Common use of Force Majeure Clause in Contracts

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 332 contracts

Samples: Transfer Agency and Service Agreement (Alternative Investment Partners Absolute Return Fund), Transfer Agency and Service Agreement (Franklin Templeton ETF Trust), Transfer Agency and Service Agreement (Morgan Stanley Global Long/Short Fund P)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages party resulting from such failure to perform or otherwise from such causes.

Appears in 113 contracts

Samples: Transfer Agency Service Agreement (Choice Funds), Transfer Agency Service Agreement (Roge Partners Funds), Consulting Agreement (Miller Investment Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that nothing in this Section 16.3 shall be deemed to relieve Transfer Agent of its obligations under Section 11.3.

Appears in 97 contracts

Samples: Transfer Agency and Service Agreement (Money Market Obligations Trust), Transfer Agency and Service Agreement (Federated Income Securities Trust), Transfer Agency and Service Agreement (Federated Hermes Income Securities Trust)

Force Majeure. 13.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 91 contracts

Samples: Transfer Agency and Service Agreement (Virtus Equity Trust), Sub Transfer Agency Service Agreement (Phoenix Edge Series Fund), Agency and Service Agreement (China Fund Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 83 contracts

Samples: Master Transfer Agency and Service Agreement (American Beacon Sound Point Enhanced Income Fund), Transfer Agency and Service Agreement (Allstate Financial Investment Trust), Transfer Agency and Service Agreement (Calvert World Values Fund Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 50 contracts

Samples: Warrant Agency Agreement (Enerpulse Technologies, Inc.), Warrant Agency Agreement (Skyline Medical Inc.), Form of Warrant Agency Agreement (Advaxis, Inc.)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes causes to the extent that the party has (where relevant) complied with its own business continuity procedures.

Appears in 38 contracts

Samples: Transfer Agency and Service Agreement (Morgan Stanley Institutional Fund Trust), Transfer Agency and Service Agreement (Morgan Stanley Institutional Fund Trust), Transfer Agency and Service Agreement (PIMCO Equity Series)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 34 contracts

Samples: Depositary Agreement (Nuveen Dividend Advantage Municipal Income Fund), Subscription Agent Agreement (Progen Pharmaceuticals LTD), Subscription Agent Agreement (Avenue Income Credit Strategies Fund)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that this provision shall not imply that CFS is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 33 contracts

Samples: Fund Services Agreement (World Funds Trust), Fund Services Agreement (ETF Opportunities Trust), Fund Services Agreement (World Funds Trust)

Force Majeure. 14.1 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes , labor difficulties, mechanical breakdowns, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 30 contracts

Samples: Sub Transfer Agency and Services Agreement (Nations Funds Trust), Agency and Services Agreement (Nations Funds Trust), Sub Transfer Agency and Services Agreement (Nations Funds Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes causes provided that the Transfer Agent has implemented and maintains a business continuity plan that complies with applicable laws, rules and regulations.

Appears in 22 contracts

Samples: Transfer Agency and Service Agreement (Ashmore Funds), Transfer Agency and Service Agreement (Brandes Investment Trust), Transfer Agency and Service Agreement (Advisers Investment Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided that the parties shall take reasonable steps under the facts and circumstances then prevailing to mitigate damages arising out of such causes and events.

Appears in 21 contracts

Samples: Transfer Agency and Service Agreement (Credit Suisse Trust), Transfer Agency and Service Agreement (Credit Suisse Warburg Pincus Select Funds), Transfer Agency and Service Agreement (Credit Suisse Japan Growth Fund Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage that is reasonably beyond its control, or other causes cause that is reasonably beyond its control control (except, in the case of the Agent, for acts of subcontractors), such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 20 contracts

Samples: Subscription and Information Agent Agreement (Accelerate Diagnostics, Inc), Subscription and Information Agent Agreement (SenesTech, Inc.), Subscription and Information Agent Agreement (Famous Daves of America Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable liabile for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 19 contracts

Samples: Subscription Agent Agreement (Morgan Stanley China a Share Fund, Inc.), Subscription Agent Agreement (Morgan Stanley China a Share Fund, Inc.), Subscription Agent Agreement (H&q Life Sciences Investors)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that nothing in this Section 15.3 shall be deemed to relieve Transfer Agent of its obligations under Section 11.3.

