Mutual Representations, Warranties and Covenant. Each party warrants, represents and covenants to the other party that it will use commercially reasonable efforts to avoid engaging in any act, omission or conduct which would result in the introduction into the software or systems of the other party any computer software routines, code or programming devices designed to permit unauthorized persons to access or use the other party’s software, systems or Confidential Information or data resident in the other party’s systems or to disrupt, interfere, impair, reprogram, recode, disable, modify, destroy or damage the other party’s software or systems or the operation thereof, any data resident in the other party’s systems, or any party’s lawful and valid access to or use of the other party’s software or systems, including without limitation any “back door,” “time bomb,” “Trojan horse,” “worm,” “drop dead device,” “virus”, “preventative routine,” “disabling code,” or “cookie”.
Appears in 22 contracts
Samples: Agency and Shareholder Services Agreement, Transfer Agency and Shareholder Services Agreement (Sit Mutual Funds Inc), Transfer Agency and Shareholder Services Agreement (Sit Mutual Funds Ii Inc)
Mutual Representations, Warranties and Covenant. Each party warrants, represents and covenants to the other party that it will use commercially reasonable efforts to avoid engaging in any act, omission or conduct which would result in the introduction into the software or systems of the other party any computer software routines, code or programming devices designed to permit unauthorized persons to access or use the other party’s 's software, systems or Confidential Information or data resident in the other party’s 's systems or to disrupt, interfere, impair, reprogram, recode, disable, modify, destroy or damage the other party’s 's software or systems or the operation thereof, any data resident in the other party’s 's systems, or any party’s 's lawful and valid access to or use of the other party’s 's software or systems, including without limitation any “"back door,” “" "time bomb,” “" "Trojan horse,” “" "worm,” “" "drop dead device,” “" "virus”", “"preventative routine,” “" "disabling code,” " or “"cookie”".
Appears in 12 contracts
Samples: Transfer Agency Services Agreement (Bennett Group Master Funds), Form of Transfer Agency and Shareholder Services Agreement (Touchstone Strategic Trust), Form of Transfer Agency and Shareholder Services Agreement (Touchstone Investment Trust)
Mutual Representations, Warranties and Covenant. Each party warrants, represents and covenants to the other party that it will use commercially reasonable efforts to avoid engaging in any act, omission or conduct which would result in the introduction into the software or systems of the other party any computer software routines, code or programming devices designed to permit unauthorized persons to access or use the other party’s 's software, systems or Confidential Information or data resident in the other party’s 's systems or to disrupt, interfere, impair, reprogram, recode, disable, modify, destroy or damage the other party’s 's software or systems or the operation thereof, any data resident in the other party’s 's systems, or any party’s 's lawful and valid access to or use of the other party’s 's software or systems, including without limitation any “"back door,” “" "time bomb,” “" "Trojan horse,” “" "worm,” “" "drop dead device,” “" "virus”", “"preventative routine,” “" "disabling code,” " or “"cookie”.". Confidential And Proprietary Execution Version
Appears in 1 contract
Samples: Transfer Agency and Investor Services Agreement (Matthews a Share Selections Fund, LLC)
