Common use of Year 2000 Preparedness Clause in Contracts

Year 2000 Preparedness. The Transfer Agent warrants and represents that the Transfer Agent has adopted a written plan for Year 2000 compliance for the correct operation of the Transfer Agent's computer systems because of the approaching millennium (the "Plan"), that the Plan provides for the identification, testing and, where appropriate, upgrading of the Transfer Agent's computer systems, in accordance with reasonable industry standards, so that both the Transfer Agent's computer systems and their interfaces with third party computer systems will function accurately and without interruption before, during and after December 31, 1999 and that the Transfer Agent is actively in the process of implementing the Plan and presently has no reason to believe that the Transfer Agent's computer systems and their interfaces with third party computer systems will not be able to function accurately and without interruption before, during and after such date. The Transfer Agent will continue to implement the Plan and take such other steps as may be necessary and appropriate to be Year 2000 compliant in a timely and efficient manner and will notify the Trust of any Year 2000 compliance problems and the nature thereof on or before September 1, 1999 if the Transfer Agent determines that it is not or is not likely to be Year 2000 compliant in a timely and efficient manner. The failure of the Transfer Agent to be Year 2000 compliant shall not be deemed to be a force majeure event or provide a defense to performance hereunder.

Appears in 1 contract

Samples: Woodlawn Funds Trust

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Year 2000 Preparedness. The Transfer Agent Adviser warrants and represents that the Transfer Agent Adviser has adopted a written plan for Year 2000 compliance for the correct operation of the Transfer AgentAdviser's computer systems because of the approaching millennium (the "Plan"), that the Plan provides for the identification, testing and, where appropriate, upgrading of the Transfer AgentAdviser's computer systems, in accordance with reasonable industry standards, so that both the Transfer AgentAdviser's computer systems and their interfaces with third party computer systems will function accurately and without interruption before, during and after December 31, 1999 and that the Transfer Agent Adviser is actively in the process of implementing the Plan and presently has no reason to believe that the Transfer AgentAdviser's computer systems and their interfaces with third party computer systems will not be able to function accurately and without interruption before, during and after such date. The Transfer Agent Adviser will continue to implement the Plan and take such other steps as may be necessary and appropriate to be Year 2000 compliant in a timely and efficient manner and will notify the Manager and the Trust of any Year 2000 compliance problems and the nature thereof on or before September 1, 1999 if the Transfer Agent Adviser determines that it is not or is not likely to be Year 2000 compliant in a timely and efficient manner. The failure of the Transfer Agent Adviser to be Year 2000 compliant shall not be deemed to be a force majeure event or provide a defense to performance hereunder.

Appears in 1 contract

Samples: Form of Investment Advisory Agreement (Eq Advisors Trust)

Year 2000 Preparedness. The Transfer Agent Adviser warrants and represents that the Transfer Agent Adviser has adopted a written plan for Year 2000 compliance for the correct operation of the Transfer AgentAdviser's computer systems because of the approaching millennium (the "Plan"), that the Plan provides for the identification, testing and, where appropriate, upgrading of the Transfer AgentAdviser's computer systems, in accordance with reasonable industry standards, so that both the Transfer AgentAdviser's computer systems and their interfaces with third party computer systems will function accurately and without interruption before, during and after December 31, 1999 and that the Transfer Agent Adviser is actively in the process of implementing the Plan and presently has no reason to believe that the Transfer AgentAdviser's computer systems and their interfaces with third party computer systems will not be able to function accurately and without interruption before, during and after such date. The Transfer Agent Adviser will continue to implement the Plan and take such other steps as may be necessary and appropriate to be Year 2000 compliant in a timely and efficient manner and will notify the Manager and the Trust of any Year 2000 compliance problems and the nature thereof on or before September 1, 1999 if the Transfer Agent Adviser determines that it is not or is not likely to be Year 2000 compliant in a timely and efficient manner. The failure of the Transfer Agent Adviser to be Year 2000 compliant shall not be deemed to be a force majeure event or provide a defense to performance hereunder.

Appears in 1 contract

Samples: Investment Advisory Agreement (Eq Advisors Trust)

Year 2000 Preparedness. The Transfer Agent Adviser warrants and represents that the Transfer Agent Adviser has adopted a written plan for Year 2000 compliance for the correct operation of the Transfer AgentAdviser's computer systems because of the approaching millennium (the "Plan"), that the Plan provides for the identification, testing and, where appropriate, upgrading of the Transfer AgentAdviser's computer systems, in accordance with reasonable industry standards, so that both the Transfer AgentAdviser's computer systems and their interfaces with third party computer systems will function accurately and without interruption before, during and after December 31, 1999 and that the Transfer Agent Adviser is actively in the process of implementing the Plan and presently has no reason to believe that the Transfer AgentAdviser's computer systems and their interfaces with third party computer systems will not be able to function accurately and without interruption before, during and after such date. The Transfer Agent Adviser will continue to implement the Plan and take such other steps in a commercially reasonable manner as may be necessary and appropriate to be Year 2000 compliant in a timely and efficient manner and will notify the Manager and the Trust of any Year 2000 compliance problems and the nature thereof on or before September 1, 1999 if the Transfer Agent Adviser determines that it is not or is not likely to be Year 2000 compliant in a timely and efficient manner. The failure of the Transfer Agent Adviser to be Year 2000 compliant shall not be deemed to be a force majeure event or provide a defense to performance hereunder.