Appears in 19 contracts

Samples: Transfer Agency and Service Agreement (Federated Gnma Trust), Agency and Service Agreement (Federated Income Securities Trust), Transfer Agency and Service Agreement (Federated Equity Funds)

Force Majeure. 14.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 18 contracts

Samples: Transfer Agency and Service Agreement (Gabelli Innovations Trust), Transfer Agency and Service Agreement (RS Variable Products Trust), Transfer Agency and Service Agreement (Occ Accumulation Trust)

Force Majeure. In the event either a party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 17 contracts

Samples: Electronic Trading Agreement (Separate Account I of Integrity Life Insurance Co), Electronic Trading Agreement (Mutual of America Separate Account No 3), Agreement (Massachusetts Mutual Variable Life Separate Account I)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 14 contracts

Samples: Form of Warrant Agreement (CNS Response, Inc.), Form of Warrant Agreement (Galectin Therapeutics Inc), Warrant Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 14 contracts

Samples: Subscription Agent Agreement (Invesco Global Health Sciences Fund), Subscription Agent Agreement (Zweig Fund Inc /Md/), Subscription Agent Agreement (Chart House Enterprises Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that this provision shall not imply that the Transfer Agent is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 13 contracts

Samples: Transfer Agency and Service Agreement (Gateway Trust), Transfer Agency and Service Agreement (Hansberger International Series), Agency and Service Agreement (Hansberger Institutional Series)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 12 contracts

Samples: Subscription Agency Agreement (Greater China Fund Inc), Reorganization Support Service Agreement (Swiss Helvetia Fund, Inc.), Subscription Agency Agreement (Rivus Bond Fund)

Force Majeure. In the event either any party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, control or other causes cause reasonably beyond its control, such party shall not be liable for damages to the any other for any damages party resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially its or their duties.

Appears in 12 contracts

Samples: Subscription Rights Agreement (PennantPark Floating Rate Capital Ltd.), Subscription Rights Agreement (Pennantpark Investment Corp), Subscription Agent Agreement (Eagle Point Income Co Inc.)

Force Majeure. In the event either a party is hereto unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the any other party for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 12 contracts

Samples: Amended and Restated Services Agreement (Exchange Traded Concepts Trust), Services Agreement (Ziegler Exchange Traded Trust), Distribution Agreement (SPDR Trust Series 1)

Force Majeure. In the event that either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages party resulting from such failure to perform or otherwise from such causes.

Appears in 10 contracts

Samples: Accounting and Administration Service Agreement (Hillman Capital Management Investment Trust), Service Agreement (Prophecy Alpha Fund I), Service Agreement (Volt ETF Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 7 contracts

Samples: Subscription Agent Agreement (Gabelli Global Deal Fund), Subscription Agent Agreement (Precision Optics Corporation Inc), Subscription Agent Agreement (Gabelli Global Deal Fund)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties; provided, that in no event shall this provision relieve the Company of its indemnification obligations hereunder.

Appears in 7 contracts

Samples: Vuzix Corporation Warrant Agency Agreement (Vuzix Corp), Vuzix Corporation Warrant Agency Agreement (Vuzix Corp), Warrant Agency Agreement (Soligenix, Inc.)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that this provision shall not imply that CFA is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 7 contracts

Samples: Accounting Services Agreement (World Funds Trust), Accounting Services Agreement (Z Seven Fund Inc), Accounting Services Agreement (Dblaine Investment Trust)

Force Majeure. In the event either that any party or the Escrow Agent is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party the Escrow Agent shall not be liable for damages to the other parties for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the Escrow Agent is able to perform substantially.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (NextWave Wireless LLC), Escrow Agreement (ICON Leasing Fund Twelve, LLC), Escrow Agreement (Emisphere Technologies Inc)

Force Majeure. 13.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of the acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 6 contracts

Samples: Agency and Service Agreement (Phoenix Investment Trust 97), Transfer Agency and Service Agreement (Janus Adviser), Agency and Service Agreement (Phoenix California Tax Exempt Bonds Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that this provision shall not imply that CSS is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 6 contracts

Samples: Administrative Services Agreement (Z Seven Fund Inc), Administrative Services Agreement (World Funds Trust), Administrative Services Agreement (World Funds Trust)

