Common use of Force Majeure Clause in Contracts

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 256 contracts

Samples: Custody Agreement (Light Green Investment Trust), Etf Custody Agreement (Global Beta ETF Trust), Custody Agreement (Innovator ETFs Trust II)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots ; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents ; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian, in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 62 contracts

Samples: Custody Agreement (Encompass Funds), Custody Agreement (Sycuan Funds), Custody Agreement (Mundoval Funds)

Force Majeure. Neither the Custodian nor the Trust Fund shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 46 contracts

Samples: Custody Agreement (Brookfield High Income Fund Inc.), Custody Agreement (Salient MLP & Energy Infrastructure Fund), Custody Agreement (Greenspring Fund Inc)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes ; , acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) delay shall use its best efforts to ameliorate the effects of any such failure or delay . Notwithstanding the foregoing, the Custodian shall maintain sufficient disaster recovery procedures to minimize interruptions.

Appears in 43 contracts

Samples: Custody Agreement (Advisorone Funds), Custody Agreement (Copeland Trust), Custody Agreement (Leader Funds Trust)

Force Majeure. Neither the Custodian nor the Trust Company shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 41 contracts

Samples: Custody Agreement (Provident Mutual Funds, Inc.), Custody Agreement (Fmi Funds Inc), Custody Agreement (Needham Funds Inc)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 36 contracts

Samples: Custody Agreement (Potomac Funds), Loan Agreement (Upright Investments Trust), Custody Agreement (Prasad Series Trust)

Force Majeure. Neither the Custodian nor the Trust Fund shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian Custodian: (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement , ; and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 32 contracts

Samples: Custody Agreement (USQ Core Real Estate Fund), Custody Agreement (City National Rochdale Strategic Credit Fund), Custody Agreement (Zell Capital)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund Funds in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 20 contracts

Samples: Custody Agreement (Cullen Funds Trust), Custody Agreement (Everest Funds), Custody Agreement (Merlin Funds Group)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes ; , acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) delay shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 20 contracts

Samples: Form of Custody Agreement (Aquila Municipal Trust), Form of Custody Agreement (Aquila Funds Trust), Form of Custody Agreement (Aquila Municipal Trust)

Force Majeure. Neither the Custodian USBFS nor the Trust Fund shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian USBFS: (i) shall not discriminate against the Fund in favor of any other customer of the Custodian USBFS in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 19 contracts

Samples: Fund Administration Servicing Agreement (Tortoise Tax-Advantaged Social Infrastructure Fund, Inc.), Fund Administration Servicing Agreement (Stone Ridge Trust II), Transfer Agent Servicing Agreement (Stone Ridge Trust V)

Force Majeure. Neither the Custodian nor the Trust Bank shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising which are not the result of Bank's negligence but which have arisen out of or are caused, directly or indirectly, by circumstances beyond its reasonable control, including, including without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility utilities, transportation, computer (hardware or software) or telephone communication communications service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation ; provided, however, that in . Upon the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor occurrence of any other customer of the Custodian in making computer time and personnel available to input such delay or process the transactions contemplated by this Agreement failure, and (ii) Bank shall use its commercially reasonable best efforts to ameliorate resume performance as soon as practicable under the effects of circumstances. Bank has established and agrees to maintain such disaster recovery plans and systems that it reasonably believes to be necessary and appropriate to its operations and which comply, in all material respects, with any such failure statute, regulation or delay rule to which it is subject.

Appears in 13 contracts

Samples: Securities Lending Agreement (ING GLOBAL EQUITY DIVIDEND & PREMIUM Opportunity FUND), Securities Lending Agreement and Guaranty (Ing Variable Products Trust), Securities Lending Agreement (Ing Partners Inc)

Force Majeure. Neither the Custodian nor the Trust Company shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes ; pandemics; epidemics; riots; power failures; computer failure failure; any quarantines or closures ordered by governmental entities or agencies; and any such circumstances beyond its reasonable control as may cause interruption , ; loss or malfunction of utility , ; transportation , ; computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) delay shall use its best efforts to ameliorate the effects of any such failure or delay . Notwithstanding the foregoing, the Custodian shall maintain sufficient disaster recovery procedures to minimize interruptions.

Appears in 11 contracts

Samples: Custody Agreement (SFS Series Trust), Agreement (Dynamic Alternatives Fund), Custody Agreement (VELA Funds)

Force Majeure. Neither Notwithstanding anything to the Custodian nor contrary contained herein, the Trust Rights Agent shall not be liable for any failure delays or delay failures in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances to the extent resulting from acts beyond its reasonable control, control including, without limitation, acts of God ; earthquakes; fires; floods; wars; , epidemics, pandemics, terrorist acts, breakdowns, interruptions or malfunctions of any communications or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war or civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation unrest; provided, however, that in the Rights Agent shall use reasonable commercial efforts to resume performance as soon as practicable. If any such act or event of a failure or delay occurs, the Custodian (i) Rights Agent shall not discriminate against give prompt written notice to Parent and the Fund in favor of any other customer Stockholders’ Representative, stating the nature of the Custodian in making computer time act or event and personnel available action being taken to input avoid or process the transactions contemplated by this Agreement, and (ii) shall use minimize its best efforts to ameliorate the effects of any such failure or delay effect.

