Use of Third-Party Service Providers. Sub-Adviser may, consistent with applicable law and subject to the provisions of this Agreement, contract with and retain an affiliated or unaffiliated third party to perform any non-investment advisory services as it determines reasonably necessary to assist it in carrying out its obligations under this Agreement. Sub-Adviser may not delegate or outsource the principal investment management services as set forth in Section 2 of this Agreement, (which shall in all cases remain an obligation to be discharged solely and directly by the Sub-Adviser), and no third-party services arrangement shall involve a third party serving as an “investment adviser” to the Funds within the meaning of the 1940 Act. Sub-Adviser shall provide thirty (30) days’ prior written notice to Adviser of the commencement of any non-investment advisory services arrangement with a third party. Sub-Adviser will act in good faith with commercially reasonable due diligence in the selection and use of any third-party service provider and will conduct reasonable oversight and supervision of third-party services. Sub-Adviser represents and warrants that any such third-party service provider: (i) shall be subject to and responsible for complying with the confidentiality and non-disclosure obligations applicable to Sub-Adviser under the terms of this Agreement; (ii) shall implement and maintain appropriate procedures and systems to protect the security and confidentiality of any information obtained in rendering services to the Sub-Adviser; (iii) shall use Fund holdings data only for purposes as may be required to render the services which they are retained to provide; and (iv) shall agree not to trade on non-public Fund information that may be supplied or obtained in rendering the services provided to Sub-Adviser. In connection with the use of any third party, Sub-Adviser acknowledges and agrees:
(1) Sub-Adviser retains full and sole responsibility for the proper discharge and performance of all services required by this Agreement, and Sub-Adviser shall not be relieved of any of its duties, obligations and liabilities hereunder by Sub-Adviser’s retention or use of a third-party service provider, including, without limitation, Sub-Adviser’s obligations with respect to maintaining books and records as set forth in this Agreement;
(2) Sub-Adviser shall be responsible for assuring compliance with the confidentiality and non-disclosure provisions of this Agreement by the third-party service provider;...
Use of Third-Party Service Providers. The Company on behalf of each Fund hereby acknowledges and agrees that BTC may utilize third-party service providers to perform or analyze the functions described herein, including service providers in which BTC may have an ownership interest. As permitted by Section 5.8 below, these services may require the transmission, use or sharing of data created in Securities lending transactions involving the Funds. BTC shall bear the cost of any such service providers out of its portion of the proceeds from Securities lending.
Use of Third-Party Service Providers. We may use third party service providers to assist in providing certain Services with or without notice to you (each, a “Third Party Service Provider”). We may also change Third Party Service Providers or may provide a Service without the assistance of such third party. You consent and authorize us to delegate the authorizations you provide to us to our Third Party Service Provider(s) as we deem necessary or desirable to provide the applicable Service to you. You agree that the terms and conditions of the OSA, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such Third Party Service Providers and such Third Party Service Providers are deemed to be third party beneficiaries of the OSA, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. You also agree that all references to us within the OSA and any incorporated terms are also deemed to include, where applicable, our agents, such as the Third Party Service Providers. To protect the privacy and security of your personal information, Third Party Service Providers will only be authorized to use or maintain your personal information solely in accordance with our privacy policy.
Use of Third-Party Service Providers. The Trust on behalf of each Fund hereby acknowledges and agrees that BGI may utilize third-party service providers to perform or analyze the functions described herein, including service providers in which BGI may have an ownership interest. As permitted by Section 5.8 below, these services may require the transmission, use or sharing of data created in Securities lending transactions involving the Funds. BGI shall bear the cost of any such service providers out of its portion of the proceeds from Securities lending.
