Common use of Modifications to Electronic Service Clause in Contracts

Modifications to Electronic Service. (a) The Bank reserves the right to modify an Electronic Service from time to time without notice to the Funds, provided, however, that any such modification does not affect the functionality of, nor the user interface to, an Electronic Service. The Bank will give the Fund at least 30 days notice prior to making any modifications to an Electronic Service that would materially alter their functionality or the user interface. (b) The Bank may make Upgrades to an Electronic Service or the Software which may affect their functionality and user interface. Each Fund shall use its best efforts to install and use any Upgrade offered by the Bank within 90 days of the date that the Bank provides such Upgrade to the Funds. In the event that a Fund fails to install an Upgrade for any reason, the Bank may refuse to provide support to a Fund, and the Bank shall have no liability for any losses, claims or damages that would have been avoided by use of the Upgrade. (c) Each Fund agrees not to modify or attempt to modify an Electronic Service without the prior written consent of the Bank. Each Fund acknowledges that the Electronic Service are the property of the Bank and, accordingly, each Fund agrees that any modifications to an Electronic Service, whether by a Fund or the Bank and whether with or without the consent of the Bank, become the property of the Bank.