Appears in 10 contracts

Samples: Contingent Value Rights Agreement (Eros International PLC), Class E Contingent Value Rights Agreement (Eros International PLC), Contingent Value Rights Agreement (Eros International PLC)

Force Majeure. Neither the Custodian nor the any Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the any Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement Agreement and agreements with such other customers, and (ii) shall use its best efforts to promptly ameliorate the effects of any such failure or delay.

Appears in 10 contracts

Samples: Custody Agreement (New Covenant Funds), Custody Agreement (Sei Institutional Investments Trust), Custody Agreement (SEI Insurance Products Trust)

Force Majeure. Neither the Custodian nor the Trust Corporation shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 9 contracts

Samples: Custody Agreement (Agile Funds Inc), Custody Agreement (Perritt Microcap Opportunities Fund Inc), Custody Agreement (Pebblebrook Fund Inc)

Force Majeure. Neither the Custodian nor the Trust Corporation shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots ; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents ; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian, in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 9 contracts

Samples: Custody Agreement (Matrix Advisors Value Fund Inc), Exhibit 8b (Declaration Fund), Custody Agreement (Tristar Investment Trust)

Force Majeure. Neither the Custodian nor the Trust Company shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes ; , acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) delay shall use its best efforts to ameliorate the effects of any such failure or delay . Notwithstanding the foregoing, the Custodian shall maintain sufficient disaster recovery procedures to minimize interruptions.

Appears in 9 contracts

Samples: Custody Agreement (Herzfeld Caribbean Basin Fund Inc), Custody Agreement (Steward Funds, Inc.), Custody Agreement (Ultimus Managers Trust)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay . The Custodian will be liable for any failure or delay in performance of its obligations under this Agreement or any loss whatsoever arising out of the Custodian's failure to (i) adopt a Disaster Recovery Plan (as defined in Article VIII above); or (ii) reasonably implement and adhere to such Disaster Recovery Plan.

Appears in 9 contracts

Samples: Management Investment Trust (Capital Management Investment Trust), Custody Agreement (Piedmont Investment Trust), Custody Agreement (RAM Funds)

Force Majeure. Neither the Custodian nor the Trust Fund shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 8 contracts

Samples: Custody Agreement (Bridges Investment Fund Inc), Custody Agreement (MVC Capital, Inc.), Custody Agreement (Merger Fund Vl)

Force Majeure. Neither the Custodian nor the Trust shall BNY Mellon will not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or to the extent caused, directly or indirectly, by circumstances any event beyond its reasonable control, including including acts of God, without limitation strikes or other labor disputes, work stoppages, acts of God; earthquakes; fires; floods; wars; war, terrorism, general civil unrest, governmental or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause actions, legal constraint or the interruption, loss or malfunction of utility, transportation, utilities or communications or computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in systems. BNY Mellon will promptly notify Customer upon the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects occurrence of any such failure or delay event and will use commercially reasonable efforts to minimize its effect.

Appears in 8 contracts

Samples: Custody Agreement (Third Avenue Trust), Custody Agreement (USCF ETF Trust), Custody Agreement (Wilshire wShares Enhanced Gold Trust)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best commercially reasonable efforts to ameliorate the effects of any such failure or delay.

Appears in 8 contracts

Samples: Custody Agreement (Volt ETF Trust), Custody Agreement (Starboard Investment Trust), Custody Agreement (Volt ETF Trust)

Force Majeure. Neither the Custodian nor the Trust shall The Bank will not be liable for any failure or delay in performance performing or failure to perform any of its obligations under this Agreement arising out as a result of any circumstances or caused, directly or indirectly, by circumstances events beyond its reasonable control, including including without limitation the failure, without limitation malfunction or unavailability of power, acts telecommunications, data communications, computer systems or software and related services, act of God ; earthquakes; fires; floods; wars; , war, terrorism, riot, civil unrest or military disturbances; acts of terrorism; sabotage; commotion, fire, flood, wind storms, hurricanes, government action, strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption , loss lock-outs, labour disruption or malfunction of utility, transportation, computer other industrial action or trade dispute ( hardware whether involving the Bank’s employees or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor those of any other customer person). Any delay or failure of this kind will not be deemed to be a breach of this Agreement and the time for performance of the Custodian affected obligation will be extended by a period that is reasonable in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay circumstances.

