Common use of Scope of ALPS’ Obligations Clause in Contracts

Scope of ALPS’ Obligations. ALPS shall at all times use reasonable commercial efforts in performing ICS under this Agreement. In the absence of willful misconduct, knowing violations of applicable law, reckless disregard of its duties under this Agreement, or negligence on its part in the performance of ICS, ALPS shall not be liable for any loss or damage suffered in connection with the use of the ICS under this Agreement. With respect to those actions or services delineated in Exhibit A and all other instructions given to ALPS by the Fund, ALPS shall be presumed to have exercised reasonable commercial efforts if it has acted in accordance with Exhibit A and other instructions provided by the Fund. With respect to any claims for losses, damages, costs or expenses which may arise directly or indirectly from Security Procedures which ALPS has implemented or omitted, ALPS shall be presumed to have used reasonable commercial efforts if it has followed, in all material respects, those Security Procedures described, posted and maintained on ALPS Virtual Access (“AVA”) site and in Exhibit B to this Agreement. ALPS may, but shall not be required to, modify such Security Procedures from time to time to the extent it believes, in good faith, that such modifications will enhance the security of ICS. All data and information transmissions via ICS are for informational purposes only, and are not intended to satisfy regulatory requirements or comply with any laws, rules, requirements or standards of any federal, state or local governmental authority, agency or industry regulatory body, including the securities industry, which compliance is the sole responsibility of the Fund. The Fund acknowledges and agrees that its Users are responsible for verifying the accuracy and receipt of all data or information transmitted via ICS. The Fund is responsible for advising its Users of their responsibility for promptly notifying the ALPS of any errors or inaccuracies relating to shareholder data or information transmitted via ICS. ALPS will not be held liable for any errors or inaccuracies relating to shareholder data or information transmitted to ALPS via ICS by Transfer Agent, the Fund or Designated Agent for the services described in Exhibit C.

Scope of ALPS’ Obligations. ALPS shall at all times use reasonable commercial efforts in performing ICS under this Agreement. In the absence of a failure to perform the Security Procedures or its willful misconduct, knowing violations of applicable law, reckless disregard of its duties under this Agreement, or negligence on its part in the performance of ICS, ALPS shall not be liable for any loss or damage suffered in connection with the use of the ICS under this Agreement. With respect to those actions or services delineated in Exhibit A Exhibits A-1 and A-2 and all other instructions given to ALPS by the Fund, ALPS shall be presumed to have exercised reasonable commercial efforts if it has acted in accordance with Exhibit A Exhibits A-1 and A-2 and other instructions provided by the Fund. With respect to any claims for losses, damages, costs or expenses which may arise directly or indirectly from Security Procedures which ALPS has implemented or omitted, ALPS shall be presumed to have used reasonable commercial efforts if it has followed, in all material respects, at least those Security Procedures described, posted described in Section 2.6 and maintained on ALPS Virtual Access (“AVA”) site Exhibits B-1 and in Exhibit B B-2 to this Agreement. ALPS may, but shall not be required to, modify such Security Procedures from time to time to the extent it believes, in good faith, that such modifications will enhance the security of ICSICS and ALPS will notify the Fund of such enhancements. All data and information transmissions via ICS are for informational purposes only, and are not intended to satisfy regulatory requirements or comply with any laws, rules, requirements or standards of any federal, state or local governmental authority, agency or industry regulatory body, including the securities industry, which compliance is the sole responsibility of the Fund. The Fund acknowledges and agrees agree that its Users are responsible for verifying the accuracy and receipt of all data or information transmitted via ICSICA. The Fund is responsible for advising its Users of their responsibility for promptly notifying the ALPS Portfolio’s transfer agent of any errors or inaccuracies relating to shareholder data or information transmitted via ICS. ALPS will not be held liable for any errors or inaccuracies relating to shareholder data or information transmitted to ALPS via ICS by Transfer Agent, the Fund or Designated Agent for the services described in Exhibit C..

Scope of ALPS’ Obligations. ALPS shall at all times use reasonable commercial efforts in performing ICS under this Agreement. In the absence of willful misconduct, knowing violations of applicable law, reckless disregard of its duties under this Agreement, or negligence on its part in the performance of ICS, ALPS shall not be liable for any loss or damage suffered in connection with the use of the ICS under this Agreement. Agreement With respect to those actions or services delineated in Exhibit A A-1 and all other instructions given to ALPS by the FundFunds, ALPS shall be presumed to have exercised reasonable commercial efforts if it has acted in accordance with Exhibit A A-1 and other instructions provided by the FundFunds. With respect to any claims for losses, damages, costs or expenses which may arise directly or indirectly from Security Procedures which ALPS has implemented or omitted, ALPS shall be presumed to have used reasonable commercial efforts if it has followed, in all material respects, at least those Security Procedures described, posted and maintained on ALPS Virtual Access (“AVA”) site and described in Exhibit B B-1 to this Agreement. ALPS may, but shall not be required to, modify such Security Procedures from time to time to the extent it believes, in good faith, that such modifications will enhance the security of ICS. All data and information transmissions via ICS are for informational purposes only, and are not intended to satisfy regulatory requirements or comply with any laws, rules, requirements or standards of any federal, state or local governmental authority, agency or industry regulatory body, including the securities industry, which compliance is the sole responsibility of the Funds and each Fund. The Fund acknowledges Funds acknowledge and agrees agree that its their Users are responsible for verifying the accuracy and receipt of all data or information transmitted via ICSICA. The Fund is The-Funds are responsible for advising its their Users of their responsibility for promptly notifying the ALPS Portfolios’ transfer agent of any errors or inaccuracies relating to shareholder data or information transmitted via ICS. ALPS will not be held liable for any errors or inaccuracies relating to shareholder data or information transmitted to ALPS via ICS by Transfer Agent, the Fund or Designated Agent for the services described in Exhibit C..