Force Majeure. 13.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 6 contracts

Samples: Agency and Service Agreement (New England Cash Management Trust), Agency and Service Agreement (Century Shares Trust), Registrar, Transfer Agency and Service Agreement (Delaware Group Global Dividend & Income Fund Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorism, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 6 contracts

Samples: Subscription Agent Agreement (Dividend & Income Fund, Inc.), Subscription Agent Agreement (Royce Value Trust Inc), Subscription Agent Agreement (Global Income Fund Inc)

Force Majeure. In the event either a party hereto is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the any other party for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 5 contracts

Samples: Distribution Agreement (Powershares QQQ Trust, Series 1), Distribution Agreement (Claymore Exchange-Traded Fund Trust), Distribution Agreement (Market Vectors Trust)

Force Majeure. In the event either party Party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party Party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 5 contracts

Samples: Transfer Agency and Service Agreement (Schwab Investments), Transfer Agency and Service Agreement (Charles Schwab Family of Funds), Transfer Agency and Service Agreement (Schwab Capital Trust)

Force Majeure. 16.1 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, or by circumstances beyond its reasonable control, including strikes , labor difficulties, mechanical breakdowns, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control damage, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 4 contracts

Samples: Services Agreement (Us Large Stock Fund), Services Agreement (WPG Tudor Fund), Services Agreement (WPG Growth & Income Fund)

Force Majeure. In the event either any party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the any other for any damages party resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 4 contracts

Samples: Subscription Agent Agreement (Oxford Lane Capital Corp.), Subscription Agent Agreement (Oxford Lane Capital Corp.), Subscription Agent Agreement (Oxford Lane Capital Corp.)

Force Majeure. In the event that either party is unable to perform its obligations under the terms of this Agreement (other than the obligation to pay amounts due and owing hereunder) because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 4 contracts

Samples: Services Agreement, Reseller Agreement, Reseller Agreement

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Unit Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Unit Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 4 contracts

Samples: Unit Agency Agreement (TrovaGene Inc.), Unit Agency Agreement (Synergy Pharmaceuticals, Inc.), Unit Agency Agreement (Chanticleer Holdings, Inc.)

Force Majeure. In the event either party is unable to perform its duties and obligations under the terms of this Agreement hereunder because of acts of God causes reasonably beyond its control, including but not limited to fires, riots, rebellion, war, strikes, equipment or utility or transmission failure or damage reasonably beyond its control control (provided that such party has taken such reasonable preventive measures as were appropriate for it to take), acts of God, or other causes reasonably beyond its control similar causes, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 4 contracts

Samples: Sub Transfer Agency and Service Agreement (Scudder Weisel Capital Entrepreneurs Fund), Sub Transfer Agency and Service Agreement (Scudder Weisel Capital Entrepreneurs Fund), Transfer Agency and Service Agreement (Scudder Weisel Capital Entrepreneurs Fund)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, and such party has acted without negligence, bad faith or willful misconduct, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 4 contracts

Samples: Transfer Agency (Financial Investors Trust), Pricing Services Agreement (Financial Investors Trust), Distribution Agreement (Financial Investors Trust)

Force Majeure. (a) In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 4 contracts

Samples: Transfer Agency and Service Agreement (Dimensional Emerging Markets Value Fund), Transfer Agency and Service Agreement (Dimensional Investment Group Inc), Transfer Agency and Service Agreement (Dfa Investment Dimensions Group Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . . Performance under this

Appears in 4 contracts

Samples: Agent Agreement (Evergreen Utilities & High Income Fund), Agent Agreement (Evergreen Utilities & High Income Fund), Information Agent Agreement (Evergreen Utilities & High Income Fund)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably reasonable beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 3 contracts

Samples: Transfer Agency and Service Agreement (Pillar Funds), Transfer Agency and Service Agreement (Pillar Funds), Agency and Service Agreement (Pillar Funds)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties; provided, that in no event shall this provision relieve the Company of its indemnification obligations hereunder.

