Compliance Services (Miller Investment Trust), Transfer Agency Service Agreement (Northern Lights Fund Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes; provided, however, that nothing in this Section 16.3 shall be deemed to relieve Transfer Agent of its obligations under Section 11.3.
Appears in 105 contracts
Samples: Transfer Agency and Service Agreement (Federated Hermes Core Trust III), Transfer Agency and Service Agreement (Federated Hermes High Income Bond Fund, Inc.), Transfer Agency and Service Agreement (Federated Hermes Municipal Bond Fund, Inc.)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 92 contracts
Samples: Agency and Service Agreement (Coller Secondaries Private Equity Opportunities Fund), Transfer Agency and Service Agreement (New Mountain Guardian IV Income Fund, L.L.C.), Transfer Agency and Service Agreement (New Mountain Guardian IV Unlevered BDC, L.L.C.)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 51 contracts
Samples: Warrant Agency Agreement (Advaxis, Inc.), Form of Warrant Agency Agreement (Advaxis, Inc.), Form of Warrant Agency Agreement (Advaxis, Inc.)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes; provided, however, that this provision shall not imply that CFS is excused from maintaining reasonable business continuity plans to address potential service outages.
Appears in 51 contracts
Samples: Fund Services Agreement (ETF Opportunities Trust), Fund Services Agreement (World Funds Trust), Fund Services Agreement (ETF Opportunities Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causescauses to the extent that the party has (where relevant) complied with its own business continuity procedures.
Appears in 38 contracts
Samples: Transfer Agency and Service Agreement (Morgan Stanley Institutional Fund Inc), Transfer Agency and Service Agreement (Morgan Stanley Institutional Fund Inc), Transfer Agency and Service Agreement (Morgan Stanley Institutional Fund Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 36 contracts
Samples: Subscription Agent Agreement, Subscription Agent Agreement, Depositary Agreement (Diversified Real Asset Income Fund)
Force Majeure. 14.1 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, labor difficulties, mechanical breakdowns, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 30 contracts
Samples: Sub Transfer Agency and Services Agreement (Nations Fund Trust), Sub Transfer Agency and Services Agreement (Nations Funds Trust), Sub Transfer Agency and Services Agreement (Nations Fund Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causescauses provided that the Transfer Agent has implemented and maintains a business continuity plan that complies with applicable laws, rules and regulations.
Appears in 24 contracts
Samples: Transfer Agency and Service Agreement (Advisers Investment Trust), Transfer Agency and Service Agreement (Advisers Investment Trust), Transfer Agency and Service Agreement (Rimrock Funds Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes; provided that the parties shall take reasonable steps under the facts and circumstances then prevailing to mitigate damages arising out of such causes and events.
Appears in 21 contracts
Samples: Transfer Agency and Service Agreement (Credit Suisse Strategic Small Cap Fund Inc), Transfer Agency and Service Agreement (Credit Suisse Institutional High Yield Fund Inc), Transfer Agency and Service Agreement (Credit Suisse Japan Growth Fund Inc)
Force Majeure. In the event that either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages party resulting from such failure to perform or otherwise from such causes.
Appears in 21 contracts
Samples: Service Agreement (Spinnaker ETF Series), Starboard Investment Trust (Starboard Investment Trust), Fund Accounting and Administration Service Agreement (Spinnaker ETF Series)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage that is reasonably beyond its control, or other causes cause that is reasonably beyond its controlcontrol (except, in the case of the Agent, for acts of subcontractors), such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 20 contracts
Samples: Subscription and Information Agent Agreement (Growlife, Inc.), Subscription and Information Agent Agreement (SenesTech, Inc.), Subscription and Information Agent Agreement (Famous Daves of America Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes; provided, however, that nothing in this Section 15.3 shall be deemed to relieve Transfer Agent of its obligations under Section 11.3.
