Common use of Severability; No Third Party Beneficiaries Clause in Contracts

Severability; No Third Party Beneficiaries. In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations shall not in any way be affected or impaired thereby, and if any provision is inapplicable to any person or circumstances, it shall nevertheless remain applicable to all other persons and circumstances. A person who is not a party to this Agreement shall have no rights to enforce any provision of this Agreement, and no Fund shall have a right to enforce any provision of this Agreement as it relates to another Fund. BNY Mellon shall not be responsible for any costs or fees charged to a Fund or an affiliate of a Fund by consultants, counsel, auditors, public accountants or other service providers retained by the Fund or any such affiliate.

Appears in 160 contracts

Samples: Fund Administration and Accounting Agreement (Virtus ETF Trust II), Administration Agreement (Franklin Lexington Private Markets Fund), Fund Accounting Agreement (T. Rowe Price International Funds, Inc.)

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Severability; No Third Party Beneficiaries. In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations shall not in any way be affected or impaired thereby, and if any provision is inapplicable to any person or circumstances, it shall nevertheless remain applicable to all other persons and circumstances. A person who is not a party to this Agreement shall have no rights to enforce any provision of this Agreement, and no Fund shall have a right to enforce any provision of this Agreement as it relates to another Fund. BNY Mellon shall not be responsible for any costs or fees charged to a Fund or an affiliate of a Fund by consultants, counsel, auditors, public accountants or other service providers retained by the Fund Trust or any such affiliate.

Appears in 2 contracts

Samples: Fund Administration and Accounting Agreement (Third Avenue Trust), Fund Administration and Accounting Agreement (Third Avenue Variable Series Trust)

Severability; No Third Party Beneficiaries. In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations shall not in any way be affected or impaired thereby, and if any provision is inapplicable to any person or circumstances, it shall nevertheless remain applicable to all other persons and circumstances. A person who is not a party to this Agreement shall have no rights to enforce any provision of this Agreement, and no Fund other party shall have a right to enforce any provision of this Agreement as it relates to another Fundone of the undersigned. BNY Mellon shall not be responsible for any costs or fees charged to a the Fund or an affiliate of a the Fund by consultants, counsel, auditors, public accountants or other service providers retained by the Fund or any such affiliate.

Appears in 2 contracts

Samples: Fund Administration and Accounting Agreement (EGA Emerging Global Shares Trust), Fund Administration and Accounting Agreement (EGA Frontier Diversified Core Fund)

Severability; No Third Party Beneficiaries. In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations shall not in any way be affected or impaired thereby, and if any provision is inapplicable to any person or circumstances, it shall nevertheless remain applicable to all other persons and circumstances. A person who is not a party to this Agreement shall have no rights to enforce any provision of this Agreement, and no Fund shall have a right to enforce any provision of this Agreement as it relates to another Fund. BNY Mellon shall not be responsible for any costs or fees charged to a Fund the Trust or an affiliate of a Fund the Trust by consultants, counsel, auditors, public accountants or other service providers retained by the Fund Trust or any such affiliate.

Appears in 1 contract

Samples: Fund Administration and Accounting Agreement (Forethought Variable Insurance Trust)

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Severability; No Third Party Beneficiaries. In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations shall not in any way be affected or impaired thereby, and if any provision is inapplicable to any person or circumstances, it shall nevertheless remain applicable to all other persons and circumstances. A Unless otherwise provided for in this Agreement and subject to applicable law, a person who is not a party to this Agreement shall have no rights to enforce any provision of this Agreement, and no Fund shall have a right to enforce any provision of this Agreement as it relates to another Fund. BNY Mellon shall not be responsible for any costs or fees charged to a Fund or an affiliate of a Fund by consultants, counsel, auditors, public accountants or other service providers retained by the Fund or any such affiliate.

Appears in 1 contract

Samples: Fund Administration and Accounting Agreement (Sequoia Fund Inc)

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