Examples of SS&C ALPS Associates in a sentence
This Agreement sets out the entire liability of SS&C ALPS Associates related to the Services and the subject matter of this Agreement, and no SS&C ALPS Associate shall have any liability to any Fund Associates for, and Fund hereby waives to the fullest extent permitted by applicable law recourse under, tort, misrepresentation or any other legal theory with respect to the Services and the subject matter of this Agreement.
This Agreement is entered into for the sole and exclusive benefit of the Parties and will not be interpreted in such a manner as to give rise to or create any rights or benefits of or for any other Person except as set forth with respect to SS&C ALPS Associates, Fund Associates and Data Suppliers.
The maximum amount of cumulative liability of SS&C ALPS Associates to Fund for Losses arising out of the subject matter of, or in any way related to, this Agreement, except to the extent of Losses resulting from the willful misconduct or fraud of SS&C ALPS’ duties or obligations under this Agreement, shall not exceed the fees paid by Fund to SS&C ALPS under this Agreement for the most recent 12 months immediately preceding the date of the event giving rise to the Claim.
Fund shall indemnify, defend and hold harmless SS&C ALPS Associates from and against Losses (including legal fees and costs to enforce this provision) that SS&C ALPS Associates suffer, incur, or pay as a result of any Third Party Claim or Claim among the Parties, except to the extent that such Losses resulted from the gross negligence, willful misconduct, bad faith or fraud of SS&C ALPS Associates in the performance of SS&C ALPS’ duties or obligations under this Agreement.
This Agreement is entered into for the sole and exclusive benefit of the Parties and will not be interpreted in such a manner as to give rise to or create any rights or benefits of or for any other Person except as set forth with respect to SS&C ALPS Associates and Data Suppliers.
Fund shall indemnify, defend and hold harmless SS&C ALPS Associates from and against Losses (including legal fees and costs to enforce this provision) that SS&C ALPS Associates suffer, incur, or pay as a result of any Third Party Claim or Claim among the Parties, except to the extent that such Losses resulted from the gross negligence, willful misconduct, bad faith or fraud of SS&C ALPS Associates in the performance of SS&C ALPS’s duties or obligations under this Agreement.
Any expenses (including legal fees and costs) incurred by the Fund or SS&C ALPS Associates, as the case may be, in defending or responding to any Claims (or in enforcing this provision) shall be paid by SS&C ALPS or the Fund on a quarterly basis prior to the final disposition of such matter upon receipt by the Fund of an undertaking by SS&C ALPS to repay such amount if it shall be determined that an SS&C ALPS Associate is not entitled to be indemnified.
During the term of this Agreement and for a period of 12 months thereafter, the Fund will not directly or indirectly solicit the services of, or otherwise attempt to employ or engage any employee of SS&C ALPS or its Affiliates without the consent of SS&C ALPS; provided, however, that the foregoing shall not prevent the Fund from soliciting employees through general advertising not targeted specifically at any or all SS&C ALPS Associates.
This Agreement sets out the entire liability of SS&C ALPS Associates related to the Services and the subject matter of this Agreement, and no SS&C ALPS Associate shall have any liability to the Fund or any other Person for, and the Fund hereby waives to the fullest extent permitted by applicable law recourse under, tort, misrepresentation or any other legal theory.
During the term of this Agreement and for a period of 12 months thereafter, a Fund will not directly or indirectly solicit the services of, or otherwise attempt to employ or engage any employee of SS&C ALPS or its Affiliates without the consent of SS&C ALPS; provided, however, that the foregoing shall not prevent the Fund from soliciting employees through general advertising not targeted specifically at any or all SS&C ALPS Associates.