Appears in 19 contracts
Samples: Transfer Agency and Service Agreement (Federated Core Trust III), Transfer Agency and Service Agreement (Federated Core Trust/Pa), Transfer Agency and Service Agreement (Federated Equity Funds)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable liabile for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 19 contracts
Samples: Subscription Agent Agreement (Hotel Outsource Management International Inc), Form of Subscription Agent Agreement (Marshall Edwards Inc), Subscription Agent Agreement (Japan Smaller Capitalization Fund Inc)
Force Majeure. 14.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 18 contracts
Samples: Transfer Agency and Service Agreement (Gabelli Innovations Trust), Transfer Agency and Service Agreement (RS Variable Products Trust), Transfer Agency and Service Agreement (Elfun Global Fund)
Force Majeure. In the event either a party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 16 contracts
Samples: Agreement (Massachusetts Mutual Variable Life Separate Account I), Electronic Trading Agreement (Mutual of America Separate Account No 2), Settlement Agreement (MEMBERS Horizon Variable Separate Account)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 14 contracts
Samples: Warrant Agency Agreement (Clip Interactive, LLC), Warrant Agency Agreement (Clip Interactive, LLC), Warrant Agreement (Lm Funding America, Inc.)
Force Majeure. In the event either a party is hereto unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the any other party for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 12 contracts
Samples: Distribution Agreement (SPDR Dow Jones Industrial Average Etf Trust), Distribution Agreement (SPDR S&p Midcap 400 Etf Trust), Distribution Agreement (SPDR S&p 500 Etf Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 12 contracts
Samples: Reorganization Support Service Agreement (Herzfeld Caribbean Basin Fund Inc), Reorganization Support Service Agreement (H&q Life Sciences Investors), Reorganization Support Service Agreement (Cornerstone Progressive Return Fund)
Force Majeure. In the event either any party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, control or other causes cause reasonably beyond its control, such party shall not be liable for damages to the any other for any damages party resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially its or their duties.
Appears in 12 contracts
Samples: Subscription Agent Agreement (Eagle Point Income Co Inc.), Subscription Agent Agreement (Goldman Sachs BDC, Inc.), Subscription Agent Agreement (Eagle Point Credit Co Inc.)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.
Appears in 7 contracts
Samples: Subscription Agent Agreement (Gabelli Global Deal Fund), Subscription Agent Agreement (Precision Optics Corporation Inc), Subscription Agent Agreement (Gabelli Global Deal Fund)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Notwithstanding the foregoing, in the event such force majeure continues for more than a ninety (90) day period, either party shall have the right to terminate this Agreement upon written notice to the other party.
Appears in 7 contracts
Samples: Transfer Agency and Service Agreement (Allspring Variable Trust), Transfer Agency and Service Agreement (Allspring Funds Trust), Transfer Agency and Service Agreement (Allspring Variable Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes; provided, however, that this provision shall not imply that CFA is excused from maintaining reasonable business continuity plans to address potential service outages.
Appears in 7 contracts
Samples: Accounting Services Agreement (World Funds Trust), Accounting Services Agreement (Dblaine Investment Trust), Accounting Services Agreement (Z Seven Fund Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes; provided, however, that this provision shall not imply that CSS is excused from maintaining reasonable business continuity plans to address potential service outages.
Appears in 6 contracts
Samples: Administrative Services Agreement (World Funds Trust), Administrative Services Agreement (Z Seven Fund Inc), Administrative Services Agreement (World Funds Trust)
Force Majeure. 13.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of the acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 6 contracts
Samples: Agency and Service Agreement (Phoenix California Tax Exempt Bonds Inc), Transfer Agency Agreement (Phoenix Multi Portfolio Fund), Transfer Agency and Service Agreement (Janus Adviser)
Force Majeure. 13.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 6 contracts
Samples: Agency and Service Agreement (Century Shares Trust), Agency and Service Agreement (New England Funds Trust I), Registrar, Transfer Agency and Service Agreement (Delaware Group Global Dividend & Income Fund Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorism, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.