Appears in 8 contracts

Samples: Bill Payment Service Agreement, Bill Payment Service Agreement, Bill Payment Service Agreement

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian, in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 8 contracts

Samples: Custody Agreement (10k Smart Trust), Custody Agreement (Venus Series Trust), Custody Agreement (Roulston Funds)

Force Majeure. Neither the Custodian nor the Trust Company shall not be liable for delays, suspension of operations, whether temporary or permanent, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond the reasonable control of Trust Company, including but not limited to, any delay or failure due to any act of God, natural disasters, act of civil or delay military authorities, act of terrorists, including but not limited to cyber-related terrorist acts, hacking, government restrictions, exchange or market rulings, civil disturbance, war, strike or other labor dispute, fire, interruption in performance telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond the reasonable control of Trust Company and shall not affect the validity and enforceability of any remaining provisions. For the avoidance of doubt, a cybersecurity attack, hack or other intrusion by a third party or by someone associated with Trust Company is not a circumstance that is beyond Trust Company’s reasonable control, to the extent due to Trust Company’s failure to comply with its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement , and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay .

Appears in 7 contracts

Samples: Company Custodial Services Agreement (Grayscale Bitcoin Trust (BTC)), Trust Company Custodial Services Agreement (Grayscale Litecoin Trust (LTC)), Trust Company Custodial Services Agreement (Grayscale Ethereum Trust (ETH))

Force Majeure. Neither the Custodian nor the Trust The Bank shall not be liable responsible for any liability, loss, or damage resulting from the Bank's failure to perform any Service or delay in performance of its to perform any other obligations under this Agreement arising out which is caused by an act of God, fire, floods, adverse weather or caused atmospheric conditions or other catastrophes; war, directly or indirectly sabotage, by circumstances beyond its reasonable control, including, without limitation riots, acts of God; earthquakes; fires; floods; wars; civil public enemy, or military disturbances; acts of terrorism governmental authority or the Board of Governors of the Federal Reserve; sabotage labor difficulties; strikes; epidemics; riots; power failures; equipment or computer failure and any such circumstances beyond its reasonable control as may cause or destruction or the unavailability, interruption, loss or malfunction of utility, transportation, computer (hardware communications facilities or software) utilities; delays or telephone communication service failure to act by you or third parties and their personnel; accidents; labor disputes; acts of civil or military authority; governmental actions criminal acts; or inability to obtain labor, material, equipment or transportation; provided, however, that in generally any cause reasonably beyond the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay Bank's control.

Appears in 7 contracts

Samples: Online Banking Agreement, Online Banking Agreement, Online Banking Agreement

Force Majeure. Neither the Custodian nor the Trust Circle shall not be liable for any delays in performing or failure or delay in performance of to perform its obligations under this Agreement arising out of or caused, resulting directly or indirectly indirectly from, or contributed to by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil acts or military disturbances failures to act of the Client; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts failures to act of civil or military authority; governmental actions priorities; fires; strikes; or inability other labour disputes; accidents; floods; epidemics; failure of the world wide web, or any other circumstances beyond Circle’s reasonable control, whether similar or dissimilar to obtain labor, material, equipment the foregoing. The User or transportation; provided, however, that in Circle shall notify the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor other promptly of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or material delay.

Appears in 7 contracts

Samples: Software Usage Terms, Software Usage Terms, Software Usage Terms

Force Majeure. Neither the Custodian nor the Trust The Bank shall not be liable responsible for any liability, loss, or damage resulting from Bank's failure to perform any Service or delay in performance of its to perform any other obligations under this Agreement arising out which is caused by an act of God, fire, floods, adverse weather or caused atmospheric conditions or other catastrophes; war, directly or indirectly sabotage, by circumstances beyond its reasonable control, including, without limitation riots, acts of God; earthquakes; fires; floods; wars; civil public enemy, or military disturbances; acts of terrorism governmental authority or the Board of Governors of the Federal Reserve; sabotage labor difficulties; strikes; epidemics; riots; power failures; equipment or computer failure and any such circumstances beyond its reasonable control as may cause or destruction or the unavailability, interruption, loss or malfunction of utility, transportation, computer (hardware communications facilities or software) utilities; delays or telephone communication service failure to act by you or third parties and their personnel; accidents; labor disputes; acts of civil or military authority; governmental actions criminal acts; or inability to obtain labor, material, equipment or transportation; provided, however, that in generally any cause reasonably beyond the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay Bank's control.

Appears in 7 contracts

Samples: Online and Mobile Access Agreement, Mobile Banking Service Agreement, Terms and Conditions Central Bank Online Banking Agreement

Force Majeure. Neither the Custodian nor the Trust Fund shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances not reasonably foreseeable and beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods God and any resulting power failure; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots ; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes ; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation and any such similar circumstances beyond its reasonable control as may cause a business interruption; provided, however, that in the event of a failure or delay, the Custodian Custodian: (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement , ; and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 7 contracts

Samples: Custody Agreement (Stone Ridge Residential Real Estate Income Fund I, Inc.), Custody Agreement (Stone Ridge Trust VI), Custody Agreement (Stone Ridge Longevity Risk Premium Fixed Income Trust 68M)

Force Majeure. Neither the Custodian nor the Trust Company shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 7 contracts

