Common use of Notification; Reliance on Third Party to Provide Documents Clause in Contracts

Notification; Reliance on Third Party to Provide Documents. If, for any reason, the Fund and the Adviser are unable to provide the Required Materials in the manner set forth in section 2, the Fund and the Adviser shall notify the Company. The Fund and the Adviser shall be responsible for the actions or inactions or any other failures of any third party that they may utilize to provide the Required Materials in the manner set forth in section 2; and any actions, inactions or other failures by any such third party shall not relieve the Fund or Adviser from their obligations under this Amendment. Notwithstanding the foregoing and anything to the contrary herein, in no event shall any Party be responsible or liable in any way for any failure or delay in the performance of their obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, pandemics, civil or military disturbances, insurrection, riots, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

Notification; Reliance on Third Party to Provide Documents. If, for any reason, the Fund and the Adviser are unable to provide the Required Materials in the manner set forth in section 2, the Fund and the Adviser shall promptly notify the Company. The Fund and the Adviser shall be responsible for the actions or inactions or any other failures of any third party that they may utilize to provide the Required Materials in the manner set forth in section 2; and any actions, inactions or other failures by any such third party shall not relieve the Fund or Adviser from their obligations under this Amendment. Notwithstanding the foregoing and anything to the contrary herein, in no event shall any Party be responsible or liable in any way for any failure or delay in the performance of their obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, pandemics, civil or military disturbances, insurrection, riots, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

Notification; Reliance on Third Party to Provide Documents. If, for any reason, the Fund and the Adviser are unable to provide the Required Materials in the manner set forth in section 2, the Fund and the Adviser shall promptly notify the CompanyCompany and SDL. The Fund and the Adviser shall be responsible for the actions or inactions or any other failures of any third party that they may utilize to provide the Required Materials in the manner set forth in section 2; and any actions, inactions or other failures by any such third party shall not relieve the Fund or Adviser from their obligations under this Amendment. Notwithstanding the foregoing and anything to the contrary herein, in no event shall any Party be responsible or liable in any way for any failure or delay in the performance of their obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, pandemics, civil or military disturbances, insurrection, riots, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.