Appears in 6 contracts
Samples: Subscription Agent Agreement (Dividend & Income Fund, Inc.), Subscription Agent Agreement (Bancroft Convertible Fund Inc), Subscription Agent Agreement (Ellsworth Convertible Growth & Income Fund Inc)
Force Majeure. In the event either a party hereto is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the any other party for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 5 contracts
Samples: Distribution Agreement (Claymore Exchange-Traded Fund Trust), Distribution Agreement (Powershares QQQ Trust, Series 1), Distribution Agreement (Claymore Exchange-Traded Fund Trust 2)
Force Majeure. In the event either party Party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party Party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 5 contracts
Samples: Transfer Agency and Service Agreement (Schwab Annuity Portfolios), Transfer Agency and Service Agreement (Charles Schwab Family of Funds), Transfer Agency and Service Agreement (Schwab Capital Trust)
Force Majeure. In the event that either party is unable to perform its obligations under the terms of this Agreement (other than the obligation to pay amounts due and owing hereunder) because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 5 contracts
Samples: Reseller Agreement, Reseller Agreement, Reseller Agreement
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, and such party has acted without negligence, bad faith or willful misconduct, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 4 contracts
Samples: Transfer Agency (Financial Investors Trust), Transfer Agency And (Financial Investors Trust), Distribution Agreement (Financial Investors Trust)
Force Majeure. In the event either any party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the any other for any damages party resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.
Appears in 4 contracts
Samples: Subscription Agent Agreement (Oxford Lane Capital Corp.), Subscription Agent Agreement (Oxford Lane Capital Corp.), Subscription Agent Agreement (Oxford Lane Capital Corp.)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, natural disasters failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 4 contracts
Samples: Warrant Agency Agreement (OptiNose, Inc.), Warrant Agreement (Ampco Pittsburgh Corp), Warrant Agreement (Ampco Pittsburgh Corp)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Unit Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Unit Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 4 contracts
Samples: Unit Agency Agreement (Chanticleer Holdings, Inc.), Unit Agency Agreement (TrovaGene Inc.), Unit Agency Agreement (Synergy Pharmaceuticals, Inc.)
Force Majeure. (a) In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 4 contracts
Samples: Transfer Agency and Service Agreement (Dfa Investment Dimensions Group Inc), Transfer Agency and Service Agreement (Dimensional Emerging Markets Value Fund), Transfer Agency and Service Agreement (Dimensional Investment Group Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.. Performance under this
Appears in 4 contracts
Samples: Agent Agreement (Evergreen Utilities & High Income Fund), Agent Agreement (Evergreen Utilities & High Income Fund), Information Agent Agreement (Evergreen Utilities & High Income Fund)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 3 contracts
Samples: Fund Services Agreement (Saratoga Advantage Trust), Accounting Service Agreement (Saratoga Advantage Trust), Administrative Service Agreement (DCM Series Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, natural disaster, strikes, equipment or transmission failure or damage that is reasonably beyond its control, or other causes cause that is reasonably beyond its controlcontrol (except, in the case of the Agent, for acts of subcontractors), such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 3 contracts
Samples: Subscription Agent Agreement (High Income Securities Fund), Subscription Agent Agreement (Mexico Equity & Income Fund Inc), Subscription and Information Agent Agreement (High Income Securities Fund)
Force Majeure. 14.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 3 contracts
Samples: Transfer Agency and Service Agreement (Highmark Group /Oh/), Transfer Agency and Service Agreement (Ark Funds/Ma), Transfer Agency and Service Agreement (Highmark Group /Oh/)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, natural disasters, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 3 contracts
Samples: Warrant Agency Agreement (Pulse Biosciences, Inc.), Warrant Agency Agreement (Pulse Biosciences, Inc.), Warrant Agency Agreement (Pulse Biosciences, Inc.)
Force Majeure. 13.01. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, criminal acts by third parties, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 3 contracts
Samples: Transfer Agency and Service Agreement (Virtus Investment Trust), Agency and Service Agreement (Allianz Funds), Agency and Service Agreement (Allianz Funds Multi-Strategy Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party A Party shall not be liable for damages to the other for any damages resulting from such failure to perform comply with any of the terms and conditions of this Agreement where any failure to comply is caused by an act of God, court order, government regulation or otherwise from such causesrequirement, other than those imposed by the Party that fails to perform, strike or labor difficulty, fire, flood, windstorm, breakdown or other damage to equipment, power failure or any other cause beyond the reasonable control of said Party.
