Common use of Prices of OTC Derivatives and Certain Other Assets Clause in Contracts

Prices of OTC Derivatives and Certain Other Assets. (a) If Customer elects to use the X.X. Xxxxxx OTC Derivative Administration Solutions valuation service to value OTC Derivative Contracts held by a Fund, that service will be provided in accordance with, and be subject to, the terms and conditions set forth in [Schedule 5]. (b) Except as set forth in paragraph (a), X.X. Xxxxxx shall value OTC Derivative Contracts and other investments that X.X. Xxxxxx reasonably determines do not have a readily ascertainable fair market value in accordance with procedures provided by Customer. It is agreed that in cases where such procedures involve the use of an algorithm or other model, X.X. Xxxxxx shall have no responsibility for any defect or flaw in that model or for its appropriateness for use for the specific asset.

Appears in 3 contracts

Samples: Fund Sub Services Agreement (Eq Advisors Trust), Fund Services Agreement (Eq Advisors Trust), Fund Sub Services Agreement (Eq Advisors Trust)

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Prices of OTC Derivatives and Certain Other Assets. (a) If Customer elects to use the X.X. J.X. Xxxxxx OTC Derivative Administration Solutions valuation service to value OTC Derivative Contracts held by a Fund, that service will be provided in accordance with, and be subject to, the terms and conditions set forth in [Schedule 5]. (b) Except as set forth in paragraph (a), X.X. J.X. Xxxxxx shall value OTC Derivative Contracts and other investments that X.X. J.X. Xxxxxx reasonably determines do not have a readily ascertainable fair market value in accordance with procedures provided by Customer. It is agreed that in cases where such procedures involve the use of an algorithm or other model, X.X. J.X. Xxxxxx shall have no responsibility for any defect or flaw in that model or for its appropriateness for use for the specific asset.

Appears in 2 contracts

Samples: Fund Services Agreement (Axa Premier Vip Trust), Fund Services Agreement (Axa Premier Vip Trust)

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