Common use of Limitation on Delegation Clause in Contracts

Limitation on Delegation. 3.1 The Trust acknowledges and agrees that in accepting the delegation hereunder, the Transfer Agent is agreeing to perform only those aspects of the Trust's Program that have been expressly delegated as part of the Procedures and is not undertaking and shall not be responsible for any other aspect of the Trust's Program or for the overall compliance by the Trust with the Patriot Act. Additionally, the parties acknowledge and agree that the Transfer Agent shall only be responsible for performing the Procedures with respect to the ownership of shares in the Trust for which the Transfer Agent maintains the applicable participant information. 3.2 The Trust also acknowledges and agrees that the Transfer Agent's provision of the procedures hereunder is dependent upon the receipt by the Transfer Agent of certain services from third parties. In the event services from any such third party becomes unavailable, the Transfer Agent shall use reasonable efforts to obtain equivalent services from an alternative provider or may, in its discretion, discontinue the delegated duties upon such prior notice to the Trust as may be reasonably practicable. Notwithstanding anything to the contrary contained herein, the Transfer Agent will have no liability for the performance or non performance of any such third party except to the extent the Transfer Agent exercises in the conduct of its own operations.

Limitation on Delegation. 3.1 The Trust Fund acknowledges and agrees that in accepting the delegation hereunder, the Transfer Agent is agreeing to perform only those aspects of the Trust's Fund’s Program that have been expressly delegated as part of the Procedures and is not undertaking and shall not be responsible for any other aspect of the Trust's Fund’s Program or for the overall compliance by the Trust Fund with the Patriot Act. Additionally, the parties acknowledge and agree that the Transfer Agent shall only be responsible for performing the Procedures with respect to the ownership of shares in the Trust Fund for which the Transfer Agent maintains the applicable participant information. 3.2 The Trust Fund also acknowledges and agrees that the Transfer Agent's ’s provision of the procedures Procedures hereunder is dependent upon the receipt by the Transfer Agent of certain services from third parties. In the event services from any such third party becomes unavailable, the Transfer Agent shall use reasonable efforts to obtain equivalent services from an alternative provider or may, in its discretion, discontinue the delegated duties upon such prior notice to the Trust Fund as may be reasonably practicable. Notwithstanding anything to the contrary contained herein, the Transfer Agent will have no liability for the performance or non performance nonperformance of any such third party except to the extent the Transfer Agent failed to exercise the same care in its selection of such third party as the Transfer Agent exercises in the conduct of its own operations.

Limitation on Delegation. 3.1 The Trust Fund acknowledges and agrees that in accepting the delegation hereunder, the Transfer Agent is agreeing to perform only those aspects of the TrustFund's Program that have been expressly delegated as part of the Procedures and is not undertaking and shall not be responsible for any other aspect of the TrustFund's Program or for the overall compliance by the Trust Fund with the Patriot Act. Additionally, the parties acknowledge and agree that the Transfer Agent shall only be responsible for performing the Procedures with respect to the ownership of shares in the Trust Fund for which the Transfer Agent maintains the applicable participant shareholder information. 3.2 The Trust Fund also acknowledges and agrees that the Transfer Agent's provision of the procedures Procedures hereunder is dependent upon the receipt by the Transfer Agent of certain services from third parties. In the event services from any such third party becomes unavailable, the Transfer Agent shall use reasonable efforts to obtain equivalent services from an alternative provider or may, in its discretion, discontinue the delegated duties upon such prior notice to the Trust Fund as may be reasonably practicable. Notwithstanding anything to the contrary contained herein, the Transfer Agent will have no liability for the performance or non performance nonperformance of any such third party except to the extent the Transfer Agent failed to exercise the same care in its selection of such third party as the Transfer Agent exercises in the conduct of its own operations.

Limitation on Delegation. 3.1 The Trust Fund acknowledges and agrees that in accepting the delegation hereunder, the Transfer Agent is agreeing to perform only those aspects of the TrustFund's Program that have been expressly delegated as part of the Procedures and is not undertaking and shall not be responsible for any other aspect of the TrustFund's Program or for the overall compliance by the Trust Fund with the Patriot Act. Additionally, the parties acknowledge and agree that the Transfer Agent shall only be responsible for performing the Procedures with respect to the ownership of shares in the Trust Fund for which the Transfer Agent maintains the applicable participant information. 3.2 The Trust Fund also acknowledges and agrees that the Transfer Agent's provision of the procedures hereunder is dependent upon the receipt by the Transfer Agent of certain services from third parties. In the event services from any such third party becomes unavailable, the Transfer Agent shall use reasonable efforts to obtain equivalent services from an alternative provider or may, in its discretion, discontinue the delegated duties upon such prior notice to the Trust Fund as may be reasonably practicable. Notwithstanding anything to the contrary contained herein, the Transfer Agent will have no liability for the performance or non performance of any such third party except to the extent the Transfer Agent exercises in the conduct of its own operations.

Limitation on Delegation. 3.1 The Trust Fund acknowledges and agrees that in accepting the delegation hereunder, the Transfer Agent is agreeing to perform only those aspects of the Trust's Fund’s Program that have been expressly delegated as part of the Procedures and is not undertaking and shall not be responsible for any other aspect of the Trust's Fund’s Program or for the overall compliance by the Trust Fund with the Patriot Act. Additionally, the parties acknowledge and agree that the Transfer Agent shall only be responsible for performing the Procedures with respect to the ownership of shares in the Trust Fund for which the Transfer Agent maintains the applicable participant shareholder information. 3.2 The Trust Fund also acknowledges and agrees that the Transfer Agent's ’s provision of the procedures Procedures hereunder is dependent upon the receipt by the Transfer Agent of certain services from third parties. In the event services from any such third party becomes unavailable, the Transfer Agent shall use reasonable efforts to obtain equivalent services from an alternative provider or may, in its discretion, discontinue the delegated duties upon such prior notice to the Trust Fund as may be reasonably practicable. Notwithstanding anything to the contrary contained herein, the Transfer Agent will have no liability for the performance or non performance nonperformance of any such third party except to the extent the Transfer Agent failed to exercise the same care in its selection of such third party as the Transfer Agent exercises in the conduct of its own operations.

Limitation on Delegation. 3.1 The Trust Fund acknowledges and agrees that in accepting the delegation hereunder, the Transfer Agent is agreeing to perform only those aspects of the TrustFund's Program that have been expressly delegated as part of the Procedures and is not undertaking and shall not be responsible for any other aspect of the TrustFund's Program or for the overall compliance by the Trust Fund with the Patriot Act. Additionally, the parties acknowledge and agree that the Transfer Agent shall only be responsible for performing the Procedures with respect to the ownership of shares in the Trust Fund for which the Transfer Agent maintains the applicable participant information. 3.2 The Trust Fund also acknowledges and agrees that the Transfer Agent's provision of the procedures Procedures hereunder is dependent upon the receipt by the Transfer Agent of certain services from third parties. In the event services from any such third party becomes unavailable, the Transfer Agent shall use reasonable efforts to obtain equivalent services from an alternative provider or may, in its discretion, discontinue the delegated duties upon such prior notice to the Trust Fund as may be reasonably practicable. Notwithstanding anything to the contrary contained herein, the Transfer Agent will have no liability for the performance or non performance nonperformance of any such third party except to the extent the Transfer Agent failed to exercise the same care in its selection of such third party as the Transfer Agent exercises in the conduct of its own operations.