Appears in 3 contracts
Samples: Intergovernmental Agreement, Intergovernmental Agreement, Intergovernmental Agreement
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, natural disaster equipment or transmission failure or damage that is reasonably beyond its control, or other causes cause that is reasonably beyond its controlcontrol (except, in the case of the Agent, for acts of subcontractors), such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 3 contracts
Samples: Subscription Rights Offering and Information Agent Agreement (Lazydays Holdings, Inc.), Subscription Rights Offering and Information Agent Agreement (Lazydays Holdings, Inc.), Subscription and Information Agent Agreement (GOLUB CAPITAL BDC, Inc.)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure failure, or damage reasonably beyond its control, or other causes clauses reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting and shall not be deemed in breach of this Agreement. The party affected shall be excused, upon prompt notice to the other party, from such failure performance on a day-to-day basis to perform the extent of such prevention, restriction, or otherwise from such causesinterference.
Appears in 3 contracts
Samples: Practice Grant Agreement, $15k) Practice Grant Agreement, Practice Grant Agreement
Force Majeure. 18.1 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, labor difficulties, mechanical breakdowns, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 3 contracts
Samples: Transfer Agency and Services Agreement (Northstar Advantage Trust), Transfer Agency and Services Agreement (Northstar Equity Trust), Transfer Agency and Services Agreement (Northstar Advantage Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agency Agreement because of acts of God, strikes, natural disasters failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Warrant Agency Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 3 contracts
Samples: Warrant Agency Agreement (Accelerate Diagnostics, Inc), Warrant Agency Agreement (Accelerate Diagnostics, Inc), Form of Warrant Agency Agreement (Accelerate Diagnostics, Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise other wise from such causes.
Appears in 3 contracts
Samples: Transfer Agency and Service Agreement (Highland Global Allocation Fund), Transfer Agency and Service Agreement (Highland Global Allocation Fund Ii), Transfer Agency and Service Agreement (Highland Floating Rate Opportunities Fund Ii)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 2 contracts
Samples: Sub Transfer Agency and Service Agreement, Sub Transfer Agency and Service Agreement (Virtus Opportunities Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.
Appears in 2 contracts
Samples: Warrant Agent Agreement (Cytori Therapeutics, Inc.), Warrant Agent Agreement (Cytori Therapeutics, Inc.)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages party resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Investment Advisory Agreement (Northern Lights Fund Trust), Investment Advisory Agreement (Northern Lights Fund Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 2 contracts
Samples: Warrant Agency Agreement (BioRestorative Therapies, Inc.), Warrant Agency Agreement (BioRestorative Therapies, Inc.)
Force Majeure. 13.01. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Muniyield Pennsylvania Fund), Transfer Agency and Service Agreement (Bea Strategic Income Fund Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes, provided, provided that the relevant party has taken reasonable steps, consistent with its business continuity or disaster recovery plan, to reduce or mitigate any damages.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Aberdeen Investment Funds), Transfer Agency and Service Agreement (Aberdeen Funds)
Force Majeure. In the event either a party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Administrative and Shareholder Services Agreement (Wells Fargo Funds Trust), Administrative and Shareholder Services Agreement (Wells Fargo Funds Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment properly maintained by the Bank or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Security Capital U S Real Estate Shares Inc), Transfer Agency and Service Agreement (Security Capital U S Real Estate Shares Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causescause.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Wells Fargo Funds Trust), Transfer Agency and Service Agreement (Wells Fargo Variable Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes, provided however, that this provision shall not imply that the Transfer Agent is excused from maintaining reasonable business continuity and disaster recovery plans to address potential service outages.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Neuberger Berman Advisers Management Trust), Transfer Agency and Service Agreement (Lehman Brothers Reserve Liquidity Series)
Force Majeure. 14.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes; provided, however, that such party shall make reasonable efforts to remove such causes as soon as practicable to the extent reasonably possible for such party to do so.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Seneca Funds), Agency and Service Agreement (Seneca Funds)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes, provided that such party shall have used commercially reasonable measures to prevent such failure or damage and shall use commercially reasonable efforts to recommence performance of such obligations as soon as possible.