Samples: Custody Agreement (Tortoise Capital Resources Corp), Custody Agreement (Tortoise Energy Capital Corp), Custody Agreement (Tortoise Energy Capital Corp)

Force Majeure. Neither the Custodian Custodian, the Funds nor the Trust KCM shall be liable for any failure or delay in performance of its their obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund Funds in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 7 contracts

Samples: Custody Agreement (Buffalo Funds), Custody Agreement (Buffalo Funds), Custody Agreement (Buffalo Funds)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the a Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 6 contracts

Samples: Custody Agreement (Henlopen Fund), Custody Agreement (Lou Holland Trust), Custody Agreement (Ccma Select Investment Trust)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 6 contracts

Samples: Custody Agreement (Trust for Professional Managers), Custody Agreement (Skyhawk Capital Management Funds Trust), Custody Agreement (Intrepid Capital Management Funds Trust)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the a Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 6 contracts

Samples: Custody Agreement (LoCorr Investment Trust), Custody Agreement (LKCM Funds), Custody Agreement (StrongVest ETF Trust)

Force Majeure. Neither the Custodian nor the Trust Company shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions ; or inability to obtain labor, material, equipment or transportation ;; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 5 contracts

Samples: Custody Agreement (Nicholas Fund Inc), Custody Agreement (Nicholas LTD Edition Inc), Custody Agreement (Nicholas Equity Income Fund Inc)

Force Majeure. Neither the Custodian nor the Trust Bank shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising which are not the result of Bank’s negligence but which have arisen out of or are caused, directly or indirectly, by circumstances beyond its reasonable control, including, including without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility utilities, transportation, computer (hardware or software) or telephone communication communications service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation ; provided, however, that in . Upon the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor occurrence of any other customer of the Custodian in making computer time and personnel available to input such delay or process the transactions contemplated by this Agreement failure, and (ii) Bank shall use its commercially reasonable best efforts to ameliorate resume performance as soon as practicable under the effects of circumstances. Bank has established and agrees to maintain such disaster recovery plans and systems that it reasonably believes to be necessary and appropriate to its operations and which comply, in all material respects, with any such failure statute, regulation or delay rule to which it is subject.

Appears in 5 contracts

Samples: Securities Lending Agreement and Guaranty (ING Emerging Markets High Dividend Equity Fund), Securities Lending Agreement and Guaranty (ING International High Dividend Equity Income Fund), Securities Lending Agreement and Guaranty (ING Infrastructure Development Equity Fund)

Force Majeure. Neither Notwithstanding any provision in this Agreement to the Custodian nor the Trust contrary, neither Party shall be liable for any failure or delay in performance of to fulfill its obligations under this Agreement arising out of hereunder (except with respect to payment or caused, directly other monetary obligation or indirectly, by circumstances as otherwise specifically set forth herein) if such failure is due to causes beyond its reasonable control, including, without limitation, actions or failures to act of the other Party or, acts of God ; earthquakes; fires; floods; wars; civil , flood, fire, storm, catastrophe, governmental prohibitions or military disturbances; regulations, viruses which did not result from the acts or omissions of such Party, its employees or agents, national emergencies, acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer public enemies, national emergency, insurrections, riots or wars, breakdown of or damage to plants or equipment or facilities (other than arising out of the neglect of or mishandling by such Party), the relevant portion of the Internet is down due to a technology failure and any (other than arising out of the neglect of or mishandling by such circumstances beyond its reasonable control as may cause interruption Party), loss failure of a supplier to supply necessary materials or malfunction equipment in a timely manner, destruction of utility property, transportation embargoes, computer (hardware boycotts, governmental legislation or software) regulations, orders or telephone communication service; accidents; labor disputes; acts of civil or military authority; authorities, governmental actions; acts or inability to obtain labor orders of courts or administrative agencies, material or strikes, equipment lockouts, work stoppages or transportation; provided, however, that in other labor difficulties. The time for any performance required hereunder shall be extended by the event delay incurred as a result of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor such act of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement force majeure, and (ii) each Party shall use its best efforts act with diligence to ameliorate the effects of any correct such failure or delay force majeure.

Appears in 5 contracts

Samples: Joint Marketing and Services Agreement (Ixc Communications Inc), Joint Marketing and Services Agreement (Ixc Communications Inc), Joint Marketing and Services Agreement (Psinet Inc)

Force Majeure. Neither the Custodian Custodian, the Sponsor nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the a Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 5 contracts

Samples: Custody Agreement (ETF Managers Group Commodity Trust I), Custody Agreement (ConvexityShares Trust), Custody Agreement (Direxion Shares ETF Trust II)

Force Majeure. Neither Except for (i) payment obligations or (ii) any obligations relating to the Custodian nor protection of or restrictions applicable to the Trust other party's Confidential Information or intellectual property, neither party shall be liable for to the other or in breach of this Agreement due to any failure or delay in performance of its obligations under this Agreement arising out to the extent the failure or delay arises (and only for the duration that the affected party is precluded from performing) as a result of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God ; earthquakes; fires; floods; , fire, disaster, explosion, vandalism, storm, adverse weather conditions, strikes, labor disputes or disruptions, epidemics, wars ; , national emergencies, riots, civil disturbances, shortages of materials, actions or military disturbances; acts inactions of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and government authorities, terrorist acts, lockout, work stoppages or other labor difficulties, border delays, failures or interruptions of utilities or telecommunications equipment or services, system failures or any such circumstances other cause that is beyond its the reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay party.

