Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, negligence or reckless disregard of such duties.
Appears in 33 contracts
Samples: Transfer Agency and Related Services Agreement (Sma Relationship Trust), Transfer Agency and Related Services Agreement (Painewebber Index Trust), Transfer Agency and Related Services Agreement (Painewebber Securities Trust)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action hereunder on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, negligence or reckless disregard of such duties.
Appears in 29 contracts
Samples: Agency Services Agreement (MGI Funds), Transfer Agency Services Agreement (First Trust/Four Corners Senior Floating Rate Income Fund), Transfer Agency Services Agreement (Atlas Funds)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its best efforts efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 18 contracts
Samples: Administration and Accounting Services Agreement (Hilliard Lyons Investment Trust), Administrative Services Agreement (Bear Stearns Funds), Administration and Accounting Services Agreement (Lasalle Master Trust)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action hereunder on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise customary care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, negligence or reckless disregard of such duties.
Appears in 17 contracts
Samples: Transfer Agency Services Agreement (Pimco Floating Rate Income Fund), Transfer Agency Services Agreement (Pimco New York Municipal Income Fund Ii), Transfer Agency Services Agreement (Pimco Municipal Income Fund)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action hereunder on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 16 contracts
Samples: Administration and Accounting Services Agreement (RBB Fund Inc), Administration and Accounting Services Agreement (RBB Fund Inc), Administration and Accounting Services Agreement (RBB Fund Inc)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action hereunder on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise commercially reasonable care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, negligence or reckless disregard of such duties.
Appears in 16 contracts
Samples: Transfer Agency Services Agreement (First Trust/Gallatin Specialty Finance & Financial Opportunities Fund), Transfer Agency Services Agreement (First Trust/Aberdeen Global Opportunity Income Fund), Administration and Accounting Services Agreement (First Trust Strategic High Income Fund Iii)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its best efforts efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 15 contracts
Samples: Transfer Agency Services Agreement (Hilliard Lyons Investment Trust), Accounting Services Agreement (Webs Index Fund Inc), Transfer Agency Services Agreement (FBR Family of Funds)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its best efforts efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, negligence or reckless disregard of such duties.
Appears in 8 contracts
Samples: Transfer Agency Services Agreement (Rodney Square Strategic Equity Fund), Transfer Agency Services Agreement (Wt Mutual Fund), Transfer Agency Services Agreement (Rodney Square Strategic Fixed Income Fund)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action hereunder on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise customary care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's ’s failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's ’s willful misfeasance, bad faith, negligence or reckless disregard of such duties.
Appears in 6 contracts
Samples: Transfer Agency Services Agreement (PIMCO Global StocksPLUS & Income Fund), Transfer Agency Services Agreement (PIMCO Floating Rate Strategy Fund), Transfer Agency Services Agreement (PIMCO Income Opportunity Fund)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 6 contracts
Samples: Form of Agreement (Acp Strategic Opportunities Fund Ii LLC), Agreement (Asa Managed Futures Fund LLC), Agreement (Btop50 Cta Index Fund)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 5 contracts
Samples: Transfer Agency Services Agreement (Kelmoore Strategy Variable Trust), Transfer Agency Services Agreement (Harvest Funds //), Transfer Agency Services Agreement (Kelmoore Strategy Variable Trust)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 4 contracts
Samples: Investor Services Agreement (Gam Avalon Palemedes LLC), Investor Services Agreement (Gam Avalon Dinadan LLC), Accounting and Investor Services Agreement (Excelsior Venture Partners Iii LLC)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action hereunder on behalf of the a Fund except as specifically set forth herein or as may be specifically agreed to by PFPC and the Trust in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 4 contracts
Samples: Administration and Accounting Services Agreement (Eip Investment Trust), Administration and Accounting Services Agreement (Eip Investment Trust), Transfer Agency Services Agreement (Eip Investment Trust)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 3 contracts
Samples: Administration and Accounting Services Agreement (Kelmoore Strategy Variable Trust), Administration and Accounting Services Agreement (Kelmoore Strategy Variable Trust), Administration and Accounting Services Agreement (Harvest Funds //)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund or the Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 3 contracts
Samples: Administration and Accounting Services Agreement (RBB Fund Inc), Administration and Accounting Services Agreement (RBB Fund Inc), Administration and Accounting Services Agreement (RBB Fund Inc)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund Partnership except as specifically set forth herein or as may be specifically agreed to by PFPC and the Partnership in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 3 contracts
Samples: Accounting and Investor Services Agreement (Gam Avalon Multi-Europe Lp), Accounting and Investor Services Agreement (Gam Avalon Multi Technology Lp), Accounting and Investor Services Agreement (Gam Avalon Multi-Global Lp)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of RSMC or the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its best commercially reasonable efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 3 contracts
Samples: Accounting Services Agreement (Wt Investment Trust I), Accounting Services Agreement (Wt Mutual Fund), Administration and Accounting Services Agreement (Wt Mutual Fund)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund Trust except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, negligence or reckless disregard of such duties.