Use of Third-Party Service Providers. Our ability to provide certain Services and Mobile Banking Services depends on our ability to provide access to third-party networks. You authorize Us to utilize third-party service providers selected by Us to provide Services to You on Our behalf. For details regarding Our safeguarding of Your personal information, please refer to the Online Privacy Policy. In the event that We determine, in Our sole discretion, that We are unable to provide third-party network access, We may discontinue the related Service(s) or may provide the Service(s) through alternate third-party networks. You understand that We shall have no liability for the unavailability of access during any transition period, and shall give You written notice of any Service involving transfers to or from Your deposit account(s) being discontinued at least 21 days in advance of such termination, unless such prior notice is otherwise excused by law.
Use of Third-Party Service Providers. We and Funders may use third-party service providers to assist in providing certain Services with or without notice to you (each, a "Third-Party Service Provider"). We or Funders may also change Third- Party Service Providers or may provide a Service without the assistance of such third party. You consent and authorize us to delegate the authorizations you provide to us to our Third- Party Service Provider(s) as we deem necessary or desirable to provide the applicable Service to you. You agree that the terms and conditions of this Terms and Conditions, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Terms and Conditions, inure to the benefit of such Third-Party Service Providers and such Third- Party Service Providers are deemed to be third-party beneficiaries of this Terms and Conditions, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Terms and Conditions. You also agree that all references to us within this Terms and Conditions and any incorporated terms are also deemed to include, where applicable, our agents, such as the Third-Party Service Providers. You acknowledge and authorize that such Third-Party Service Providers may obtain information about you, your company and your business, from other third parties, including consumer reports and credit scores from consumer reporting agencies. You consent to receive communications from such Third-Party Service Providers regarding the Services, any applied for loan and credit, including notices of "adverse action" under applicable law or similar communications disclosing information regarding you, your company and your business. To protect the privacy and security of your personal information, we require that Third-Party Service Providers who are authorized to access your personal information take privacy and confidentiality measures to protect it.
Use of Third-Party Service Providers. We have contracted with one or more third party service providers to provide the Services to our members. If you should use any of such Services, the following provisions shall apply: (a) in addition to, but not in lieu of, the other limitations of liability set forth in this agreement, we shall have no liability resulting from your use of any Services that are provided by such third party service providers; and (b) we, in our sole discretion, reserve the right to change third party service providers.
Use of Third-Party Service Providers. I understand that You may use third party service providers to assist in providing certain Services with or without notice to Me (each, a "Third Party Service Provider"). You may change Third Party Service Providers or provide a Service without the assistance of such third party. I consent and authorize You to delegate the authorizations I provide to You to Your Third Party Service Provider(s) as You deem necessary or desirable to provide the applicable Service to Me. I agree that the terms and conditions of this Agreement inure to the benefit of such Third Party Service Providers and such Third Party Service Providers are deemed to be third party beneficiaries of this Agreement, including any terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement.
Use of Third-Party Service Providers. Subject to the terms of this Agreement, and to the extent consistent with the State Contract, Program Manager and the Fund Company may utilize the services of any third party in fulfilling its obligations under this Agreement; provided, however, that in such event, the party utilizing the services of a third party shall enter into a contractual arrangement with such third party that prohibits the third party from disclosing or using any information obtained by it for any purpose other than to carry out the purposes of this Agreement; and provided further that the party retaining any such third party shall remain responsible for such obligations and be fully responsible for any acts or omissions of such third party.
Use of Third-Party Service Providers. We may use third party service providers or suppliers to assist in providing certain Services with or without notice to you ("Supplier(s)"). You consent and authorize us to delegate the authorizations you provide to us to its Supplier(s) as we deem necessary or desirable to provide the applicable Service to you. You agree that the terms and conditions of this Agreement transfer through to the benefit of such Supplier(s) and such Supplier(s) are deemed to be third party beneficiaries of this Agreement. You also agree that all references to ACI Payments or "we" "us" or "our" are also deemed to include, where applicable, ACI Payments agents, such as its Supplier(s). To protect the privacy and security of your personal information, Supplier(s) will only be authorized to use or maintain your personal information only in accordance applicable laws and regulations.