Appears in 5 contracts

Samples: Professional Services Agreement, Text Professional Services Agreement, Open Text Professional Services Agreement

Force Majeure. Neither the Custodian USBFS nor the Trust Fund shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian USBFS: (i) shall not discriminate against the Fund in favor of any other customer of the Custodian USBFS in making computer time and personnel available to input or process the transactions contemplated by this Agreement , ; and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 5 contracts

Samples: Fund Accounting Servicing Agreement (Stone Ridge Trust V), Fund Accounting Servicing Agreement (Stone Ridge Trust II), Fund Accounting Servicing Agreement (Stone Ridge Trust III)

Force Majeure. Neither Point Blank Shooting shall not be in breach of the Custodian Contract nor the Trust shall will it be liable for any failure or delay in performance performing, or failure to perform, any of its obligations under this Agreement arising out of the Contract if such delay or caused failure result from events, directly circumstances or indirectly, by circumstances causes beyond its reasonable control, including including fire, without limitation flood, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts natural disaster, act of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption , loss or malfunction of utility war, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor supplies, material, equipment utilities or transportation; provided, however, that in the event technology failures or act of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay governmental authority.

Appears in 5 contracts

Samples: assets.website-files.com, assets.website-files.com, assets.website-files.com

Force Majeure. Neither To the maximum extent permitted by law and notwithstanding any other provision of this Agreement, the Custodian nor the Trust shall will not be liable for, and the Borrower hereby releases the Custodian from responsibility for any failure all losses, claims, liabilities, expenses (including counsel fees both outside and internal allocated costs) and damages due to errors, delays or delay inaccuracies in performance of its obligations under this Agreement transmission and from all liability for losses arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation interruption of business due to acts of God, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; governmental authority, acts of terrorism; sabotage; strikes; epidemics; a public enemy, or due to any and all wars, riots ; power failures; computer failure and any such circumstances beyond its reasonable control as may cause , fires, floods, civil commotion, insurrections, labor difficulties, severe weather conditions, interruption, delay in, or loss (partial or malfunction complete) of utility, transportation, electrical power or external computer (hardware or software) or telephone communication service communications services, strikes or other labor disturbance by employees or nonaffiliates, government, judicial or regulatory organization order, rule or regulation; accidents; labor disputes; acts of civil energy or military authority; governmental actions; natural resource difficulty or storage, and inability to obtain labor, material materials, equipment or transportation; provided transportation and equipment, however system and software failures or any other causes beyond the reasonable control of the Custodian, that in the event of a failure preventing or delay, the Custodian (i) shall not discriminate against the Fund in favor delaying performance of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by obligation under this Agreement , and (ii) . This release shall use its best efforts to ameliorate the effects survive termination of any such failure or delay this Agreement.

Appears in 4 contracts

Samples: Custodial Agreement (Main Street Capital CORP), Custodial Agreement (Main Street Capital CORP), Custodial Agreement (Triangle Capital CORP)

Force Majeure. Neither the Custodian nor the Trust Corp shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the a Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 4 contracts

Samples: Custody Agreement (Brandywine Fund Inc), Custody Agreement (Fmi Mutual Funds Inc), Custody Agreement (Brandywine Blue Fund Inc)

Force Majeure. Neither the Custodian Fund nor the Trust BBH&CO shall be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of of, or caused, caused directly or indirectly indirectly by, by circumstances beyond its reasonable control, including, including without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption interruptions, loss or malfunction malfunctions of utility utilities, transportation, computer (hardware or software) or telephone communication communications service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation ; . Without limiting the foregoing, BBH&CO shall not be responsible for economic, political or investment risks incurred through the Fund's participation in this securities lending program, provided, however, however that BBH&CO in the event of a any such failure or delay, the Custodian delay (i) shall not discriminate against the Fund in favor of any other customer of the Custodian BBH&CO in making computer time and personnel resources available to input or process the transactions contemplated by perform its obligations under this Agreement, Agreement and (ii) shall use its best reasonable efforts to ameliorate the effects of any such failure or of delay.

Appears in 4 contracts

Samples: Securities Lending Agency Agreement (Touchstone Variable Series Trust), Securities Lending Agency Agreement (Touchstone Strategic Trust), Securities Lending Agency Agreement (Touchstone Investment Trust)

Force Majeure. Neither the Custodian nor the Trust shall party will be liable responsible for any failure or delay in its performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances (except for the payment obligations) due to causes beyond its reasonable control, including, without limitation but not limited to, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes ; acts , strikes, lockouts, shortages of civil or military authority; governmental actions; or inability to obtain labor, material energy, equipment raw materials or transportation; provided supplies, however internet failure, communication line failure and power failures, war, acts of terror, riot, acts of God or governmental action (including the passage of laws or regulations or other acts of government that in impact the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer delivery of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay Subscription Service).

Appears in 4 contracts

Samples: Service End User License Agreement, License Agreement, Secureauth Subscription Agreement

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian Custodian: (i) shall not discriminate against the Fund Trust in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement , ; and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 4 contracts

Samples: Custody Agreement (Salt Funds Trust), Custody Agreement (Vs Trust), Custody Agreement (Tidal ETF Trust)

Force Majeure. Neither the Custodian nor the Trust Corporation shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 4 contracts

Samples: Custody Agreement (Primary Trend Fund Inc), Custody Agreement (Primary Income Funds Inc), Custody Agreement (Monetta Fund Inc)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund Funds in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement Custodian, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 4 contracts

Samples: Custody Agreement (DoubleLine Funds Trust), Custody Agreement (DoubleLine Funds Trust), Amended And (DoubleLine Funds Trust)

Force Majeure. Neither the Custodian nor the Trust Fund shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances not reasonably foreseeable and beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods God and any resulting power failure; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots ; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes ; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation and any such similar circumstances beyond its reasonable control as may cause a business interruption; provided, however, that in the event of a failure or delay, the Custodian Custodian: (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement , ; and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay . . FINAL

Appears in 4 contracts

Samples: Custody Agreement (Stone Ridge Trust IV), Custody Agreement (Stone Ridge Trust III), Custody Agreement (Stone Ridge Trust V)

Force Majeure. Neither the Custodian USBFS nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian USBFS: (i) shall not discriminate against the a Fund in favor of any other customer of the Custodian USBFS in making computer time and personnel available to input or process the transactions contemplated by this Agreement , ; and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 4 contracts

Samples: Fund Accounting Servicing Agreement (Stone Ridge Trust), Fund Accounting Servicing Agreement (Stone Ridge Trust), Transfer Agent Servicing Agreement (Stone Ridge Trust)

Force Majeure. Neither the Custodian nor the Trust Chase shall be liable have no liability for any damage, loss, expense or liability of any nature that Fund may suffer or incur, caused by an act of God, fire, flood, civil or labor disturbance, war, act of any governmental authority or other act or threat of any authority (de jure or de facto), legal constraint, fraud or forgery (except to the extent attributable to the acts of Chase employees or agents), malfunction of equipment or software (except to the extent such malfunction is primarily attributable to Chase's negligence in maintaining the equipment or software), failure or delay in performance of its obligations under this Agreement arising out of or caused the effect of rules or operations of any external funds transfer system, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor or interruption of external communications facilities, material, equipment or transportation; provided, however, that in any cause beyond the event reasonable control of a failure or delay, Chase. Chase shall use reasonable efforts to minimize the Custodian (i) shall not discriminate against the Fund in favor likelihood of any other customer damage, loss of the Custodian in making computer time data, delays and personnel available to input or process the transactions contemplated by this Agreement errors resulting from uncontrollable events, and (ii) should such damage, loss of data, delays or errors occur, Chase shall use its best reasonable efforts to ameliorate mitigate the effects of any such failure or delay occurrence.

Appears in 4 contracts

Samples: Service Agreement (Nuveen Senior Income Fund), Service Agreement (Nuveen Senior Income Fund), Funds Service Agreement (Nuveen Floating Rate Fund)

Force Majeure. Neither the Custodian nor the Trust Agent shall not be liable for any failure failures, delays or delay in performance of its obligations under this Agreement losses, arising directly or indirectly out of or caused, directly or indirectly, by circumstances conditions beyond its reasonable control, including, without limitation but not limited to, acts of God; government, exchange or market ruling, suspension of trading, work stoppages or labor disputes, civil disobedience, riots, rebellions, electrical or mechanical failure, computer hardware or software failure, communications facilities failures including telephone failure, war, terrorism, insurrection, fires, earthquakes ; fires; , storms, floods ; wars; civil or military disturbances; , acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure God or similar occurrences. Agent shall enter into and any such circumstances beyond its shall maintain in effect with appropriate parties one or more agreements making reasonable control as may cause interruption, loss or malfunction provisions for emergency use of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability electronic data processing equipment to obtain labor, material, the extent appropriate equipment or transportation; provided, however, that in is available. In the event of a failure equipment failures, Agent shall, at no additional expense to the Client, take reasonable steps to minimize service interruptions. Agent shall have no liability with respect to the loss of data or delay service interruptions caused by equipment failure, the Custodian (i) shall provided such loss or interruption is not discriminate against the Fund in favor caused by Agent's own willful misfeasance, bad faith, negligence or reckless disregard of any other customer of the Custodian in making computer time and personnel available to input its duties or process the transactions contemplated by obligations under this Agreement , and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay .

