Common use of Scope of DST Obligations Clause in Contracts

Scope of DST Obligations. DST shall at all times use reasonable care in performing FAN Services 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 FAN Services, DST shall not be liable for any action taken, suffered, or omitted by it or for any error made by it in the performance of its services under this Agreement. With respect to those actions or services delineated in FAN Options and all other instructions given to DST by Customer, DST shall be presumed to have exercised reasonable care if it has acted in accordance with the FAN Options and other instructions provided by Customer. With respect to any claims for losses, damages, costs or expenses which may arise directly or indirectly from Security Procedures which DST has implemented or omitted, DST shall be presumed to have used reasonable care if it has followed, in all material respects, at least those Security Procedures described in the Security Procedures attachment to each Service Exhibit to this Agreement. DST 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 FAN. All data and information transmissions via FAN Services 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 Customer and each Fund. Customer acknowledges and agrees that its Users are responsible for verifying the accuracy and receipt of all data or information transmitted via FAN Services. Customer is responsible for advising its Users of their responsibility for promptly notifying the Fund's transfer agent of any errors or inaccuracies relating to shareholder data or information transmitted via FAN Services.

Scope of DST Obligations. DST shall at all times use reasonable care commercial efforts in performing FAN Mail Services under this Agreement. In the absence of willful misconduct, knowing violations of applicable law, reckless disregard breach of its duties under this Agreement, or negligence on its part in the performance of FAN Services, DST shall not be liable for any action taken, suffered, loss or omitted by it or for any error made by it damage suffered in connection with the performance use of its services under this AgreementFAN Mail Services. With respect to those actions or services delineated in FAN Options and all other instructions given to DST by Customer, DST shall be presumed to have exercised reasonable care fulfilled its obligations if it has acted in accordance with the FAN Options and other instructions provided by Customer. With respect to any claims for losses, damages, costs or expenses which may arise directly or indirectly from Security Procedures which DST has implemented or omitted, DST shall be presumed to have used reasonable care fulfilled its obligations if it has followed, in all material respects, at least those Security Procedures described in the Security Procedures attachment to each Service Exhibit to this Agreement. DST 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 not diminish the security of FANFAN Mail Services. All data and information transmissions made available via FAN Mail Services 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 Customer and each FundCustomer. Customer acknowledges and agrees that its Users Recipients are responsible for verifying the accuracy and receipt of all data or information transmitted made available via FAN Mail Services. Customer is responsible for advising its Users Recipients of their responsibility for promptly notifying the Fund's appropriate transfer agent of any errors or inaccuracies relating to shareholder Financial Product Unit holder data or other information transmitted made available via FAN Mail Services.

Scope of DST Obligations. DST shall at all times use reasonable care commercial efforts in performing FAN Digital Solutions Services under this AgreementAgreement and shall perform such services in accordance with applicable federal and state law, rules and regulations. In the absence of willful misconduct, knowing violations of applicable law, reckless disregard breach of its duties under this Agreement, or negligence on its part in the performance of FAN Services, DST shall not be liable for any action taken, suffered, loss or omitted by it or for any error made by it damage suffered in connection with the performance use of its services under this AgreementDigital Solutions Services. With respect to those actions or services delineated in FAN Digital Solutions Options and all other instructions given to DST by Customer, DST shall be presumed to have exercised reasonable care fulfilled its obligations if it has acted in accordance with the FAN Digital Solutions Options and other instructions provided by Customer. With respect to any claims for losses, damages, costs or expenses which may arise directly or indirectly from Security Procedures or Authentication Procedures which DST has implemented or omitted, DST shall be presumed to have used reasonable care fulfilled its obligations if it has followed, in all material respects, at least those Security Procedures attached hereto as Attachment I and those Authentication Procedures described in the Security Procedures attachment to each Service Exhibit to this Agreement, if applicable. DST may, but shall not be required to, modify such Security Procedures and Authentication Procedures from time to time to the extent it believes, in good faith, that such modifications will enhance not diminish the security of FAN. All data and information transmissions via FAN Digital Solutions Services 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 Customer and each FundCustomer. Customer acknowledges and agrees that its Users are responsible for verifying the accuracy and receipt of all data or information transmitted via FAN Digital Solutions Services. Customer is responsible for advising its Users of their responsibility for promptly notifying the Fund's ’s transfer agent of any errors or inaccuracies relating to shareholder data or information transmitted via FAN Digital Solutions Services.

Scope of DST Obligations. DST shall at all times use reasonable care commercial efforts in performing FAN Services under this Agreement. In the absence of willful misconduct, knowing violations of applicable law, reckless disregard of its duties performing FAN Services under this Agreement, or negligence on its part in DST shall comply with the U.S. federal securities laws, including the Securities Act of 1933 and the Investment Company Act of 1940 to the extent such laws are applicable to DST's performance of the FAN Services. In the absence of breach of its obligations under this Agreement, DST shall not be liable for any action taken, suffered, loss or omitted by it or for any error made by it damage suffered in connection with the performance use of its services under this AgreementFAN Services. With respect to those actions or services delineated in FAN Options and all other instructions given provided to DST by CustomerCustomer including, but not limited to, FAN Options, DST shall be presumed to have exercised reasonable care fulfilled its obligations if it has acted in accordance with the FAN Options and other instructions provided by Customersuch instructions. With respect to any claims for losses, damages, costs or expenses which may arise directly or indirectly from Security Procedures which DST has implemented or omitted, DST shall be presumed to have used reasonable care fulfilled its obligations if it has followed, in all material respects, at least those Security Procedures described in the Security Procedures attachment to each Service Exhibit to this Agreement. DST 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 not diminish the security of FAN. All data and information transmissions via FAN Services are provided for informational purposes only, Customer's convenience and the convenience of Users and are not intended to be used by Customer either to satisfy its regulatory requirements or to 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 Customer and each FundCustomer. Without limiting the scope of DST's obligations hereunder, Customer acknowledges and agrees that its Users are responsible for verifying the accuracy and receipt of all data or information transmitted via FAN Services. Customer is responsible for advising its Users of their responsibility for promptly notifying to notify the Fund's transfer agent of any errors or inaccuracies such Users have identified relating to shareholder data or information transmitted via FAN Services.

