Common use of Modifications to Current Agreement Clause in Contracts

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 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.