Loss Reimbursement. Subadviser shall reimburse the Account for any material error to the Fund's net asset value caused by Subadviser's breach of its standard of care, as set forth in the following sentence that is a direct cause of a delay in the accurate daily pricing of the Fund. In managing the Account, Subadviser shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims.
Loss Reimbursement. Subadviser shall reimburse the Account for any material error to the Fund's net asset value caused by Subadviser's breach of its standard of care set forth in Section 12 that is a direct cause of a delay in the accurate daily pricing of the Fund(s), provided such loss was not the result of action or inaction of other service providers to the Client or the Fund.
Loss Reimbursement. Subadviser shall reimburse the Account for any material error to the Fund’s net asset value, as described by The Vantagepoint Funds’ NAV Error Correction Policy in effect at such time, caused by Subadviser.
Loss Reimbursement. Adviser shall reimburse the Account for any material error to the Fund's net asset value caused by Adviser's breach of its standard of care set forth in Section 12 that is a direct cause of a delay in the accurate daily pricing of the Fund(s), provided such loss was not the result of action or inaction of other service providers to the Client or the Fund in failing to observe the instructions of the Adviser.
Loss Reimbursement. Adviser shall reimburse the Account for any loss caused by Adviser's actions that cause delay in the accurate daily pricing of the Fund(s).
Loss Reimbursement. Subadviser shall reimburse the Account for any material error to the Fund's net asset value caused by Subadviser's breach of its standard of care, as set forth in the following sentence that is a direct cause of a delay in the accurate daily pricing of the Fund, provided such loss was not the result of action or inaction of other service providers to Client or Fund. In managing the Account, Subadviser shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims.
Loss Reimbursement. Subadviser shall reimburse the Account for any error to the Fund’s net asset value amounting to one cent per share or more, in accordance with The Vantagepoint Funds’ NAV Error Correction Policy in effect at such time, caused by Subadviser’s breach of its standard of care, as set forth in the following sentence that is a direct cause of a delay in the accurate daily pricing of the Fund. In managing the Account, Subadviser shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. Subadviser shall not be required to reimburse the Account for errors resulting from or in any way arising out of force majeure or other events beyond the control of the Subadviser, including without limitation any failure, default or delay in performance resulting from computer or other electronic or mechanical equipment failure, unauthorized access, strikes, failure of common carrier or utility systems, severe weather or breakdown in communications not reasonably within the control of the Subadviser or other causes commonly known as “acts of god”, whether or not any such cause was reasonably foreseeable. Client must give Subadviser prompt written notice of any modification to the NAV Error Correction Policy.
Loss Reimbursement. Subadviser shall reimburse the Account for any material error to the Fund’s net asset value caused by Subadviser’s breach of its standard of care, as set forth in the following sentence that is a direct cause of a delay in the accurate daily pricing of the Fund. In managing the Account, Subadviser shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. Under no circumstances shall the Subadviser be liable for any loss arising out of any act or omission taken by another subadviser, or any other third party, in respect of any portion of the Accounts assets not managed by the Subadviser pursuant to this Agreement.
Loss Reimbursement. Adviser shall reimburse the Account for any loss caused by Adviser's breach of the standard of care set forth in Section 12 that causes delay in the accurate daily pricing of the Fund(s), but Adviser shall not be responsible for the actions of other service providers, including broker-dealers, and it is understood that Adviser is not responsible for daily pricing of the Fund.
Loss Reimbursement. All claims for reimbursement of Loss pursuant to Section 3(b) of this Agreement shall be submitted quarterly, by the GMAC Parties within forty-five (45) days of the end of each calendar quarter, for all Repurchased PLS Mortgages finally liquidated or otherwise finally disposed of, PLS Makewhole Payments made and Modifications effected during such calendar quarter. Claims submissions shall include:
(a) details of the Loss calculation for each loan;
(b) the loan file and other documentation necessary to support the Loss calculation; and
(c) a certificate of an officer of the applicable GMACM Party involved in the servicing function, that with respect to the servicing of such loan:
(i) in the case of each Repurchased PLS Mortgage, such loan was, since the repurchase of the loan by the applicable GMACM Party, serviced in accordance with the Servicing Procedures and the Servicing Standard; and
(ii) the claimed amount in respect of each loan was calculated in accordance with the requirements of this Agreement. Xxxxxx Xxx will provide written notice of any objections within thirty (30) days of receipt of a claim for reimbursement and pay all undisputed claims within forty-five (45) days of such receipt. On payment of any claim made in connection with the final liquidation or other final disposition of CONFIDENTIAL TREATMENT [***] Indicates that text has been omitted which is the subject of a confidential treatment request. This text has been separately filed with the Securities and Exchange Commission
