Price Errors. (a) In the event adjustments are required to correct any error in the computation of the net asset value of shares of the Fund, the Fund or Adviser shall promptly notify Company after discovering the need for those adjustments which result in a reimbursement to an Account in accordance with such Fund's then current policies on reimbursement. Notification may be made orally or via direct or indirect systems access. Any such notification shall be promptly followed by a letter written on Fund or Adviser letterhead and shall state for each day for which an error occurred the incorrect price, the correct price, and, to the extent communicated to the Fund's shareholder, the reason for the price change. Fund and Adviser agree that Company may send this writing, or derivation thereof (so long as such derivation is approved in advance by Fund or Adviser, which approval shall not be unreasonably withheld) to Owners that are affected by the price change.
(b) If the Account received amounts in excess of the amounts to which it otherwise would have been entitled prior to an adjustment for an error, Company, when requested by Fund or Adviser, will use its best efforts to collect such excess amounts from the Account. In no event, however, shall Company be liable to Fund or Adviser for any such amounts.
(c) If an adjustment is to be made in accordance with subsection (a) above to correct an error which has caused the Account to receive an amount less than that to which it is entitled, Fund or Adviser shall make all necessary adjustments (within the parameters specified in subsection (a)) to the number of shares owned in the Account and distribute to the Company the amount of such underpayment for credit to the Account.
Price Errors. (1) In the event adjustments are required to correct any material error in the computation of the net asset value of the Trust's shares, the Trust or the Adviser shall notify the Company as soon as practicable after discovering the need for those adjustments which result in a reimbursement to an Account in accordance with the Trust's or the Adviser's then current policies on reimbursement, which the Trust or the Adviser represents are reasonable and consistent with applicable standards. Notification may be made via facsimile or via direct or indirect systems access. Any such notification shall be promptly followed by a letter written on the Trust's or the Adviser's letterhead stating for each day for which an error occurred the incorrect price, the correct price, and, to the extent communicated to the Trust's shareholders, the reason for the price change.
(2) If an adjustment is to be made in accordance with subsection (1) above to correct an error which has caused an Account to receive an amount different than that to which it is entitled, the Trust or the Adviser shall make all necessary adjustments to the number of shares owned in the Account and distribute to the Account the amount of such underpayment for credit to the Contract owners. Upon the furnishing of an accounting to the Trust or the Adviser by the Company, the Trust or the Adviser will immediately reimburse to the Company all reasonable expenses incurred by the Company, including the expense of any organization that the Company has retained to provide administration or recordkeeping services under this Agreement, to adjust all Accounts and accounts of Contract owners affected by such error.
Price Errors. (a) In the event adjustments are required to correct any error in the computation of the net asset value of Fund shares, Distributors shall notify Service Organization as soon as practicable after discovering the need for those adjustments which result in a reimbursement to an Account in accordance with such Fund's then current policies on reimbursement. Notification may be made via facsimile or via direct or indirect systems access. Any such notification shall be promptly followed by a letter written on Distributors' letterhead stating for each day for which an error occurred the incorrect price, the correct price, and, to the extent communicated to the Fund's shareholders, the reason for the price change.
(b) If an Account received amounts in excess of the amounts to which it otherwise would have been entitled prior to an adjustment for an error, Service Organization, when requested by Distributors, will use reasonable efforts to collect such excess amounts from the applicable Plans.
(c) If an adjustment is to be made in accordance with subsection 4(a) above to correct an error which has caused an Account to receive an amount less than that to which it is entitled, Distributors shall make all necessary adjustments (within the parameters specified in subsection 4(a)) to the number of shares owned in the Account and distribute to the Plan the amount of such underpayment for credit to the Participants' subaccounts.
Price Errors. The Underwriter or its designated affiliate will follow its internal policies to determine whether an adjustment is necessary to correct any error in the computation of the NAV per share for any Fund.
Price Errors. (1) In the event adjustments are required to correct any error in the computation of the net asset value of a Portfolio's shares, XXX or the Trust shall notify the Company as soon as practicable after discovering the need for those adjustments which result in a reimbursement to an Account in accordance with SAM's or the Trust's then current policies on reimbursement, which XXX or the Trust, as appropriate, represents are reasonable and consistent with applicable standards. Notification may be made via facsimile or via direct or indirect systems access. Any such notification shall be promptly followed by a letter written on SAM's or the Trust's letter- head stating for each day for which an error occurred the incorrect price, the correct price, and, to the extent communicated to the Trust's shareholders, the reason for the price change.
(2) If an adjustment is to be made in accordance with subsection (1) above to correct an error which has caused an Account to receive an amount different than that to which it is entitled, XXX or the Trust shall make all necessary adjustments to the number of shares owned in the Account and distribute to the Account the amount of such underpayment for credit to the Contract owners. Upon the furnishing of an accounting to XXX or the Trust by the Company, XXX or the Trust will immediately reimburse to the Company all reasonable expenses incurred by the Company, or any organization that the Company has retained to provide administration or recordkeeping services under this Agreement to adjust all Accounts and accounts of Contract owners affected by such error.
Price Errors. USBFS will follow its internal policies to determine whether an adjustment is necessary to correct any error in the computation of the net asset value per share for any Fund.
Price Errors. With respect to NAV information, Janus Services shall make the determination as to whether an error in NAV has occurred and is a material error, as defined in current SEC guidelines, and Janus Services shall control its correction of such error in accordance with SEC guidelines and its own internal policies. In no event shall delays in providing prices due to conditions beyond the control of Janus Services, such as acts of God, fires, electrical or phone outages, be considered pricing errors and Janus Services shall not be required to reimburse for such delays. Janus Services shall use the same standards with respect to share prices for the Company as for all other shareholders in the Funds.