Appears in 3 contracts
Samples: Agency and Related Services Agreement (Mitchell Hutchins Securities Trust), Agency and Related Services Agreement (Mitchell Hutchins Securities Trust), Form of Transfer Agency Agreement (Mitchell Hutchins Portfolios)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its it best efforts efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 2 contracts
Samples: Transfer Agency Services Agreement (Pax World Growth Fund Inc), Transfer Agency Services Agreement (Pax World High Yield Fund Inc)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action hereunder on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, negligence or reckless disregard of such duties.
Appears in 2 contracts
Samples: Transfer Agency Services Agreement (Ust Private Equity Investors Fund Inc), Transfer Agency Services Agreement (Excelsior Private Equity Fund Ii Inc)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action hereunder on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's ’s failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's ’s willful misfeasance, bad faith, negligence or reckless disregard of such duties.
Appears in 2 contracts
Samples: Transfer Agency Services Agreement (Torray Fund), And Transfer Agency Services Agreement (Wilshire Variable Insurance Trust)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action hereunder on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's ’s failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's ’s willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 2 contracts
Samples: Transfer Agency Services Agreement (Highland Funds I), Transfer Agency Services Agreement (Rivus Bond Fund)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its best commercially reasonable efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 1 contract
Samples: Administration and Accounting Services Agreement (Wt Mutual Fund)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its best efforts efforts, within reasonable limits, in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's ’s failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's ’s willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 1 contract
Samples: Transfer Agency Services Agreement (Eii Realty Securities Trust)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund hereunder except as specifically set forth herein or as may be specifically agreed to by PFPC PFPC, Monument and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 1 contract
Samples: Sub Transfer Agency Services Agreement (Monument Series Fund Inc)
Responsibility of PFPC. (a) a. PFPC shall be under no duty to take any action hereunder on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's ’s failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's ’s willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 1 contract
Samples: Administration and Accounting Services Agreement (Rivus Bond Fund)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically -specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 1 contract
Samples: Administration and Accounting Services Agreement (Advantage Advisers Multi - Sector Fund I)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its best efforts efforts, within reasonable limits, in performing the services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 1 contract
Samples: Form of Transfer Agency Services Agreement (E Trade Funds)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of E*TRADE, the Fund or any Portfolio except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's ’s failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's ’s willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 1 contract
Samples: State Securities Services Agreement (E Trade Funds)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action hereunder on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such dutiesduties or any material breach by PFPC of this Agreement.
Appears in 1 contract
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund Trust or RSMC except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, to act in good faith and to use its best commercially reasonable efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 1 contract
Samples: Administration and Accounting Services Agreement (Wt Mutual Fund)
Responsibility of PFPC. (a) PFPC shall be under no duty hereunder to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. Subject to the terms of this Section 12, PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement only to the extent such damages arise out of PFPC's willful misfeasance’s intentional misconduct, bad faith, gross negligence or reckless disregard of such dutiesduties (“Standard of Care”).
Appears in 1 contract
Samples: Administration, Accounting and Investor Services Agreement (UBS Enso Fund)
Responsibility of PFPC. (a) PFPC shall be under no duty hereunder to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, negligence or reckless disregard of such duties.
Appears in 1 contract
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action hereunder on behalf of the Fund Trust except as specifically set forth herein or as may be specifically agreed to by PFPC and the Trust in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform performance of its duties under this Agreement to the extent such damages arise out of PFPC's negligence, willful misfeasance, bad faith, negligence misfeasance or reckless disregard of such dutiesfraud.
Appears in 1 contract
Samples: Transfer Agency Services Agreement (Afl Cio Housing Investment Trust)
Responsibility of PFPC. (a) A. PFPC shall be under no duty to take any action hereunder on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC and the Fund in writinga written amendment hereto. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable only for any damages arising out of PFPC's failure to perform its duties under this Agreement to the extent such damages arise out of PFPC's willful misfeasance, bad faith, negligence or reckless disregard of such duties.
Appears in 1 contract
Samples: Transfer Agency Services Agreement (Aquila Three Peaks High Income Fund)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. PFPC shall be obligated to exercise care and diligence in the performance of its duties hereunder, hereunder and to act in good faith and to use its best efforts in performing services provided for under this Agreement. PFPC shall be liable for any damages arising out of PFPC's failure to perform its duties under this Agreement Agreement, and shall indemnify the Fund for such damages, to the extent such damages arise out of PFPC's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
Appears in 1 contract
Samples: Transfer Agency Services Agreement (Hillview Investment Trust Ii)