Modifications to Current Agreement. The Current Agreement is hereby amended by deleting Schedule B and replacing it in its entirety with the Schedule B attached to the Amendment To Sub-Transfer Agency And Shareholder Services Agreement, dated as of June 9, 2021, by and among BNYM, the Company and the Funds.
Modifications to Current Agreement. The Current Agreement is amended as follows:
(a) The words “PNC Global Investment Servicing (U.S.) Inc.” are deleted each place they appear and are replaced in their entirety with the words “BNY Mellon Investment Servicing (US) Inc.”; the defined term “PNC” is deleted each place it appears and is replaced with “BNYM”; each reference to “The PNC Financial Services Group, Inc.” shall be deleted each place it appears and replaced with “The Bank of New York Mellon Corporation”; and each reference to “ING” and “ING Groep N.V.” shall be deleted each place they appear and be replaced with, respectively, “Voya” and “Voya Financial, Inc.”
(b) Section 9(a) is deleted and replaced in its entirety with the following:
(a) BNYM shall commence to provide Services to the Fund under this Agreement on April 20, 2009 and, unless terminated pursuant to its terms, shall continue until 11:59 PM on the December 31, 2022 (the “Initial Term”).
(c) Section 16(d) is deleted and replace in its entirety with the following:
(d) Notwithstanding any other provision of this Agreement, except as provided in this Section 16(d), in no event shall BNYM, its Affiliates or any of its or their directors, officers, employees, agents or subcontractors be liable under the Agreement under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, for exemplary, punitive, special, incidental, indirect or consequential damages, or for any other damages, losses or payment obligations, including indemnification obligations under Section 17, which are not direct damages regardless of whether such damages, losses or payment obligations were or should have been foreseeable and regardless of whether any entity or person has been advised of the possibility of such damages, losses or payment obligations, all and each of which is hereby excluded by agreement of the parties; provided, however, in connection with a breach of Sections 18 or 19 involving the personal information of Fund shareholders, the foregoing shall not prohibit the awarding of damages representing (i) cost of notifications required by law to the adversely impacted individuals, (ii) costs of providing credit monitoring to adversely impacted individuals for 1 year or such longer period required by law, (iii) costs of additional call center staffing at BNYM to respond to shareholder inquiries related to the incident and (iv) regulatory fines and penalties.
Modifications to Current Agreement. The Current Agreement is hereby amended by deleting Exhibit A to the Current Agreement in its entirety and replacing it with Exhibit A attached to Amendment No. 6 between BNYM and Trust, dated January 20, 2021 (the “Amended Agreement”).
Modifications to Current Agreement. The Current Agreement is hereby amended by deleting Section 13(a) and replacing it in its entirety with the following:
(a) This Agreement shall be effective as set forth in the Background section and continue, unless validly terminated pursuant to this Section 13 prior thereto, until December 31, 2020 (the "Initial Term")
Modifications to Current Agreement. The Current Agreement is hereby amended as follows: Schedule A is hereby deleted in its entirety and replaced by the new Schedule A attached to this Amendment No. 9.
Modifications to Current Agreement. The Current Agreement is amended as follows:
(a) Section l.1(j) of the Current Agreement is hereby deleted in its entirety and replaced with the following:
Modifications to Current Agreement. The Current Agreement is hereby amended as follows:
(a) Exhibit A shall be deleted in its entirety and replaced with the Exhibit A attached to this Amendment.
(b) Exhibit B shall be deleted in its entirety and replaced with the Exhibit B attached to this Amendment.
Modifications to Current Agreement. The Current Agreement is hereby amended as follows:
(a) The words "Dreyfus Transfer, Inc." shall be deleted each place it appears and be replaced by "BNY Mellon Transfer, Inc."
(b) The defined term "DTI" shall be deleted each place it appears, whether appearing as a standalone defined term or as part of a multiword definition, and be replaced in all such contexts by "BNYM-TI."
(c) The term "The Dreyfus Corporation" shall be deleted each place it appears and be replaced in all such contexts by "BNY Mellon Investment Adviser, Inc."
(d) A new Section 3(l), which reads in its entirety as follows, is added:
Modifications to Current Agreement. The Current Agreement is hereby amended by deleting Section 13(b) and replacing it in its entirety with the following:
(b) This Agreement shall automatically renew on the final day of the Initial Term for an additional term which will continue until August 31, 2017 and thereafter the Agreement shall automatically renew on each anniversary of August 31, 2017 for a one year period (each of the automatic renewal terms being a "Renewal Term"), unless the Company, the Fund or BNYM gives written notice to each other party of its intent not to renew and such notice is received by each other party not less than sixty (60) days prior to the expiration of the then-current Renewal Term (a "Non- Renewal Notice"). In the event a party provides a Non-Renewal Notice, this Agreement shall terminate at 11:59 PM (Eastern Time) on the last day of the Renewal Term. A Non-Renewal Notice from the Company shall constitute notice of termination of the Agreement in its entirety for the Company and all Funds and a Non-Renewal Notice from a Fund shall constitute a notice of termination of the Agreement solely with respect to the Fund providing the Non-Renewal Notice.
Modifications to Current Agreement. The Current Agreement is hereby amended as follows:
(a) A new subsection (j), which reads in its entirety as follows, is added to Section 10: