Common use of Loss Reimbursement Clause in Contracts

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 error to the Fund’s '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 '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.