Fund Responsibilities. 3.1. The management and control of the Fund are vested exclusively in the Fund’s governing body (e.g., the board of directors or trustees for a Fund that is a mutual fund or the Trustee for a Fund that is a collective trust, as applicable) and such officers and agents as may be appointed by the board from time to time, subject to the terms and provisions of the Fund’s Governing Documents. The Fund’s governing body and the duly appointed officers and agents appointed by the governing body on behalf of the Fund will make all decisions, perform all management functions relating to the operation of the Fund and shall authorize all Transactions. Without limiting the foregoing, the Fund shall:
(a) Designate properly qualified individuals to oversee the Services and establish and maintain internal controls, including monitoring the ongoing activities of the Fund.
(b) Evaluate the accuracy, and accept responsibility for the results, of the Services, review and approve all reports, analyses and records resulting from the Services and inform DST of any errors that it is in a position to identify.
(c) Provide DST with timely and accurate information required by DST in order to perform the Services and its duties and obligations hereunder.
3.2. Without limiting DST’s obligations to comply with applicable Law and the Fund’s Governing Documents, the Fund is responsible for ensuring that it complies with Law and its respective Governing Documents. It is the Fund’s responsibility to provide all final Fund Governing Documents as of the Effective Date. The Fund will notify DST in writing of any changes to the Fund Governing Documents, with the exception of minutes of meetings of the board of directors, that may materially impact the Services prior to such changes taking effect. DST is not responsible for monitoring compliance by the Fund with (i) Law, or (ii) its respective Governing Documents.
3.3. In the event that Market Data is supplied to or through DST Associates in connection with the Services, the Market Data is proprietary to Data Suppliers and is provided on a limited internal-use license basis. Market Data may: (i) only be used by the Fund in connection with the Services and (ii) not be disseminated by the Fund or used to populate internal systems in lieu of obtaining a data license. Access to and delivery of Market Data is dependent on the Data Suppliers and may be interrupted or discontinued with or without notice. Notwithstanding anything in this Agreement to ...
Fund Responsibilities. In connection with its use of FAN Web, the Trust, through its service providers, shall:
(a) provide all computers, telecommunications equipment and other equipment and software reasonably necessary to develop and maintain the Investment Company Web Site;
(b) design and develop the Investment Company Web Site functionality necessary to facilitate and maintain the hypertext links to FAN Web and the various transaction web pages and otherwise make the Investment Company Web Site available to Fund shareholders;
(c) review, approve and provide ALPS with reasonable notification of modifications to any shareholder statements, Regulatory Documents and any other documents, agreements or disclosures that the Trust transmits to Fund shareholders e-delivery;
(d) provide ALPS with such other written instructions as it may request from time to time relating to the performance of ALPS’s obligations hereunder; and
(e) provide written guidance for any custom graphic design or programmatic modifications that exceed the basic offering.
Fund Responsibilities. In connection with its use of TA IVR, the Fund shall:
(a) complete a configuration form clearly designating which features and controls should be used in the Fund’s implementation;
(b) provide ALPS with such other written instructions as its may request from time to time relating to the performance of ALPS’ obligations hereunder;
(c) provide ALPS with: a contact for receipt of enhancement and maintenance notices and a completed IVR questionnaire that includes a list of site functionality options and trading rules; and
(d) provide written guidance for any custom graphic design or programmatic modifications.
Fund Responsibilities. Subject to the provisions of this Exhibit B and the Agreement, each Fund shall at its expense (unless otherwise provided herein):
(a) provide, or retain other persons to provide, all computers, telecommunications equipment, encryption technology and other materials, services, equipment and software reasonably necessary to develop and maintain the Fund Web Site, including the functionality necessary to maintain the hypertext links to IMPRESSNetR;
(b) promptly provide PFPC written notice of changes in Fund policies or procedures requiring changes to the IMPRESSNetR Services;
(c) work with PFPC to develop Internet marketing materials for End-Users and forward a copy of appropriate marketing materials to PFPC;
(d) revise and update the applicable prospectus(es) and other pertinent materials, such as user agreements with End-Users, to include the appropriate consents, notices and disclosures for IMPRESSNetR Services, including disclaimers and information reasonably requested by PFPC;
(e) maintain all on-screen disclaimers and copyright, trademark and service xxxx notifications, if any, provided by PFPC to the Fund in writing from time to time, and all “point and click” features of a Fund Web Site relating to acknowledgment and acceptance of such disclaimers and notifications; and
(f) design and develop the Fund Web Site functionality necessary to facilitate, implement and maintain the hypertext links to IMPRESSNetR and the various Inquiry and Transaction web pages and otherwise make the Fund Web Site available to End-Users.