Appears in 2 contracts
Samples: Sub Accounting Agreement (Legg Mason Cash Reserve Trust), Sub Accounting Agreement (Legg Mason Value Trust Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement (other than the obligation to pay amounts due and owing hereunder) because of acts of God, strikes, equipment equipment, or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Sub Licence, Services Agreement
Force Majeure. 17.1 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, labor difficulties, mechanical breakdowns, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Transfer Agency and Services Agreement (Tomorrow Funds Retirement Trust), Transfer Agency Agreement (Northstar Advantage Government Securities Fund)
Force Majeure. 14.1 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Assignment and Assumption (Guinness Flight Investment Funds Inc), Transfer Agency and Service Agreement (Guinness Flight Investment Funds)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agent Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Warrant Agent Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 2 contracts
Samples: Warrant Agent Agreement (Quotient LTD), Warrant Agent Agreement (Quotient LTD)
Force Majeure. In the event either party Party is unable to perform its obligations under the terms of this Agreement because of unforeseeable acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Partners Group Growth, LLC), Transfer Agency and Service Agreement (Partners Group Next Generation Infrastructure LLC)
Force Majeure. 13.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, control or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Paying Agency Agreement (Corporate High Yield Fund v Inc), Paying Agency Agreement (Corporate High Yield Fund Iii Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, act or war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Notwithstanding the foregoing, in the event such force majeure continues for more than a ninety (90) day period, either party shall have the right to terminate this Agreement upon written notice to the other party.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Wells Fargo Funds Trust), Transfer Agency and Service Agreement (Wells Fargo Variable Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable liabile for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.
Appears in 2 contracts
Samples: Subscription Agent Agreement (Liberty All Star Equity Fund), Subscription Agent Agreement (Liberty All Star Growth Fund Inc /Md/)
Force Majeure. In the event either party is unable to perform its ------------- obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.
Appears in 2 contracts
Samples: Subscription Agent Agreement (Pacholder High Yield Fund Inc), Subscription Agent Agreement (Pacholder Fund Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, labor difficulties, mechanical breakdowns, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Transfer Agency and Services Agreement (Ambac Treasurers Trust), Transfer Agency and Services Agreement This Agreement (Panorama Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Avenue Mutual Funds Trust), Transfer Agency and Service Agreement (Avenue Income Credit Strategies Fund)
Force Majeure. In the event either any party is unable to perform its obligations under the terms of this Agreement because of acts of God, war, acts of terrorism, civil unrest, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its such party’s control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causesperform.
Appears in 2 contracts
Samples: Agency and Service Agreement, Agreement (MFS Government Markets Income Trust)
Force Majeure. In the event either party is reasonably unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages to the extent resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Agency and Service Agreement (Sun Capital Advisers Trust), Agency and Service Agreement (Sun Capital Advisers Trust)
Force Majeure. In the event either a party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes."
Appears in 2 contracts
Samples: Variable Account B American Intl Life Assur Co of New York, Variable Account Ii Aig Life Insurance Co
Force Majeure. In the event that either party to this Agreement is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for party to the extent that any unforeseeable damages resulting result from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party is able to perform substantially that party's duties. In no event shall the provisions of this Section 12.9 apply to any monetary obligations under this Agreement.
Appears in 2 contracts
Samples: Administrative Services Agreement (Seabright Insurance Holdings Inc), Administrative Services Agreement (Seabright Insurance Holdings Inc)
Force Majeure. In the event that either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (FactorShares 2X: S&P500 Bull/Usd Bear), Transfer Agency and Service Agreement (FactorShares S&P US Anti-Equity Premium)
Force Majeure. 19.1 In the event either a party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment God or transmission failure or damage reasonably by reason of circumstances beyond its control, including war, national emergencies, strikes, labor difficulties, insurrection, riots or other causes reasonably beyond its controlthe failure or unavailability of transportation or communication services or power supplies, such party shall not be liable for damages to the incurred by any other for any damages party resulting from such failure to perform perform. The above in no way relieves the Transfer Agent or otherwise from such causes.the Funds of responsibility for exercising all backup and contingency plans available and in effect at
Appears in 2 contracts
Samples: Transfer Agency and Services Agreement (Nations Separate Account Trust), Transfer Agency and Services Agreement (Nations Funds Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other unforeseeable causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causesactions.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (American General Series Portfolio Co 2), Agency and Service Agreement (American General Series Portfolio Co 2)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or failure, damage that is reasonably beyond its control, terrorist acts, war, or civil unrest, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 2 contracts
Samples: Warrant Agency Agreement (Atossa Genetics Inc), Warrant Agency Agreement (Atossa Genetics Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its controlcontrol and not the result of its negligence or malfeasance, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Schroder Global Series Trust), Transfer Agency and Service Agreement (Schroder Global Series Trust)
Force Majeure. In Except for payment obligations hereunder, in the event that either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Recordkeeping Agreement (One Group Mutual Funds), Shareholder Services Agreement (Gmo Trust)
Force Majeure. In 13.01 Except as set forth in Section 5.04 of Article 5 herein, in the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (State Street Research Portfolios Inc)
Force Majeure. In Except for payment obligations hereunder, in the event that either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes. Notwithstanding the foregoing, this clause shall not excuse the parties from having reasonable disaster recovery programs in place.
