Common use of Mutual Representations, Warranties and Covenant Clause in Contracts

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: Transfer 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)

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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), Transfer Agency and Shareholder Services Agreement (Touchstone Investment Trust), Transfer Agency and Shareholder Services Agreement (Touchstone Funds Group Trust)

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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)

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