Appears in 3 contracts

Samples: Commitment Fee Warrant Agreement (Exco Resources Inc), Fee Warrant Agreement (Exco Resources Inc), Lien Note Warrant Agreement (Exco Resources Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 3 contracts

Samples: Fund Services Agreement (Saratoga Advantage Trust), Accounting Service Agreement (Saratoga Advantage Trust), Administrative Service Agreement (DCM Series Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . CFA shall use commercially reasonable best efforts to limit such damages. Notwithstanding the foregoing, this provision shall not imply that CFA is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 3 contracts

Samples: Accounting Services Agreement (Diamond Portfolio Investment Trust), Accounting Services Agreement (DGHM Investment Trust), Accounting Services Agreement (DGHM Investment Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, natural disaster, strikes, equipment or transmission failure or damage that is reasonably beyond its control, or other causes cause that is reasonably beyond its control control (except, in the case of the Agent, for acts of subcontractors), such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 3 contracts

Samples: Subscription Agent Agreement (Mexico Equity & Income Fund Inc), Subscription Agent Agreement (High Income Securities Fund), Subscription and Information Agent Agreement (High Income Securities Fund)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise other wise from such causes.

Appears in 3 contracts

Samples: Transfer Agency and Service Agreement (Highland Floating Rate Opportunities Fund Ii), Transfer Agency and Service Agreement (Highland Global Allocation Fund), Transfer Agency and Service Agreement (Highland Global Allocation Fund Ii)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Notwithstanding the foregoing, in the event such force majeure continues for more than a ninety (90) day period, either party shall have the right to terminate this Agreement upon written notice to the other party.

Appears in 3 contracts

Samples: Transfer Agency and Service Agreement (Wells Fargo Funds Trust), Transfer Agency and Service Agreement (Wells Fargo Funds Trust), Transfer Agency and Service Agreement (Wells Fargo Variable Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . CSS shall use commercially reasonable best efforts to limit such damages. Notwithstanding the foregoing, this provision shall not imply that CSS is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 3 contracts

Samples: Administrative Services Agreement (DGHM Investment Trust), Administrative Services Agreement (Diamond Portfolio Investment Trust), Administration Services Agreement (DGHM Investment Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . The Transfer Agent shall use reasonable efforts to minimize any loss of data or delay by all reasonably practicable steps.

Appears in 3 contracts

Samples: Transfer Agency and Service Agreement (Metzler Payden Investment Group), Transfer Agency and Service Agreement (Metzler Payden Investment Group), Transfer Agency and Service Agreement (Paydenfunds)

Force Majeure. 13.01. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes , criminal acts by third parties, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 3 contracts

Samples: Agency and Service Agreement (Allianz Funds Multi-Strategy Trust), Agency and Service Agreement (Allianz Funds), Transfer Agency and Service Agreement (Virtus Investment Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages Losses resulting from such failure to perform or otherwise from such causes , provided that the parties shall take reasonable steps under the facts and circumstances then prevailing to mitigate damages arising out of such causes.

Appears in 3 contracts

Samples: Transfer Agency and Service Agreement (Swiss Helvetia Fund, Inc.), Transfer Agency and Service Agreement (Prospect Street Income Shares Inc), Transfer Agency and Service Agreement (Prospect Street High Income Portfolio Inc)

Force Majeure. In the event either party that a Fund or the Transfer Agent is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 3 contracts

Samples: Agency and Service Agreement (Alger Funds), Agency and Service Agreement (Spectra Fund), Transfer Agency and Service Agreement (Alger Institutional Funds)

Force Majeure. 14.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 3 contracts

Samples: Transfer Agency and Service Agreement (Ark Funds/Ma), Transfer Agency and Service Agreement (Highmark Group /Oh/), Transfer Agency and Service Agreement (Highmark Group /Oh/)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable liabile for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 3 contracts

Samples: Subscription Agent Agreement (China Fund Inc), Subscription Agent Agreement (Liberty All Star Equity Fund), Subscription, Distribution and Information Agent Agreement (MVC Capital, Inc.)

