Third Party Data. (a) Customer acknowledges that BNY Mellon will be receiving, utilizing and relying on Market Data and other data provided by Customer and/or by third parties in connection with BNY Mellon's performance of the services hereunder (collectively, “Third Party Data”). , BNY Mellon is entitled to rely without inquiry on all Third Party Data provided to BNY Mellon hereunder (and all Instructions related to Third Party Data), and BNY Mellon makes no assurances or warranties in relation to the accuracy or completeness of Third Party Data and will not be responsible or liable for any losses or damages incurred as a result of any Third Party Data that is inaccurate or incomplete except to the extent, if any, resulting from BNY Mellon’s failure to adhere to the Standard of Care in reporting such Third Party Data. BNY Mellon may follow Instructions with respect to Third Party Data, even if such Instructions direct BNY Mellon to override its usual procedures and data sources or if BNY Mellon, in performing services for itself or others (including services similar to those performed for Customer), receives different Third Party Data for the same or similar Securities. (b) To the extent that BNY Mellon provides values of, and pricing information in relation to, Securities, Customer acknowledges and agrees that: (i) BNY Mellon is authorized to use generally recognized pricing services including Market Data Providers, brokers, dealers and other market makers. In the event that such pricing services are unable to provide a value of or pricing information in respect of Securities and BNY Mellon provides values and pricing information, BNY Mellon will so advise Customer, but will have no other responsibility or liability in respect of such valuation or pricing information; (ii) Certain pricing or valuation information may be based on calculated amounts rather than actual market transactions and may not reflect actual market values, and the variance between such calculated amounts and actual market values may be material; (iii) Certain third party service providers may not permit Customer’s directed price to be used, which may result in differences between third party service provider reports and custodial reports; (iv) Performance measurement and analytic services may use different data sources than those used by BNY Mellon to provide Market Data for an Account, which may result in differences between custodial reports and performance measurement and analytic reports; and (v) BNY Mellon may require Customer to execute supplemental documentation prior to providing pricing for certain Securities. (c) Certain Market Data may be the intellectual property of Market Data Providers, which impose additional terms and conditions upon Customer’s use of such Market Data. Such additional terms and conditions can be found on the Data Terms Website. Customer agrees to those terms and conditions as they are posted on the Data Terms Website from time to time.
Appears in 4 contracts
Samples: Custody Agreement, Custody Agreement, Custody Agreement
Third Party Data. (a) Customer acknowledges that BNY Mellon will be receiving, utilizing and relying on Market Data and other data provided by Customer and/or by third parties in connection with BNY Mellon's its performance of the services hereunder (collectively, “Third Party Data”). , BNY Mellon is entitled to rely without inquiry on all Third Party Data provided to BNY Mellon hereunder (and all Instructions related to Third Party Data), and BNY Mellon makes no assurances or warranties in relation to the accuracy or completeness of Third Party Data and will not be responsible or liable for any losses or damages incurred as a result of any Third Party Data that is inaccurate or incomplete incomplete, except to the extent, if any, resulting from BNY Mellon’s failure to adhere to the Standard of Care in reporting extent such Third Party DataData is inaccurate or incomplete due to the fraud a third party acting as agent of BNY Mellon with respect to an obligation under this Agreement. BNY Mellon may follow Instructions with respect to Third Party Data, even if such Instructions direct BNY Mellon to override its usual procedures and data sources or if BNY Mellon, in performing services for itself or others (including services similar to those performed for Customer), receives different Third Party Data for the same or similar Securities or Possessed Securities.
(b) To the extent that Although statements and reports provided by BNY Mellon provides hereunder with respect to the Accounts may contain values of, and pricing information in relation to, Securities, Customer acknowledges and agrees that:
(i) BNY Mellon is authorized Securities or Possessed Securities held pursuant to use generally recognized pricing services including Market Data Providers, brokers, dealers and other market makers. In the event that such pricing services are unable to provide a value of or pricing information in respect of Securities and BNY Mellon provides values and pricing informationthis Agreement, BNY Mellon will so advise Customer, but will have no other does not undertake any duty or responsibility or liability in respect of under this Agreement to report such valuation values or pricing information;
(ii) Certain pricing or valuation information may be based on calculated amounts rather than actual market transactions and may not reflect actual market values, and the variance between such calculated amounts and actual market values may be material;
(iii) Certain third party service providers may not permit Customer’s directed price to be used, which may result in differences between third party service provider reports and custodial reports;
(iv) Performance measurement and analytic services may use different data sources than those used by BNY Mellon to provide Market Data for an Account, which may result in differences between custodial reports and performance measurement and analytic reports; and
(v) BNY Mellon may require Customer to execute supplemental documentation prior to providing pricing for certain Securities.