Fund Responsibilities. In connection with its use of AVA, the Fund, through its service providers, shall:
(a) provide all computers, telecommunications equipment and other equipment and software reasonably necessary to access the AVA site;
(b) review, approve and provide users for access to the AVA site, including any limitations to access based on function;
(c) periodically review users list and make any necessary modifications, including the removal of users that should no longer have access to the Fund’s information;
(d) provide ALPS with a contact for receipt of enhancement and maintenance notices;
Fund Responsibilities. 3.1. The management and control of the Fund are vested exclusively in the Fund’s governing body (e.g., the board of directors for a company) and its officers, subject to the terms and provisions of the Fund’s Governing Documents. The Fund’s governing body will make all decisions, perform all management functions relating to the operation of the Fund and the Fund’s governing body or its duly appointed officers shall authorize all Transactions. Without limiting the foregoing, the Fund shall:
(a) Designate properly qualified individuals to oversee the Services and establish and maintain internal controls, including monitoring the ongoing activities of the Fund.
(b) Evaluate the accuracy, and accept responsibility for the results, of the Services, review and approve all reports, analyses and records resulting from the Services and inform DST of any errors that it is in a position to identify.
(c) Provide DST with timely and accurate information reasonably requested by DST or reasonably necessary in order to perform the Services and its duties and obligations hereunder.
3.2. The Fund is solely and exclusively responsible for ensuring that it complies with Law and its respective Governing Documents. It is the Fund’s responsibility to provide all final Fund Governing Documents as of the Effective Date. The Fund will notify DST in writing of any changes to the Fund Governing Documents that may materially impact the Services prior to such changes taking effect. DST is not responsible for monitoring compliance by the Fund with (i) Law, or (ii) its respective Governing Documents.
3.3. In the event that Market Data is supplied to or through DST Associates in connection with the Services, the Market Data is proprietary to Data Suppliers and is provided on a limited internal-use license basis. Market Data may: (i) only be used by the Fund in connection with the Services and (ii) not be disseminated by the Fund or used to populate internal systems in lieu of obtaining a data license. Access to and delivery of Market Data is dependent on the Data Suppliers and may be interrupted or discontinued with or without notice. Notwithstanding anything in this Agreement to the contrary, neither DST nor any Data Supplier shall be liable to the Fund or any other Person for any Losses with respect to Market Data, reliance by DST Associates or the Fund on Market Data or the provision of Market Data in connection with this Agreement.
3.4. The Fund shall deliver, and ensure that its agen...
Fund Responsibilities. In connection with its use of PAWeb, the Funds, through its service providers, shall:
(a) provide all computers, telecommunications equipment and other equipment and software reasonably necessary to develop and maintain the Trust’s website;
(b) design and develop the Trust’s website functionality necessary to facilitate and maintain the hypertext links to PAWeb and the various transaction web pages and otherwise make the Trust’s website available to shareholders;
(c) review, approve and provide CFS with reasonable notification of modifications to any shareholder statements, Regulatory Documents and any other documents, agreements or disclosures that the Fund transmits to its shareholders e-delivery;
(d) provide CFS with a contact for receipt of enhancement and maintenance notices;
(e) provide CFS with a completed PAWeb questionnaire, which includes a list of site functionality options and trading rules;
(f) provide CFS with such other written instructions as it may request from time to time relating to the performance of CFS’ obligations hereunder; and
(g) provide written guidance for any custom graphic design or programmatic modifications that exceed the basic offering.
Fund Responsibilities. In connection with its use of TA Web, the Fund, through its service providers, shall:
(a) provide all computers, telecommunications equipment and other equipment and software reasonably necessary to develop and maintain the Investment Company Web Site;
(b) design and develop the Investment Company Web Site functionality necessary to facilitate and maintain the hypertext links to TA Web and the various transaction web pages and otherwise make the Investment Company Web Site available to shareholders;
(c) review, approve and provide ALPS with reasonable notification of modifications to any shareholder statements, Regulatory Documents and any other documents, agreements or disclosures that the Fund transmits to its shareholders e-delivery;
(d) provide ALPS with a contact for receipt of enhancement and maintenance notices;
(e) provide ALPS with a completed TA Web questionnaire, which includes a list of site functionality options and trading rules;
(f) provide ALPS with such other written instructions as it may request from time to time relating to the performance of ALPS’ obligations hereunder; and
(g) provide written guidance for any custom graphic design or programmatic modifications that exceed the basic offering.
Fund Responsibilities. In connection with its use of VISION, the Fund, through its service providers, shall:
(a) provide all computers, telecommunications equipment and other equipment and software reasonably necessary to access the VISION site;
(b) review, approve and provide users for access to the VISION site, including any limitations to access based on function; and
(c) periodically review users list and make any necessary modifications, including the removal of users that should no longer have access to the Fund’s information.
Fund Responsibilities. The Fund acknowledges and agrees that, except as expressly set forth in this Delegation Agreement, the Fund is solely responsible to assure that the maintenance of each Fund's Assets hereunder complies with applicable laws and regulations, including without limitation the 1940 Act and the rules and regulations promulgated thereunder and applicable interpretations thereof or exemptions therefrom.
