Replacements. (1) In the event that any member of the Service Delivery Organization is found to be unacceptable to Voya for reasons that do not violate Law, Voya may request removal of such member of the Service Delivery Organization from the Voya account. Following such request, BNY Mellon and Voya shall meet and use diligent efforts to reach a mutually acceptable resolution to the removal request, and, if such resolution is reached, provide a replacement for such member of the Service Delivery Organization acceptable to Voya as soon as reasonably possible. (2) BNY Mellon shall as soon as reasonably possible, use commercially reasonable efforts to replace a Service Delivery Organization member who is terminated, resigns or otherwise ceases to perform the Services with an individual with equal or better qualifications to perform the Services and shall otherwise maintain backup and replacement procedures for the Service Delivery Organization to maintain continuity of the Services. (3) Except as otherwise provided in the Agreement, or otherwise agreed in writing by Voya, BNY Mellon shall not invoice Voya for, and Voya shall have no obligation to pay any amounts with respect to, time to train an individual appointed to the Service Delivery Organization, including with respect to training for an individual replacing an individual who was removed from the Service Delivery Organization.
Appears in 15 contracts
Samples: Fund Administration Support Services Agreement (Voya Enhanced Securitized Income Fund), Fund Administration Support Services Agreement (Voya MUTUAL FUNDS), Fund Administration Support Services Agreement (Voya Separate Portfolios Trust)