Scope of DST Obligations. DST shall at all times use reasonable care commercial efforts in performing FAN Services under this Agreement. In the absence of willful misconduct, knowing violations of applicable law, reckless disregard breach of its duties or obligations under this Agreement, or negligence on its part in the performance of FAN Services, DST shall not be liable for any action taken, suffered, loss or omitted by it or for any error made by it damage suffered in connection with the performance use of its services under this AgreementFAN Services. With respect to those actions or services delineated in FAN Options and all other instructions given to DST by Customer, DST shall be presumed to have exercised reasonable care fulfilled its obligations if it has acted in accordance with the FAN Options and other instructions provided by Customer. With respect to any claims for losses, damages, costs or expenses which may arise directly or indirectly from Security Procedures which DST has implemented or omitted, DST shall be presumed to have used reasonable care fulfilled its obligations if it has followed, in all material respects, at least those Security Procedures described in the Security Procedures attachment to each Service Exhibit to this Agreement. DST 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 not diminish the security of FAN. All data and information transmissions via FAN Services 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 Customer and each FundCustomer. Customer acknowledges and agrees that its Users are responsible for verifying the accuracy and receipt of all data or information transmitted via FAN Services. Customer is responsible for advising its Users of their responsibility for promptly notifying the Fund's ’s transfer agent of any errors or inaccuracies relating to shareholder data or information infor nation transmitted via FAN Services.

Scope of DST Obligations. DST shall at all times use reasonable care commercial efforts in performing FAN Services under this Agreement. In the absence of willful misconduct, knowing violations of applicable law, reckless disregard a breach of its duties under this Agreement, or negligence on its part in the performance of FAN Services, DST shall not be liable for any action taken, suffered, loss or omitted by it or for any error made by it damage suffered in connection with the performance use of its services under this AgreementFAN Services. With respect to those actions or services delineated in FAN Options and all other instructions given to DST by Customer, DST shall be presumed to have exercised reasonable care fulfilled its obligations if it has acted in accordance with the FAN Options and other instructions provided by Customer. With respect to any claims for losses, damages, costs or expenses which may arise directly or indirectly from Security Procedures which DST has implemented or omitted, DST shall be presumed to have used reasonable care fulfilled its obligations if it has followed, in all material respects, at least those Security Procedures described in the Security Procedures attachment attachment, if any, to each Service Exhibit to this Agreement. DST 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 not diminish the security of FAN. All data and information transmissions via FAN Services 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 Customer and each FundCustomer. Customer acknowledges and agrees that its Users are responsible for verifying the accuracy and receipt of all data or information transmitted via FAN Services. Customer is responsible for advising its Users of their responsibility for promptly notifying the Fund's ’s transfer agent of any errors or inaccuracies relating to shareholder data or information transmitted via FAN Services.

Scope of DST Obligations. Customer acknowledges and agrees that the use of DST shall FAN Web Services is solely at all times use reasonable care in performing FAN Services under this AgreementCustomer's sole risk. 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 FAN Services, DST shall not be liable obligated to (a) ensure or verify the accuracy or actual receipt of any of the data or information contained in any transmission via DST FAN Web Services or ensure the consummation of any Transaction requested by any Shareholder via DST FAN Web Services, (b) ensure or verify the timely transmission of any data or information or the consummation of any Transaction requested via DST FAN Web Services; or (c) adopt any procedures (other than the encryption procedures required by DST for any action takenall DST FAN Web Services customers) to protect the integrity, sufferedconfidentiality or secrecy of, or omitted to prevent the unauthorized interception, corruption, use of, or access to, any data or information transmitted via DST FAN Web Services, all of which is the sole responsibility of Customer. Customer acknowledges that the processing of Transaction requests by it or for any error made by it in the performance of its services under this Agreement. With respect to those actions or services delineated in FAN Options and all other instructions given to DST by Customer, DST shall be presumed to have exercised reasonable care if it has acted in accordance with the FAN Options and other instructions provided by is solely an accommodation to Customer to avoid excessive numbers of Transactions being rejected during the nightly processing cycle of Customer. With respect Customer acknowledges and agrees further that it will not rely upon FAN or the DST FAN Web Services to edit or otherwise qualify or test any claims Transaction for lossesvalidity, damages, costs acceptability or expenses which may arise directly or indirectly from Security Procedures which DST has implemented or omitted, DST shall be presumed to have used reasonable care if it has followed, in all material respects, at least those Security Procedures described in the Security Procedures attachment to each Service Exhibit to this Agreement. DST 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 FANapproval. All data and information transmissions via DST FAN Web Services are for informational information 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 Customer and each Fund. Customer acknowledges and agrees that Customer and its Users Shareholders are responsible for verifying verify the accuracy and receipt of all data or information transmitted via DST FAN Web Services. Customer is responsible for advising its Users Shareholders of their responsibility for promptly notifying the Fund's transfer agent of any errors or inaccuracies relating to shareholder Shareholder data or information transmitted via DST FAN Web Services.