Appears in 4 contracts

Samples: Service Agreement (First Trust Energy Infrastructure Fund), Service Agreement (First Trust Senior Floating Rate 2022 Target Term Fund), Service Agreement (First Trust MLP & Energy Income Fund)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots ; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents ; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian, in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 4 contracts

Samples: Exhibit 23g (Amidex Funds Inc), Custody Agreement (Fenimore Asset Management Trust), Custody Agreement (Timothy Plan)

Force Majeure. Neither the Custodian nor the Trust Funds shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund Funds in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 4 contracts

Samples: Custody Agreement (Salient MLP & Energy Infrastructure Fund), Custody Agreement (Salient MLP & Energy Infrastructure Fund), Closed End Fund (Hatteras 1099 Advantage Fund)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund Funds in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 4 contracts

Samples: Custody Agreement (PineBridge Mutual Funds), Custody Agreement (Ranger Funds Investment Trust), Custody Agreement (Community Capital Trust)

Force Majeure. Neither the Custodian nor the Trust Fund shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement Custodian, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Custody Agreement (Cohen & Steers MLP & Energy Opportunity Fund, Inc.), Custody Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.), Custody Agreement (DoubleLine Income Solutions Fund)

Force Majeure. Neither the Custodian nor the Trust shall The Bank will not be liable for any failure or delay in performance performing or failure to perform any of its obligations under this Agreement arising out as a result of any circumstances or caused, directly or indirectly, by circumstances events beyond its reasonable control, including including without limitation the failure, without limitation malfunction or unavailability of power, acts telecommunications, data communications, computer systems or software and related services, act of God ; earthquakes; fires; floods; wars; , war, terrorism, riot, civil unrest or military disturbances; acts of terrorism; sabotage; commotion, fire, flood, wind storms, hurricanes, government action, strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption , loss lock-outs, labour disruption or malfunction of utility, transportation, computer other industrial action or trade dispute ( hardware whether involving the Bank’s employees or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor those of any other customer person). Any delay or failure of the Custodian in making computer time and personnel available this kind will not be deemed to input or process the transactions contemplated by be a breach of this Agreement , and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Business Account Operating Agreement, Account Operating Agreement, Business Account Operating Agreement

Force Majeure. Neither the Custodian nor the Trust Company shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund Company in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Custody Agreement (Jensen Quality Growth Fund Inc), Form of Custody Agreement (Poliwogg Regenerative Medicine Fund, Inc.), Custody Agreement (Tortoise North American Energy Corp)

Force Majeure. Neither Except for the Custodian nor the Trust obligations to make payments hereunder, each Party shall be liable for relieved of the obligations hereunder to the extent that performance is delayed or prevented by any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances cause beyond its reasonable control, including, without limitation, delays in or the withholding of decisions required by the other Party, acts of God ; earthquakes; fires; floods; wars; , public enemies, war, civil disorder, communications failures, fire, flood, explosion, labor disputes or military disturbances; strikes or any acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor orders of any other customer of the Custodian governmental authority, failures or fluctuations in making computer time and personnel available to input electrical power, heat, light, air conditioning or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay telecommunications equipment.

Appears in 3 contracts

Samples: Services Agreement (Sabre Group Holdings Inc), Services Agreement (Sabre Group Holdings Inc), Services Agreement (Sabre Group Holdings Inc)

Force Majeure. Neither the Custodian nor the Trust Corporation shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian, in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Form of Custody Agreement (Millennium Rhim Funds Inc), Custody Agreement (Fleming Capital Mutual Fund Group Inc), Custody Agreement (Fleming Capital Mutual Fund Group Inc)

Force Majeure. Neither the Custodian nor the Trust Portfolio shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund Portfolios in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Custody Agreement (Growth Mutual Fund Portfolio), Custody Agreement (Aggressive Growth Mutual Fund Portfolio), Custody Agreement (Flex Funds)

Force Majeure. Neither the Custodian nor the Trust Forum shall not be responsible or liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, control including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority ; governmental actions; , national emergencies, labor difficulties, fire, mechanical breakdowns, flood or inability to obtain labor catastrophe, material acts of God, insurrection, war, riots, failure of the mails, transportation, communication or power supply or equipment or transportation failures; provided, however that Forum shall, that in at no additional expense to the event of a failure or delay Trust, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available take reasonable steps to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay minimize service interruptions.