Force Majeure. 18.1 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes , labor difficulties, mechanical breakdowns, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 3 contracts

Samples: Transfer Agency and Services Agreement (Northstar Advantage Trust), Transfer Agency and Services Agreement (Northstar Equity Trust), Transfer Agency and Services Agreement (Northstar Advantage Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, natural disasters failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 3 contracts

Samples: Warrant Agreement (Ampco Pittsburgh Corp), Warrant Agreement (Ampco Pittsburgh Corp), Warrant Agency Agreement (Digimarc CORP)

Force Majeure. 13.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, control or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Paying Agency Agreement (Corporate High Yield Fund Iii Inc), Paying Agency Agreement (Corporate High Yield Fund v Inc)

Force Majeure. In the event either a party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Administrative and Shareholder Services Agreement (Wells Fargo Funds Trust), Administrative and Shareholder Services Agreement (Wells Fargo Funds Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment properly maintained by the Bank or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Security Capital U S Real Estate Shares Inc), Transfer Agency and Service Agreement (Security Capital U S Real Estate Shares Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes , provided that such party shall have used commercially reasonable measures to prevent such failure or damage and shall use commercially reasonable efforts to recommence performance of such obligations as soon as possible.

Appears in 2 contracts

Samples: Sub Accounting Agreement (Legg Mason Cash Reserve Trust), Sub Accounting Agreement (Legg Mason Value Trust Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement (other than the obligation to pay amounts due and owing hereunder) because of acts of God, strikes, equipment equipment, or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Services Agreement, Sub Licence

Force Majeure. 17.1 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes , labor difficulties, mechanical breakdowns, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Transfer Agency Agreement (Northstar Advantage Government Securities Fund), Transfer Agency and Services Agreement (Tomorrow Funds Retirement Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or failure, damage that is reasonably beyond its control, terrorist acts, war, or civil unrest, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 2 contracts

Samples: Warrant Agency Agreement (Atossa Genetics Inc), Warrant Agency Agreement (Atossa Genetics Inc)

Force Majeure. 14.1 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Assignment and Assumption (Guinness Flight Investment Funds Inc), Transfer Agency and Service Agreement (Guinness Flight Investment Funds)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes cause.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Wells Fargo Funds Trust), Transfer Agency and Service Agreement (Wells Fargo Variable Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes , provided however, that this provision shall not imply that the Transfer Agent is excused from maintaining reasonable business continuity and disaster recovery plans to address potential service outages.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Neuberger Berman Advisers Management Trust), Transfer Agency and Service Agreement (Lehman Brothers Reserve Liquidity Series)

Force Majeure. In the event either a party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. "

Appears in 2 contracts

Samples: Variable Account Ii Aig Life Insurance Co, Variable Account B American Intl Life Assur Co of New York

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . CFS shall use commercially reasonable best efforts to limit such damages. Notwithstanding the foregoing, this provision shall not imply that CFS is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 2 contracts

Samples: Transfer Agency and Services Agreement (DGHM Investment Trust), Agency and Services Agreement (DGHM Investment Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages party resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Northern Lights Fund Trust), Investment Advisory Agreement (Northern Lights Fund Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 2 contracts

Samples: Warrant Agency Agreement (BioRestorative Therapies, Inc.), Warrant Agency Agreement (BioRestorative Therapies, Inc.)

Force Majeure. In the event either party that the Manager is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Aew Real Estate Securities (Nvest Companies Trust I), Aew Real Estate Securities (Nvest Companies Trust I)

Force Majeure. 13.1 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Crabbe Huson Small Cap Fund), Transfer Agency and Service Agreement (Crabbe Huson Real Estate Investment Fund Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes , labor difficulties, mechanical breakdowns, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Transfer Agency and Services Agreement This Agreement (Panorama Trust), Transfer Agency and Services Agreement (Ambac Treasurers Trust)

Force Majeure. 14.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that such party shall make reasonable efforts to remove such causes as soon as practicable to the extent reasonably possible for such party to do so.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Seneca Funds), Agency and Service Agreement (Seneca Funds)

Force Majeure. In the event that either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (FactorShares 2X: S&P500 Bull/Usd Bear), Transfer Agency and Service Agreement (FactorShares S&P US Anti-Equity Premium)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable liabile for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 2 contracts

Samples: Subscription Agent Agreement (Liberty All Star Equity Fund), Subscription Agent Agreement (Liberty All Star Growth Fund Inc /Md/)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agent Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Warrant Agent Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 2 contracts

Samples: Warrant Agent Agreement (Quotient LTD), Warrant Agent Agreement (Quotient LTD)

Force Majeure. In the event either party is reasonably unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages to the extent resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Agency and Service Agreement (Sun Capital Advisers Trust), Agency and Service Agreement (Sun Capital Advisers Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Avenue Mutual Funds Trust), Transfer Agency and Service Agreement (Avenue Income Credit Strategies Fund)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control control and not the result of its negligence or malfeasance, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Schroder Global Series Trust), Transfer Agency and Service Agreement (Schroder Global Series Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other unforeseeable causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes actions.