(c) Certain Market Data may be the intellectual property of Market Data Providers, which impose additional terms and conditions upon Customer’s use of such Market Data. Such additional terms and conditions can be found on the Data Terms Website. Customer agrees to those terms and conditions as they are posted on the Data Terms Website from time to time.
Appears in 2 contracts
Samples: Custody Agreement (KKR Private Equity Conglomerate LLC), Custody Agreement (KKR Infrastructure Conglomerate LLC)
Third Party Data. (a) Customer acknowledges that BNY Mellon will be receiving, utilizing and relying on Market Data and other data provided by Customer and/or by third parties in connection with BNY Mellon's its performance of the services hereunder (collectively, “Third Party Data”). , BNY Mellon is entitled to rely without inquiry on all Third Party Data provided to BNY Mellon hereunder (and all Instructions related to Third Party Data), and BNY Mellon makes no assurances or warranties in relation to the accuracy or completeness of Third Party Data and will not be responsible or liable for any losses or damages incurred as a result of any Third Party Data that is inaccurate or incomplete incomplete, except to the extent, if any, resulting from BNY Mellon’s failure to adhere to the Standard of Care in reporting extent such Third Party DataData is inaccurate or incomplete due to the fraud a third party acting as agent of BNY Mellon with respect to an obligation under this Agreement. BNY Mellon may follow Instructions with respect to Third Party Data, even if such Instructions direct BNY Mellon to override its usual procedures and data sources or if BNY Mellon, in performing services for itself or others (including services similar to those performed for Customer), receives different Third Party Data for the same or similar Securities, Investment Files or Possessed Securities.
(b) To the extent that Although statements and reports provided by BNY Mellon provides hereunder with respect to the Accounts may contain values of, and pricing information in relation to, Securities, Customer acknowledges and agrees that:
(i) BNY Mellon is authorized Investment Files or Possessed Securities held pursuant to use generally recognized pricing services including Market Data Providers, brokers, dealers and other market makers. In the event that such pricing services are unable to provide a value of or pricing information in respect of Securities and BNY Mellon provides values and pricing informationthis Agreement, BNY Mellon will so advise Customer, but will have no other does not undertake any duty or responsibility or liability in respect of under this Agreement to report such valuation values or pricing information;
(ii) Certain pricing or valuation information may be based on calculated amounts rather than actual market transactions and may not reflect actual market values, and the variance between such calculated amounts and actual market values may be material;
(iii) Certain third party service providers may not permit Customer’s directed price to be used, which may result in differences between third party service provider reports and custodial reports;
(iv) Performance measurement and analytic services may use different data sources than those used by BNY Mellon to provide Market Data for an Account, which may result in differences between custodial reports and performance measurement and analytic reports; and
(v) BNY Mellon may require Customer to execute supplemental documentation prior to providing pricing for certain Securities.
(c) Certain Market Data may be the intellectual property of Market Data Providers, which impose additional terms and conditions upon Customer’s use of such Market Data. Such additional terms and conditions can be found on the Data Terms Website. Customer agrees to those terms and conditions as they are posted on the Data Terms Website from time to time.
Appears in 2 contracts
Samples: Custody Agreement (KKR Enhanced US Direct Lending Fund-L), Custody Agreement (KKR Asset-Based Income Fund)
Third Party Data. (a) Customer acknowledges that BNY Mellon will be receiving, utilizing and relying on Market Data and other data provided by Customer and/or by third parties in connection with BNY Mellon's its performance of the services hereunder (collectively, “Third Party Data”). , BNY Mellon BXX Xxxxxx is entitled to rely without inquiry on all Third Party Data provided to BNY Mellon hereunder (and all Instructions related to Third Party Data), and BNY Mellon makes no assurances or warranties in relation to the accuracy or completeness of Third Party Data and will not be responsible or liable for any losses or damages incurred as a result of any Third Party Data that is inaccurate or incomplete except to the extent, if any, resulting from BNY Mellon’s failure to adhere to the Standard of Care in reporting extent such Third Party DataData is inaccurate or incomplete due to the fraud a third party acting as agent of BNY Mellon with respect to an obligation under this Agreement. BNY Mellon may follow Instructions with respect to Third Party Data, even if such Instructions direct BNY Mellon to override its usual procedures and data sources or if BNY Mellon, in performing services for itself or others (including services similar to those performed for Customer), receives different Third Party Data for the same or similar Securities, Investment Files or Possessed Securities.
