Notice of Certain Regulatory Matters. At the request of a Customer (which request shall be made by the Customers not more than once annually), and provided that disclosure by BNY Mellon is not prohibited by applicable law, rule or agreement between BNY Mellon and a governmental authority with jurisdiction over XXX Xxxxxx, XXX Xxxxxx will make available to the Customer publicly available information which BNY Mellon makes available to its clients generally regarding a criminal or regulatory investigation of BNY Mellon with respect to a violation by BNY Mellon of federal securities laws, the U.S. Bank Secrecy Act, the USA PATRIOT Act or a failure of BNY Mellon to have sufficient policies or procedures relating to compliance with applicable law (collectively, “Regulatory Matters”). In addition, provided that disclosure by BNY Mellon is not prohibited by applicable law, rule or agreement between BNY Mellon and a governmental authority with jurisdiction over XXX Xxxxxx, XXX Xxxxxx will make available to the Customers publicly available information regarding a Regulatory Matter which would reasonably be expected to have a material adverse impact on BNY Mellon’s performance of services to the Customers under this Agreement as promptly as reasonably practicable under the circumstances. In each case, each Customer acknowledges and agrees that BNY Mellon’s failure to make any such information available to the Customer shall not be deemed to be a breach of this Agreement.
Notice of Certain Regulatory Matters. At the request of the Customer, and provided that disclosure by BNY Mellon is not prohibited by applicable law, rule or agreement between BNY Mellon and any governmental authority, BNY Mellon will make available to the Customer publicly filed information regarding a criminal or regulatory investigation of BNY Mellon. Customer acknowledges and agrees that BNY Mellon’s failure to make any such information available to Customer shall not be deemed to be a breach of this Agreement.
Notice of Certain Regulatory Matters. 11 10. COMPENSATION 11 10.1 Fees and Expenses 11 10.2 Other Compensation 11 11. REPRESENTATIONS, WARRANTIES AND COVENANTS 12 11.1 BNY 12 11.2 Customer 12 12. LIABILITY 13 12.1 Standard of Care 13 12.2 Limitation of Liability 13
Notice of Certain Regulatory Matters. At the request of the Customer, and provided that disclosure by BNY is not prohibited by applicable law, rule or agreement between BNY and any governmental authority, BNY will make available to the Customer publicly filed information regarding a criminal or regulatory investigation of BNY. Customer acknowledges and agrees that BNY’s failure to make any such information available to Customer shall not be deemed to be a breach of this Agreement.