Appears in 1 contract
Samples: Shareholder Services Agreement (MetLife Investment Funds, Inc.)
Force Majeure. In the event Failure of either party is unable to perform its obligations under the terms of this Agreement because of shall not subject such party to any liability to the other if such failure is caused directly or indirectly by acts such as, but not limited to, acts of God, strikesfire, equipment or transmission failure or damage reasonably beyond its controlexplosion, flood, drought, war, riot, sabotage, embargo, strikes or other causes reasonably labor trouble, compliance with any order or regulation of any government entity or by any other cause beyond its controlthe reasonable control of the parties, such party shall whether or not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causesforeseeable.
Appears in 1 contract
Samples: Manufacturing and Supply Agreement
Force Majeure. 13.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from form such failure to perform or otherwise from such causes.
Appears in 1 contract
Samples: Registrar, Transfer Agency and Service Agreement (Blackrock Investment Quality Municipal Trust Inc)
Force Majeure. In the event either party is unable despite having established reasonable contingency arrangements to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes; provided that the parties shall take reasonable steps under the facts and circumstances then prevailing to mitigate damages arising out of such causes and events.
Appears in 1 contract
Samples: Sub Transfer Agency and Service Agreement (American Skandia Advisor Funds Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage that is reasonably beyond its control, or other causes cause that is reasonably beyond its controlcontrol (except, in the case of the Agent, for acts of subcontractors), such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 1 contract
Samples: Subscription, Escrow, and Information Agent Agreement (Rave Restaurant Group, Inc.)
Force Majeure. In the event either a party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 1 contract
Samples: Master Transfer Agency and Service Agreement (Carlyle Select Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes; provided, however, that this provision shall not imply that Yorktown is excused from maintaining reasonable business continuity plans to address potential service outages.
Appears in 1 contract
Samples: Administrative Services Agreement (American Pension Investors Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 1 contract
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agency Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agency Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 1 contract
Samples: Warrant Agency Agreement (Provectus Biopharmaceuticals, Inc.)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party The Parties shall not be liable for damages to the other for any damages resulting from such failure to perform under this Agreement if such failure is due to causes beyond their reasonable control, including, but not limited to, acts of God or otherwise from such causesthe public enemy, fire, floods, labor disputes, or the judgment or order of any court or governmental agency.
Appears in 1 contract
Samples: Agreement
Force Majeure. In the event either that any party to this Agreement is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other parties for any unforeseeable damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party is able to perform substantially that party's duties.
Appears in 1 contract
Samples: Merger Agreement (Commodore Applied Technologies Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes; provider, however, that upon the occurrence of any such event, the parties shall use commercially reasonable best efforts to mitigate such damages and/or resume performance as soon as practicable under the circumstances.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Rydex Etf Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, terrorist acts, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 1 contract
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.. 16.4
Appears in 1 contract
Samples: Master Transfer Agency and Service Agreement (American Beacon Apollo Total Return Fund)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes; provided, however, that nothing in this SECTION 15.3 shall be deemed to relieve Transfer Agent of its obligations under SECTION 11.3.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Federated MDT Series)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, including, but not limited to, transmission errors in transactions processed by Shareholders via on-line computer services, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Nvest Tax Exempt Money Market Trust)
Force Majeure. In the event either a party is hereto unable to perform ------------- its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the any other party for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 1 contract
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.such
Appears in 1 contract
Samples: Subscription Agent Agreement (Brookfield Global Listed Infrastructure Income Fund Inc.)
