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Common use of Testimony Clause in Contracts

Testimony. If SS&C is required by a third party subpoena or otherwise, to produce documents, testify or provide other evidence regarding the Services, this Agreement or the operations of Fund in any Action to which Client is a party or otherwise related to Client, Client shall reimburse SS&C for all out of pocket costs and expenses, for legal representation, that SS&C reasonably incurs in connection therewith, except for costs and expenses resulting solely from the gross negligence, willful misconduct or fraud of SS&C Associates in the performance of SS&C’s duties or obligations under this Agreement.

Appears in 15 contracts

Samples: Master Services Agreement (Managed Futures Premier Aventis Ii L.P.), Master Services Agreement (Global Diversified Futures Fund L.P.), Master Services Agreement (Potomac Futures Fund Lp)

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Testimony. If SS&C is required by a third party subpoena or otherwise, to produce documents, testify or provide other evidence regarding the Services, this Agreement or the operations of Fund in any Action to which Client Fund or Management is a party or otherwise related to ClientFund or Management, Client Fund and Management shall reimburse SS&C for all out of pocket costs and expenses, for including the time of its professional staff at SS&C’s standard rates and the cost of legal representation, that SS&C reasonably incurs in connection therewith, except for costs and expenses resulting solely from the gross negligence, willful misconduct or fraud of SS&C Associates in the performance of SS&C’s duties or obligations under this Agreement.

Appears in 8 contracts

Samples: Services Agreement (Gemcorp Commodities Alternative Products Fund), Services Agreement (C1 Fund Inc.), Services Agreement (Pop Venture Fund)

Testimony. If SS&C is required by a third party subpoena or otherwise, to produce documents, testify or provide other evidence regarding the Services, this Agreement or the operations of a Fund in any Action to which Client is a party or otherwise related to Client (other than any Action between SS&C and Client), Client shall reimburse SS&C for all out of pocket reasonable costs and expenses, for including the time of its professional staff at SS&C’s standard rates and the reasonable cost of legal representation, that SS&C reasonably incurs in connection therewith, except for costs and expenses to the extent resulting solely from the gross negligence, willful misconduct or fraud of SS&C Associates in the performance of SS&C’s duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Transfer Agency Services Agreement (T. Rowe Price OHA Flexible Credit Income Fund), Transfer Agency Services Agreement (T. Rowe Price OHA Select Private Credit Fund)

Testimony. If SS&C is required by a third party subpoena or otherwise, to produce documents, testify or provide other evidence regarding the Services, this Agreement or the operations of Fund in any Action to which Client Fund is a party or otherwise related to ClientFund, Client Fund shall reimburse SS&C for all out of pocket costs and expenses, for including the time of its professional staff at SS&C’s standard rates and the cost of legal representation, that SS&C reasonably incurs in connection therewith, except for costs and expenses to the extent solely resulting solely from the gross negligence, willful misconduct or fraud of SS&C Associates in the performance of SS&C’s duties or and obligations under this Agreement.

Appears in 2 contracts

Samples: Services Agreement (CION Grosvenor Infrastructure Master Fund, LLC), Services Agreement (CION Grosvenor Infrastructure Fund)

Testimony. If SS&C is required by a third party subpoena or otherwise, to produce documents, testify or provide other evidence regarding the Services, this Agreement or the operations of Fund Client in any Action to which Client or Management is a party or otherwise related to Client, Client shall reimburse SS&C for all out of pocket costs and expenses, for including the time of its professional staff at SS&C’s standard rates and the cost of legal representation, that SS&C reasonably incurs in connection therewith, except for costs and expenses resulting solely from the gross negligence, willful misconduct or fraud of SS&C Associates in the performance of SS&C’s duties or obligations under this Agreement.

Appears in 2 contracts

Samples: Services Agreement (Silver Spike Investment Corp.), Services Agreement (Silver Spike Investment Corp.)

Testimony. If SS&C is required by a third party subpoena or otherwise, to produce documents, testify or provide other evidence regarding the Services, this Agreement or the operations of Fund Company in any Action to which Client is a party or otherwise related to Client, Client shall reimburse SS&C for all out of pocket costs and expenses, for including the time of its professional staff at SS&C’s standard rates and the cost of legal representation, that SS&C reasonably incurs in connection therewith, except for costs and expenses resulting solely from the gross negligence, willful misconduct or fraud of SS&C Associates in the performance of SS&C’s duties or obligations under this Agreement.

Appears in 1 contract

Samples: Services Agreement (Eagle Point Credit Co Inc.)

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Testimony. If SS&C is required by a third party subpoena or otherwise, to produce documents, testify or provide other evidence regarding the Services, this Agreement or the operations of Fund in any Action to which Client is a party or otherwise related to Client, Client shall reimburse SS&C for all out of pocket costs and expenses, for including the time of its professional staff at SS&C’s standard rates and the cost of legal representation, that SS&C reasonably incurs in connection therewith, except for costs and expenses resulting solely from the gross negligence, willful misconduct or fraud of SS&C Associates in the performance of SS&C’s duties or obligations under this Agreement.

Appears in 1 contract

Samples: Services Agreement (Eagle Point Income Co Inc.)

Testimony. If SS&C is required by a third party subpoena or otherwise, to produce documents, testify or provide other evidence regarding the Services, this Agreement or the operations of Fund Client in any Action to which Client is a party or otherwise related to Client, Client shall reimburse SS&C for all out of pocket costs and expenses, for including the time of its professional staff at SS&C’s standard rates and the cost of legal representation, that SS&C reasonably incurs in connection therewith, except for costs and expenses resulting solely from the gross negligence, willful misconduct or fraud of SS&C Associates in the performance of SS&C’s duties or obligations under this Agreement.

Appears in 1 contract

Samples: Services Agreement (Blackstone Private Multi-Asset Credit & Income Fund)

Testimony. If SS&C is required by a third party subpoena or otherwise, to produce documents, testify or provide other evidence regarding the Services, this Agreement or the operations of Fund Client in any Action to which Client or Management is a party or otherwise related to Client (other than an Action between SS&C and Client), Client shall reimburse SS&C for all out of pocket costs and expenses, for including the time of its professional staff at SS&C’s standard rates and the cost of legal representation, that SS&C reasonably incurs in connection therewith, except for costs and expenses to the extent resulting solely from the gross negligence, willful misconduct or fraud of SS&C Associates in the performance of SS&C’s duties or obligations under this Agreement.

Appears in 1 contract

Samples: Services Agreement (Crescent Private Credit Income Corp)

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