Common use of License of Data; Warranty; Termination of Rights Clause in Contracts

License of Data; Warranty; Termination of Rights. A. USBGFS has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS to each Fund. These Data Providers have required USBGFS to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit C. The Data is being licensed, not sold, to the Fund. The Trust acknowledges and agrees that certain Data Providers may also require the Trust or one or more Funds to enter into an agreement directly with the Data Provider for the use of that Data Provider’s Data. The provisions in Exhibit C shall not have any effect upon the standard of care and liability USBGFS has set forth in Section 6 of this Agreement.

Appears in 19 contracts

Samples: Fund Administration Servicing Agreement (Mason Capital Fund Trust), Fund Administration Servicing Agreement (Themes ETF Trust), Servicing Agreement (Cambria ETF Trust)

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License of Data; Warranty; Termination of Rights. A. USBGFS USBFS has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS USBFS to each Fund. These Data Providers have required USBGFS USBFS to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit C. B. The Data is being licensed, not sold, to the Fund. The Trust Fund acknowledges and agrees that certain Data Providers may also require the Trust Fund or one or more Funds to enter into an agreement directly with the Data Provider for the use of that Data Provider’s Data. The provisions in Exhibit C B shall not have any effect upon the standard of care and liability USBGFS USBFS has set forth in Section 6 of this Agreement.

Appears in 4 contracts

Samples: Master Servicing Agreement (Silver Point Specialty Lending Fund), Sub Administration Servicing Agreement (Brightwood Capital Corp I), Sub Administration Servicing Agreement (Onex Falcon Direct Lending BDC Fund)

License of Data; Warranty; Termination of Rights. A. USBGFS USBFS has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS USBFS to each Fund. These Data Providers have required USBGFS USBFS to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit C. B. The Data is being licensed, not sold, to the Fund. The Trust acknowledges and agrees that certain Data Providers may also require the Trust or one or more Funds the Fund to enter into an agreement directly with the Data Provider for the use of that Data Provider’s Data. The provisions in Exhibit C B shall not have any effect upon the standard of care and liability USBGFS USBFS has set forth in Section 6 of this Agreement.

Appears in 4 contracts

Samples: Fund Administration Servicing Agreement (LifeX Inflation-Protected Income Trust 1948F), Fund Administration Servicing Agreement (Stone Ridge Longevity Risk Premium Fixed Income Trust 68F), Fund Administration Servicing Agreement (Stone Ridge Longevity Risk Premium Fixed Income Trust 80F)

License of Data; Warranty; Termination of Rights. A. USBGFS has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS to each Fund. These Data Providers have required USBGFS to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit C. The Data is being licensed, not sold, to the Fund. The Trust Administrator acknowledges and agrees that certain Data Providers may also require the Trust Administrator or one or more Funds to enter into an agreement directly with the Data Provider for the use of that Data Provider’s Data. The provisions in Exhibit C shall not have any effect upon the standard of care and liability USBGFS has set forth in Section 6 of this Agreement.

Appears in 3 contracts

Samples: Fund Sub Administration Servicing Agreement (Aristotle Funds Series Trust), Fund Sub Administration Servicing Agreement (Aristotle Funds Series Trust), Fund Sub Administration Servicing Agreement (Aristotle Funds Series Trust)

License of Data; Warranty; Termination of Rights. A. USBGFS USBFS has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS USBFS to each Fund. These Data Providers have required USBGFS USBFS to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit C. B. The Data is being licensed, not sold, to the Fund. The Trust acknowledges and agrees that certain Data Providers may also require the Trust or one or more Funds to enter into an agreement directly with the Data Provider for the use of that Data Provider’s Data. The provisions in Exhibit C B shall not have any effect upon the standard of care and liability USBGFS USBFS has set forth in Section 6 of this Agreement.

Appears in 3 contracts

Samples: Administration Servicing Agreement (Stone Ridge Trust VIII), Fund Administration Servicing Agreement (Stone Ridge Trust VI), Fund Administration Servicing Agreement (Stone Ridge Trust VI)

License of Data; Warranty; Termination of Rights. A. USBGFS has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS to each Fund. These Data Providers have required USBGFS to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit C. The Data is being licensed, not sold, to the Fund. The Trust acknowledges and agrees that certain Data Providers may also require the Trust or one or more Funds to enter into an agreement directly with the Data Provider for the use of that Data Provider’s Data. The provisions in Exhibit C shall not have any effect upon the standard of care and liability USBGFS has set forth in Section 6 of this Agreement.

Appears in 2 contracts

Samples: Fund Administration Servicing Agreement (SP Funds Trust), Fund Administration Servicing Agreement (SP Funds Trust)

License of Data; Warranty; Termination of Rights. A. USBGFS has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS to each Fund. These Data Providers have required USBGFS to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit C. Appendix A. The Data is being licensed, not sold, to the Fund. The Trust acknowledges and agrees that certain Data Providers may also require the Trust or one or more Funds to enter into an agreement directly with the Data Provider for the use of that Data Provider’s Data. The provisions in Exhibit C Appendix A shall not have any effect upon the standard of care and liability USBGFS has set forth in Section 6 of this Agreement.