(b) To the extent that Although statements and reports provided by BNY Mellon provides hereunder with respect to the Accounts may contain values of, and pricing information in relation to, Securities, Customer acknowledges and agrees that:
(i) BNY Mellon is authorized Investment Files or Possessed Securities held pursuant to use generally recognized pricing services including Market Data Providers, brokers, dealers and other market makers. In the event that such pricing services are unable to provide a value of or pricing information in respect of Securities and BNY Mellon provides values and pricing informationthis Agreement, BNY Mellon will so advise Customer, but will have no other does not undertake any duty or responsibility or liability in respect of under this Agreement to report such valuation values or pricing information;
(ii) Certain pricing or valuation information may be based on calculated amounts rather than actual market transactions and may not reflect actual market values, and the variance between such calculated amounts and actual market values may be material;
(iii) Certain third party service providers may not permit Customer’s directed price to be used, which may result in differences between third party service provider reports and custodial reports;
(iv) Performance measurement and analytic services may use different data sources than those used by BNY Mellon to provide Market Data for an Account, which may result in differences between custodial reports and performance measurement and analytic reports; and
(v) BNY Mellon may require Customer to execute supplemental documentation prior to providing pricing for certain Securities.
(c) Certain Market Data may be the intellectual property of Market Data Providers, which impose additional terms and conditions upon Customer’s use of such Market Data. Such additional terms and conditions can be found on the Data Terms Website. Customer agrees to those terms and conditions as they are posted on the Data Terms Website from time to time.
Appears in 1 contract
Samples: Custody Agreement (CION Grosvenor Infrastructure Fund)
Third Party Data. (a) Customer acknowledges that BNY Mellon will be receiving, utilizing and relying on Market Data and other data provided by Customer and/or by third parties in connection with BNY Mellon's its performance of the services hereunder (collectively, “Third Party Data”). , BNY Mellon is entitled to rely without inquiry on all Third Party Data provided to BNY Mellon hereunder (and all Instructions related to Third Party Data), and BNY Mellon makes no assurances or warranties in relation to the accuracy or completeness of Third Party Data and will not be responsible or liable for any losses or damages incurred as a result of any Third Party Data that is inaccurate or incomplete incomplete, except to the extent, if any, resulting from BNY Mellon’s failure to adhere to the Standard of Care in reporting extent such Third Party DataData is inaccurate or incomplete due to the fraud a third party acting as agent of BNY Mellon with respect to an obligation under this Agreement. BNY Mellon may follow Instructions with respect to Third Party Data, even if such Instructions direct BNY Mellon to override its usual procedures and data sources or if BNY Mellon, in performing services for itself or others (including services similar to those performed for Customer), receives different Third Party Data for the same or similar Securities, Investment Files or Possessed Securities.
(b) To the extent that Although statements and reports provided by BNY Mellon provides hereunder with respect to the Accounts may contain values of, and pricing information in relation to, Securities, Customer acknowledges and agrees that:
(i) BNY Mellon is authorized Investment Files or Possessed Securities held pursuant to use generally recognized pricing services including Market Data Providers, brokers, dealers and other market makers. In the event that such pricing services are unable to provide a value of or pricing information in respect of Securities and BNY Mellon provides values and pricing informationthis Agreement, BNY Mellon will so advise Customer, but will have no other does not undertake any duty or responsibility or liability in respect of under this Agreement to report such valuation values or pricing information;
(ii) Certain pricing or valuation information may be based on calculated amounts rather than actual market transactions and may not reflect actual market values, and the variance between such calculated amounts and actual market values may be material;
(iii) Certain third party service providers may not permit Customer’s directed price to be used, which may result in differences between third party service provider reports and custodial reports;
(iv) Performance measurement and analytic services may use different data sources than those used by BNY Mellon to provide Market Data for an Account, which may result in differences between custodial reports and performance measurement and analytic reports; and
(v) BNY Mellon may require Customer to execute supplemental documentation prior to providing pricing for certain Securities.
(c) Certain Market Data may be the intellectual property of Market Data Providers, which impose additional terms and conditions upon Customer’s use of such Market Data. Such additional terms and conditions can be found on the Data Terms Website. Customer agrees to those terms and conditions as they are posted on the Data Terms Website from time to time.
Appears in 1 contract
Samples: Custody Agreement (KKR Real Estate Select Trust Inc.)