Appears in 2 contracts

Samples: Agency and Service Agreement (American General Series Portfolio Co 2), Transfer Agency and Service Agreement (American General Series Portfolio Co 2)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 2 contracts

Samples: Warrant Agent Agreement (Cytori Therapeutics, Inc.), Warrant Agent Agreement (Cytori Therapeutics, Inc.)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Notwithstanding the above, the Servicing Agent shall not be excused from liability in the event any telecommunications, power or equipment (of the Servicing Agent, its agents or subcontractors) failures could have been avoided or minimized by such parties having maintained adequate industry standard backup systems.

Appears in 2 contracts

Samples: Agency and Service Agreement (Eclipse Funds), Agency and Service Agreement (Nylim Institutional Funds)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control failure, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Administration Agreement (Conseco Fund Group), Administration Agreement (Conseco Fund Group)

Force Majeure. 13.01. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Bea Strategic Income Fund Inc), Transfer Agency and Service Agreement (Muniyield Pennsylvania Fund)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . . Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties. [Signature Page Follows]

Appears in 2 contracts

Samples: New Warrant Agency Agreement (Skyline Medical Inc.), Warrant Agency Agreement (Mabvax Therapeutics Holdings, Inc.)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes , provided, provided that the relevant party has taken reasonable steps, consistent with its business continuity or disaster recovery plan, to reduce or mitigate any damages.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Aberdeen Funds), Transfer Agency and Service Agreement (Aberdeen Investment Funds)

Force Majeure. In Except for payment obligations hereunder, in the event that either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 2 contracts

Samples: Shareholder Services Agreement (Gmo Trust), Recordkeeping Agreement (One Group Mutual Funds)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , act or war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Notwithstanding the foregoing, in the event such force majeure continues for more than a ninety (90) day period, either party shall have the right to terminate this Agreement upon written notice to the other party.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Wells Fargo Funds Trust), Transfer Agency and Service Agreement (Wells Fargo Variable Trust)

Force Majeure. In the event either party is unable to perform its ------------- obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.

Appears in 2 contracts

Samples: Subscription Agent Agreement (Pacholder High Yield Fund Inc), Subscription Agent Agreement (Pacholder Fund Inc)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes , pandemic, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that this provision shall not imply that CFS is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 2 contracts

Samples: Fund Services Agreement (SFS Series Trust), Fund Services Agreement (SFS Series Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, natural disaster equipment or transmission failure or damage that is reasonably beyond its control, or other causes cause that is reasonably beyond its control control (except, in the case of the Agent, for acts of subcontractors), such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 1 contract

Samples: Subscription and Information Agent Agreement (GOLUB CAPITAL BDC, Inc.)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God , acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes . FSI shall use commercially reasonable best efforts to limit such damages. Notwithstanding the foregoing, this provision shall not imply that FSI is excused from maintaining reasonable business continuity plans to address potential service outages.

Appears in 1 contract

Samples: Transfer Agency and Services Agreement (Diamond Portfolio Investment Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes ; provided, however, that such party shall make reasonable efforts to remove such causes as soon as practicable to the extent reasonably possible for such party to do so.

Appears in 1 contract

Samples: Agency and Service Agreement (Seneca Funds)

Force Majeure. In the event that either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 1 contract

Samples: Shareholder Services Agreement (Aul American Unit Trust)

Force Majeure. In the event either any party is unable to perform its obligations under the terms of this Agreement because of acts of God, war, acts of terrorism, civil unrest, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its such party’s control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes perform.

Appears in 1 contract

Samples: Agreement (MFS Government Markets Income Trust)

Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes acts of war or terrorism, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (MassMutual Access Pine Point Fund)

Force Majeure. 13.1 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes , labor difficulties, mechanical breakdowns, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Appears in 1 contract

Samples: Sub Transfer Agency Agreement (Northstar Advantage Income Fund)