Price Errors. (a) In the event adjustments are required to correct any error in the computation of the net asset value of a Fund's shares, the Company or its designee shall notify the Recordkeeper as soon as practicable after discovering the need for those adjustments that result in a reimbursement to an Account in accordance with the Fund's then current policies on reimbursement. Notification may be made via facsimile or via direct or indirect systems access. Any such notification shall be promptly followed by a letter written on the Company's or such designee's letterhead stating for each day for which an error occurred the incorrect price, the correct price, and, to the extent communicated to the Fund's shareholders, the reason for the price change.
(b) If an Account received amounts in excess of the amounts to which it otherwise would have been entitled prior to an adjustment for an error, the Recordkeeper, when requested by the Company or its designee, will use its best efforts to collect the excess amounts from the applicable Plans.
(c) If an adjustment is to be made in accordance with subsection 4(a) above to correct an error which has caused an Account to receive an amount less than that to which it is entitled, the Company or its designee shall make all necessary adjustments (within the parameters specified in subsection 4(a)) to the number of shares owned in the Account and distribute to the Plan the amount of such underpayment for credit to the Participants' subaccounts.
Price Errors. 15.1. ͞WƌŝĐmĞea ns aƌn ƌobŽvioƌus͟m isquote by NAGA, or any market, exchange, price providing information source or official on whom the Company reasonably relies, having regard to the market conditions at the time of a trade is placed.
15.2. When determining whether a situation amounts to a Price Error, NAGA may take into account all information in its possession including, without limitation, information concerning all relevant market conditions and any error in, or lack of clarity of, any information source or announcement.
15.3. NAGA will, when making a determination as to whether a situation amounts to a Price Error, act fairly towards the Client but the fact that the Client may have entered into a corresponding financial commitment, contract or trade in relation to an order placed with NAGA shall not be taken into account by the Company in determining whether there has been a Price Error. The Company reserves the right, without prior notice to:
15.3.1. Amend the details of such order to reflect what it reasonably considers in its discretion, acting in good faith, to have been the correct or fair terms of such order if the Price Error(s) has not occurred;
15.3.2. If the Client does not promptly agree to any amendment made which the Company proposes under this clause [which the Company will notify the Client via the Website and/or Platform(s)] the Company may void any transaction resulting from or deriving from a Price Error, such that the result is the same as if it had never been made; and/or
15.3.3. Not take any action at all.
15.4. NAGA may take any reasonable steps for any trades executed at prices resulting from a Price Error(s) (as defined herein), such as computer errors, misquotes or omissions, or at prices that are clearly at odds with the fair market prices. Acting reasonably and in good faith, the Company may take the following actions to trades based on a Price Error:
15.4.1. Void trade;
15.4.2. close the trade at the current market price; or
15.4.3. amend the opening and/or the closing price of the trade, as if it would have been executed in the absence of the Price Error.
15.5. NAGA will not be liable to the Client for any loss, cost, claim, demand or expense that they suffer (including loss of profits or any indirect or consequential losses) resulting from a Price Error, including where the Price Error is made by any information source or from the ŽŵƉĂŶLJ͛Ɛ ĚĞĐŝƐŝŽŶ -cƚlaŽuse 1Ě4.Ž3 a boĂveŶ, eLJxcƚepŚt tŝo tŶheŐex teƵntŶthĚatĞit ƌ ƐƵď is...
Price Errors a. In txx xxxxx xxxustments are required to correct any error in the computation of the net asset value ("price") of Fund shares made by Fund Party or a Fund or to make NSCC adjustments Fund Party or the Fund shall notify Morgan Stanley DW Inc. as soon as possible after discovering the nxxx xxr xxxx xxxxstments. Notification can be made verbally but must be confirmed in writing. Written confirmation will be made by Fund Party on Fund letterhead and must state for each day for which an error occurred the incorrect price, the correct price, and the reason for the price change. Fund Party or Fund each agrees that Morgan Stanley DW Inc. may send this writing, or derivation thereox, xx Cxxxxxx xxxse accounts are affected by the price change.
b. Fund Party or a Fund shall reimburse Morgan Stanley DW Inc. for all reasonable out-of-pocket expenses ixxxxxxd xx Xxxxxx Stanley DW Inc. in effecting such adjustments upon submissixx xx axx xxxxxxx accounting Fund Party reasonably may require. Expenses to be reimbursed may include, but are not limited to, the costs of performing any additional reconciliation, canceling and rebilling, sending notifications of the error to Clients, requesting remittance and pursuing collection of amounts received (through redemptions or otherwise) in excess of the amount to which such Clients would otherwise have been entitled, and all reasonable expenses related to personnel in connection therewith, but shall not include Morgan Stanley DW Inc.'s overhead expenses.
c. Xx Xxxexxx xxxx xeceived amounts in excess of the amounts to which they otherwise would have been entitled prior to an adjustment for an error, Morgan Stanley DW Inc., unless Fund Party and a Fund otherwise agrxx, xxlx xxxx x xood faith attempt to collect such excess amounts from those Clients. In no event, however, shall Morgan Stanley DW Inc. be liable to Fund or Fund Party for any sucx xxxxnxx xxxxxxxd the overpayment was not caused by Morgan Stanley DW Inc.
d. If an adjustment is nxxxxxxrx xx xxxxxct an error made by Fund Party or a Fund which has caused Clients to receive amounts less than amounts to which they are entitled, the Fund, by utilizing NSCC procedures, shall make all necessary adjustments to the number of shares owned by these Clients, and distribute to these Clients any and all amounts of the underpayment.