Appears in 1 contract

Samples: Investment Advisory Agreement (Eq Advisors Trust)

Year 2000 Preparedness. The Transfer Agent Adviser warrants and represents that the Transfer Agent Adviser has adopted a written plan for Year 2000 compliance for the correct operation of the Transfer AgentAdviser's computer systems because of the approaching millennium (the "Plan"), that the Plan provides for the identification, testing and, where appropriate, upgrading of the Transfer AgentAdviser's computer systems, in accordance with reasonable industry standards, so that both the Transfer AgentAdviser's computer systems and their interfaces with third party computer systems will function accurately and without interruption before, during and after December 31, 1999 and that the Transfer Agent Adviser is actively in the process of implementing the Plan and presently has no reason to believe that the Transfer AgentAdviser's computer systems and their interfaces with third party computer systems will not be able to function accurately and without interruption before, during and after such date. The Transfer Agent Adviser will continue to implement the Plan and take such other steps as may be necessary and appropriate to be Year 2000 compliant in a timely and efficient manner and will notify the Trust of any Year 2000 compliance problems and the nature thereof on or before September 1, 1999 immediately if the Transfer Agent Adviser determines that it is not or is not likely to be Year 2000 compliant in a timely and efficient manner. The failure of the Transfer Agent Adviser to be Year 2000 compliant shall not be deemed to be a force majeure event or provide a defense to performance hereunder.

Appears in 1 contract

Samples: Investment Advisory Agreement (X Com Funds)

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Year 2000 Preparedness. The Transfer Agent Adviser warrants and represents that the Transfer Agent Adviser has adopted a written plan for Year 2000 compliance for the correct operation of the Transfer AgentAdviser's computer systems because of the approaching millennium (the "Plan"), that the Plan provides for the identification, testing and, where appropriate, upgrading of the Transfer AgentAdviser's computer systems, in accordance with reasonable industry standards, so that both the Transfer AgentAdviser's computer systems and their interfaces with third party computer systems will function accurately and without interruption before, during and after December 31, 1999 and that the Transfer Agent Adviser is actively in the process of implementing the Plan and presently has no reason to believe that the Transfer AgentAdviser's computer systems and their interfaces with third party computer systems will not be able to function accurately and without interruption before, during and after such date. The Transfer Agent Adviser will continue to implement the Plan and take such other steps as may be necessary and appropriate to be Year 2000 compliant in a timely and efficient manner and will notify the Trust of any Year 2000 compliance problems and the nature thereof on or before September October 1, 1999 if the Transfer Agent Adviser determines that it is not or is not likely to be Year 2000 compliant in a timely and efficient manner. The failure of the Transfer Agent Adviser to be Year 2000 compliant shall not be deemed to be a force majeure event or provide a defense to performance hereunder.

Appears in 1 contract

Samples: Investment Advisory Agreement (X Com Funds)

Year 2000 Preparedness. The Transfer Agent Advisor warrants and represents that the Transfer Agent Advisor has adopted a written plan for Year 2000 compliance for the correct operation of the Transfer AgentAdviser's computer systems because of the approaching millennium (the "Plan"), that the Plan provides for the identification, testing and, where appropriate, upgrading of the Transfer AgentAdvisor's computer systems, in accordance with reasonable industry standards, so that both the Transfer AgentAdvisor's computer systems and their interfaces with third party computer systems will function accurately and without interruption before, during and after December 31, 1999 and that the Transfer Agent Advisor is actively in the process of implementing the Plan and presently has no reason to believe that the Transfer AgentAdvisor's computer systems and their interfaces with third party computer systems will not be able to function accurately and without interruption before, during and after such date. The Transfer Agent Advisor will continue to implement the Plan and take such other steps as may be necessary and appropriate to be Year 2000 compliant in a timely and efficient manner and will notify the Trust promptly of any Year 2000 compliance problems and the nature thereof on or before September 1, 1999 if the Transfer Agent Advisor determines that it is not or is not likely to be Year 2000 compliant in a timely and efficient manner. The failure of the Transfer Agent Advisor to be Year 2000 compliant shall not be deemed to be a force majeure event or provide a defense to performance hereunder.

Appears in 1 contract

Samples: Nottingham Investment Trust Ii

Year 2000 Preparedness. The Transfer Agent Adviser warrants and represents that the Transfer Agent Adviser has adopted a written plan for Year 2000 compliance for the correct operation of the Transfer AgentAdviser's computer systems because of the approaching millennium (the "Plan"), that the Plan provides for the identification, testing and, where appropriate, upgrading of the Transfer AgentAdviser's computer systems, in accordance with reasonable industry standards, so that both the Transfer AgentAdviser's computer systems and their interfaces with third party computer systems will function accurately and without interruption before, during and after December 31, 1999 and that the Transfer Agent Adviser is actively in the process of implementing the Plan and presently has no reason to believe that the Transfer AgentAdviser's computer systems and their interfaces with third party computer systems will not be able to function accurately and without interruption before, during and after such date. The Transfer Agent Adviser will continue to implement the Plan and take such other steps as may be necessary and appropriate to be Year 2000 compliant in a timely and efficient manner and will notify the Trust of any Year 2000 compliance problems and the nature thereof on or before September 1, 1999 if the Transfer Agent Adviser determines that it is not or is not likely to be Year 2000 compliant in a timely and efficient manner. The failure of the Transfer Agent Adviser to be Year 2000 compliant shall not be deemed to be a force majeure event or provide a defense to performance hereunder.

Appears in 1 contract

Samples: Woodlawn Funds Trust

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