Appears in 2 contracts

Samples: Fund Servicing Agreement (ETF Managers Trust), Form of Fund Servicing Agreement (ETF Managers Trust)

License of Data; Warranty; Termination of Rights. A. USBGFS USBFS has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS USBFS to each Fund. These Data Providers have required USBGFS USBFS to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit C. B. The Data is being licensed, not sold, to the Fund. The Trust Company acknowledges and agrees that certain Data Providers may also require the Trust Company or one or more Funds to enter into an agreement directly with the Data Provider for the use of that Data Provider’s Data. The provisions in Exhibit C B shall not have any effect upon the standard of care and liability USBGFS USBFS has set forth in Section 6 of this Agreement.

Appears in 2 contracts

Samples: Master Servicing Agreement (Angel Oak Funds Trust), Master Servicing Agreement (Angel Oak Funds Trust)

License of Data; Warranty; Termination of Rights. A. USBGFS has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS to each Fund. These Data Providers have required USBGFS to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit C. The Data is being licensed, not sold, to the each Fund. The Trust acknowledges and agrees that certain Data Providers may also require the Trust or one or more Funds to enter into an agreement directly with the Data Provider for the use of that Data Provider’s Data. The provisions in Exhibit C shall not have any effect upon the standard of care and liability USBGFS has set forth in Section 6 of this Agreement.

Appears in 1 contract

Samples: PFM Multi-Manager Series Trust

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License of Data; Warranty; Termination of Rights. A. USBGFS has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS to each Fundthe Company. These Data Providers have required USBGFS to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit C. B. The Data is being licensed, not sold, to the FundtheCompany. The Trust Company acknowledges and agrees that certain Data Providers may also require the Trust or one or more Funds Company to enter into an agreement directly with the Data Provider for the use of that Data Provider’s Data. The provisions in Exhibit C A shall not have any effect upon the standard of care and liability USBGFS has set forth in Section 6 of this Agreement.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Jensen Quality Growth Fund Inc)

License of Data; Warranty; Termination of Rights. A. USBGFS has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS to each Fund. These Data Providers have required USBGFS to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit C. The Data is being licensed, not sold, to the Fund. The Trust Company acknowledges and agrees that certain Data Providers may also require the Trust Company or one or more Funds to enter into an agreement directly with the Data Provider for the use of that Data Provider’s Data. The provisions in Exhibit C shall not have any effect upon the standard of care and liability USBGFS has set forth in Section 6 of this Agreement.

Appears in 1 contract

Samples: Etf Fund Administration Servicing Agreement (Jacob Funds Inc.)

License of Data; Warranty; Termination of Rights. A. USBGFS has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS to each Fund. These Data Providers have required USBGFS to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit C. B. The Data is being licensed, not sold, to the Fund. The Trust Adviser acknowledges and agrees that certain Data Providers may also require the Trust Adviser or one or more Funds to enter into an agreement directly with the Data Provider for the use of that Data Provider’s Data. The provisions in Exhibit C B shall not have any effect upon the standard of care and liability USBGFS has set forth in Section 6 of this Agreement.

Appears in 1 contract

Samples: Fund Sub Administration Servicing Agreement (Sprott Funds Trust)

License of Data; Warranty; Termination of Rights. A. USBGFS has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS to each Fundthe Administrator. These Data Providers have required USBGFS to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit C. The Data is being licensed, not sold, to the FundAdministrator or Trust. The Trust Administrator acknowledges and agrees that certain Data Providers may also require the Trust Administrator or one or more Funds to enter into an agreement directly with the Data Provider for the use of that Data Provider’s Data. The provisions in Exhibit C shall not have any effect upon the standard of care and liability USBGFS has set forth in Section 6 of this Agreement.

Appears in 1 contract

Samples: Fund Sub Administration Servicing Agreement (Aristotle Funds Series Trust)

License of Data; Warranty; Termination of Rights. A. a. USBGFS has entered into agreements with various data service providers (each, a “Data Provider”), including, without limitation, MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), Morningstar, Broadridge, FTSE, and ICE to provide data services that may include, without limitation, index returns and pricing information (collectively, the “Data”) to facilitate the services provided by USBGFS to each Fund. These Data Providers have required USBGFS to include certain provisions regarding the use of the Data in this Agreement attached hereto as Exhibit C. The Data is being licensed, not sold, to the Fund. The Trust acknowledges and agrees that certain Data Providers may also require the Trust or one or more Funds to enter into an agreement directly with the Data Provider for the use of that Data Provider’s Data. The provisions in Exhibit C shall not have any effect upon the standard of care and liability USBGFS has set forth in Section 6 of this Agreement.

Appears in 1 contract

Samples: Fund Administration Servicing Agreement (Intrepid Capital Management Funds Trust)

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