Standard of Care/Limitations of Liability. (a) Each Fund and NCB acknowledges that the Internet is an "open," publicly accessible network and not under the control of any party. PFPC's provision of Accounting Services is dependent upon the proper functioning of the Internet and services provided by telecommunications carriers, firewall providers, encryption system developers and others. Each Fund and NCB agrees that PFPC shall not be liable in any respect for the actions or omissions of any third party wrongdoers (i.e., hackers not employed by such party or its affiliates) or of any third parties involved in the Accounting Services and shall not be liable in any respect for the selection of any such third party, unless that selection constitutes a breach of PFPC's standard of care set forth in Section 14 of the Agreement.
Appears in 3 contracts
Samples: Administration and Accounting Services Agreement (Armada Funds), Administration and Accounting Services Agreement (Armada Funds), Administration and Accounting Services Agreement (Armada Funds)
Standard of Care/Limitations of Liability. (a) Each The Fund and NCB acknowledges that the Internet is an "open," publicly accessible network and not under the control of any party. PFPC's provision of Accounting Services is dependent upon the proper functioning of the Internet and services provided by telecommunications carriers, firewall providers, encryption system developers and others. Each The Fund and NCB agrees that PFPC shall not be liable in any respect for the actions or omissions of any third party wrongdoers (i.e., hackers not employed by such party or its affiliates) or of any third parties involved in the Accounting Services and shall not be liable in any respect for the selection of any such third party, unless that selection constitutes a breach of PFPC's standard of care set forth in Section 14 of the Agreement.
Appears in 2 contracts
Samples: Administration and Accounting Services Agreement (Armada Funds), And Accounting Services Agreement (Armada Advantage Fund)
Standard of Care/Limitations of Liability. (a) Each Fund The Funds and NCB Advisor acknowledges that the Internet is an "open," publicly accessible network and not under the control of any party. PFPCPNC's provision of Accounting Services is dependent upon the proper functioning of the Internet and services provided by telecommunications carriers, firewall providers, encryption system developers and others. Each Fund The Funds and NCB Advisor agrees that PFPC PNC shall not be liable in any respect for the actions or omissions of any third party wrongdoers (i.e., hackers not employed by such party or its affiliates) or of any third parties involved in the Accounting Services and shall not be liable in any respect for the selection of any such third party, unless that selection constitutes a breach of PFPCPNC's standard of care set forth in Section 14 of the Agreement.
Appears in 2 contracts
Samples: Administration and Accounting Services Agreement (Allegiant Funds), Administration and Accounting Services Agreement (Allegiant Advantage Fund)
Standard of Care/Limitations of Liability. (a) Each The Fund and NCB acknowledges that the Internet is an "open," publicly accessible network and not under the control of any party. PFPC's provision of Accounting Services is dependent upon the proper functioning of the Internet and services provided by telecommunications carriers, firewall providers, encryption system developers and others. Each Without limiting the generality or applicability of Sections 13 or 14 of this Agreement, the Fund and NCB agrees that PFPC shall not be liable in any respect for the actions or omissions of any third party wrongdoers (i.e., hackers not employed by such party or its affiliates) or of any third parties involved in the Accounting Services and shall not be liable in any respect for the selection of any such third party, unless that selection constitutes a breach of PFPC's standard of care set forth in Section 14 of the this Agreement.
Appears in 1 contract
Standard of Care/Limitations of Liability. (a) Each Fund and NCB acknowledges that the Internet is an "open," publicly accessible network and not under the control of any party. PFPC's provision of Accounting Services is dependent upon the proper functioning of the Internet and services provided by telecommunications carriers, firewall providers, encryption system developers and others. Each Fund and NCB agrees that PFPC shall not be liable in any respect for the actions or omissions of any third party wrongdoers (i.e., hackers not employed by such party or its affiliates) or of any third parties involved in the Accounting Services and shall not be liable in any respect for the selection of any such third party, unless that selection constitutes a breach of PFPC's standard of care set forth in Section 14 15 of the Agreement.
Appears in 1 contract
Samples: Accounting Services Agreement (Armada Advantage Fund)