Common use of Other Exclusions Clause in Contracts

Other Exclusions. UNDER NO CIRCUMSTANCES ARISING FROM THIS AGREEMENT OR THE STN AGREEMENT OR ANY OTHER AGREEMENT BETWEEN Citi AND THE PROVIDER OF THE LICENSED SYSTEM SHALL Citi OR STN (OR ANY OF THEIR AFFILIATES PROVIDING SOFTWARE OR SERVICES UNDER THIS AGREEMENT) OR ANY THIRD PARTY PROVIDER (EXCLUDING INTERMEDIARIES) BE LIABLE TO THE COMPANY OR ANY OTHER PERSON FOR TRADING LOSSES, INACCURATE DISTRIBUTIONS, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY OTHER LOSSES RESULTING FROM Citi’s USE OF THE LICENSED SYSTEM OR ANY OTHER SERVICES PROVIDED HEREUNDER, INCLUDING THE DATA TRANSMITTED ON THE LICENSED SYSTEM AND THE DATA AND SERVICES PROVIDED BY THIRD PARTY PROVIDERS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE AND WHETHER OR NOT FORESEEABLE, EVEN IF Citi, STN AND THEIR AFFILIATES AND THE THIRD PARTY PROVIDERS OR OTHER THIRD PARTIES HAVE BEEN ADVISED OR WERE AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE COMPANY’S USE OF THE LICENSED SYSTEM AND ANY OTHER SERVICES PROVIDED UNDER THIS AGREEMENT SHALL NOT BE DEEMED LEGAL, TAX OR INVESTMENT ADVICE.

Appears in 1 contract

Samples: Rule 22c 2 Services Agreement (HSBC Investor Funds)

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Other Exclusions. UNDER NO CIRCUMSTANCES ARISING FROM THIS AGREEMENT OR THE STN AGREEMENT OR ANY OTHER AGREEMENT BETWEEN Citi BISYS AND THE PROVIDER OF THE LICENSED SYSTEM SHALL Citi BISYS OR STN (OR ANY OF THEIR AFFILIATES PROVIDING SOFTWARE OR SERVICES UNDER THIS AGREEMENT) OR ANY THIRD PARTY PROVIDER (EXCLUDING INTERMEDIARIES) BE LIABLE TO THE COMPANY OR ANY OTHER PERSON FOR TRADING LOSSES, INACCURATE DISTRIBUTIONS, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY OTHER LOSSES RESULTING FROM Citi’s BISYS' USE OF THE LICENSED SYSTEM OR ANY OTHER SERVICES PROVIDED HEREUNDER, INCLUDING THE DATA TRANSMITTED ON THE LICENSED SYSTEM AND THE DATA AND SERVICES PROVIDED BY THIRD PARTY PROVIDERS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE AND WHETHER OR NOT FORESEEABLE, EVEN IF CitiBISYS, STN AND THEIR AFFILIATES AND THE THIRD PARTY PROVIDERS OR OTHER THIRD PARTIES HAVE BEEN ADVISED OR WERE AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE COMPANY’S 'S USE OF THE LICENSED SYSTEM AND ANY OTHER SERVICES PROVIDED UNDER THIS AGREEMENT SHALL NOT BE DEEMED LEGAL, TAX OR INVESTMENT ADVICE.

Appears in 1 contract

Samples: Rule 22c 2 Services Agreement (Performance Funds Trust)

Other Exclusions. UNDER NO CIRCUMSTANCES ARISING FROM THIS AGREEMENT OR THE STN AGREEMENT OR ANY OTHER AGREEMENT BETWEEN Citi BISYS AND THE PROVIDER OF THE LICENSED SYSTEM SHALL Citi BISYS OR STN (OR ANY OF THEIR AFFILIATES PROVIDING SOFTWARE OR SERVICES UNDER THIS AGREEMENT) OR ANY THIRD PARTY PROVIDER (EXCLUDING INTERMEDIARIES) BE LIABLE TO THE COMPANY OR ANY OTHER PERSON FOR TRADING LOSSES, INACCURATE DISTRIBUTIONS, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY OTHER LOSSES RESULTING FROM Citi’s BISYS' USE OF THE LICENSED SYSTEM OR ANY OTHER SERVICES PROVIDED HEREUNDER, INCLUDING THE DATA TRANSMITTED ON THE LICENSED SYSTEM AND THE DATA AND SERVICES PROVIDED BY THIRD PARTY PROVIDERS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE AND WHETHER OR NOT FORESEEABLE, EVEN IF CitiBISYS, STN AND THEIR AFFILIATES AND THE THIRD PARTY PROVIDERS OR OTHER THIRD PARTIES HAVE BEEN ADVISED OR WERE AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE COMPANY’S 'S USE OF THE LICENSED SYSTEM AND ANY OTHER SERVICES PROVIDED UNDER THIS AGREEMENT SHALL NOT BE DEEMED LEGAL, TAX OR INVESTMENT ADVICE.

Appears in 1 contract

Samples: Services Agreement (YieldQuest Funds Trust)

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Other Exclusions. UNDER NO CIRCUMSTANCES ARISING FROM THIS AGREEMENT OR THE STN AGREEMENT OR ANY OTHER AGREEMENT BETWEEN Citi CITI AND THE PROVIDER OF THE LICENSED SYSTEM SHALL Citi CITI OR STN (OR ANY OF THEIR AFFILIATES PROVIDING SOFTWARE OR SERVICES UNDER THIS AGREEMENT) OR ANY THIRD PARTY PROVIDER (EXCLUDING INTERMEDIARIES) BE LIABLE TO THE COMPANY OR ANY OTHER PERSON FOR TRADING LOSSES, INACCURATE DISTRIBUTIONS, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY OTHER LOSSES RESULTING FROM Citi’s CITI’S USE OF THE LICENSED SYSTEM OR ANY OTHER SERVICES PROVIDED HEREUNDER, INCLUDING THE DATA TRANSMITTED ON THE LICENSED SYSTEM AND THE DATA AND SERVICES PROVIDED BY THIRD PARTY PROVIDERS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE AND WHETHER OR NOT FORESEEABLE, EVEN IF CitiCITI, STN AND THEIR AFFILIATES AND THE THIRD PARTY PROVIDERS OR OTHER THIRD PARTIES HAVE BEEN ADVISED OR WERE AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE , COMPANY’S USE OF THE LICENSED SYSTEM AND ANY OTHER SERVICES PROVIDED UNDER THIS AGREEMENT SHALL NOT BE DEEMED LEGAL, TAX OR INVESTMENT ADVICE.

Appears in 1 contract

Samples: Rule 22c 2 Services Agreement (Cavanal Hill Funds)

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