Appears in 3 contracts

Samples: Accounting Agreement (Core Trust /De), Accounting Agreement (Core Trust /De), Accounting Agreement (Core Trust /De)

Force Majeure. Neither the Custodian nor the Trust party shall be liable or deemed in default for any delay or failure or delay in performance of its obligations under this Agreement arising out or interruption of or caused, service resulting directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, indirectly from acts of God ; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption , loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority ; governmental actions; or inability to obtain labor , material acts of the public enemy, equipment or transportation; provided war, however riots, that in the event of a failure or delay civil disturbances, insurrections, accidents, fires, explosions, earthquakes, floods, the Custodian (i) shall not discriminate against the Fund in favor of elements or any other customer cause beyond the reasonable control of such party. KDDI and Buyers agree to address or minimize the Custodian in making computer time and personnel available impact of such acts by taking reasonable measures to input or process ensure to the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay extent possible performance hereunder.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Force Majeure. Neither the Custodian nor the Trust Except with respect to obligations to make payments hereunder, neither party shall be liable for deemed in default hereunder, nor shall it hold the other party responsible for, any failure cessation, interruption or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances hereunder due to causes beyond its reasonable control as may cause interruption including, loss but not limited to: earthquake, flood, fire, storm or malfunction other natural disaster, act of utility God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict or the inability to obtain sufficient material, supplies, labor, transportation, computer (hardware power or software) other essential commodity or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that service required in the event conduct of a failure its business, including internet access, or delay, any change in or the Custodian (i) shall not discriminate against the Fund in favor adoption of any other customer of the Custodian in making computer time and personnel available to input law, ordinance, rule, regulation, order, judgment or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay decree.

Appears in 3 contracts

Samples: Search Services Agreement (Findwhat Com Inc), Member Provider With Site Agreement (Gift Card Digest Corp.), Findwhat Com Inc

Force Majeure. Neither the Custodian nor the Trust Seller shall not be in default for failure to perform and shall not be liable for any failure loss, damage, detention or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, when prevented from doing so by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances causes beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; including but not limited to acts of war (declared or undeclared), Acts of God, fire, terrorism, sabotage, power, explosions, epidemics, civil disturbances, strike, labor difficulties, acts or military omissions of any governmental authority ; governmental actions; , compliance with government laws or regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain necessary labor, material raw materials, or manufacturing facilities from usual sources, equipment failure, or transportation; provided, however, that from defects or delays in the event performance of a failure its suppliers or delay, subcontractors due to any of the Custodian (i) shall not discriminate against foregoing enumerated causes. Upon the Fund in favor occurrence of any other customer of event or circumstance referenced above, Seller shall have the Custodian right to allocate Products among its customers in making computer time its sole discretion. This Section supplements, and personnel does not replace, any remedies available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay Seller under applicable law.

Appears in 3 contracts

Samples: Elkhart Plastics Terms and Conditions of Sale, Jamco Terms and Conditions of Sale, Patch Rubber Company Terms And

Force Majeure. Neither the Custodian nor the Trust party shall be liable for in default hereunder by reason of any failure or delay in the performance of its obligations any obligation under this Agreement arising where such failure or delay arises out of any cause beyond the reasonable control and without the fault or caused, directly or indirectly, by circumstances beyond its reasonable control, including negligence of such party. Such causes shall include, without limitation, storms, floods, other acts of God; earthquakes; nature, fires ; floods; wars; , explosions, riots, war or civil disturbance, strikes or military disturbances; acts other labor unrests, embargoes and other governmental actions or regulations that would prohibit either party from performing any aspects of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption the obligations hereunder, loss or malfunction of utility, delays in transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or and inability to obtain necessary labor, material, equipment supplies or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay manufacturing facilities.

Appears in 3 contracts

Samples: Distribution and Advertising Sales Agreement (AMHN, Inc.), Distribution Agreement (CareView Communications Inc), Agreement (CareView Communications Inc)

Force Majeure. Neither the Custodian nor the Trust The Company shall not be liable for any Losses suffered by the Customer to the extent resulting from any failure on the part of the Company, its officers, servants or delay in performance of its obligations under this Agreement arising out of agents caused by or caused, directly or indirectly indirectly due to war, by circumstances beyond its reasonable control terrorism, including act of any Government or other competent authority, without limitation civil unrest, embargo, computer system failure, storm, fire, accident, industrial action including strikes or lock outs, acts of God ; earthquakes; fires; floods; wars; civil , illness, prevention from or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and hindrance in obtaining raw materials, energy or other supplies or any such circumstances other similar cause or matter beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time Seller and personnel available during the continuance of such causes or matters the obligation of the Company to input or process the transactions contemplated by this Agreement, and (ii) Customer shall use its best efforts to ameliorate the effects of any such failure or delay be suspended.

Appears in 3 contracts

Samples: snowbusinesshollywood.com, snowbusinesshollywood.com, www.thesnowpeople.com

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the any Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Custody Agreement (Fort Pitt Capital Funds), Custody Agreement (Alpine Income Trust), Custody Agreement (Cadre Institutional Investors Trust)

Force Majeure. Neither the Custodian nor the Trust shall BNY Mellon will not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of to the extent and while such failure or delay is caused, directly or indirectly, by circumstances beyond its reasonable control natural disasters, including, without limitation fire, acts of God ; earthquakes; fires; floods; wars; , strikes or other labor disputes, work stoppages, acts of war or terrorism, general civil unrest, actual or threatened epidemics, pandemics, widespread disease, act of any government, governmental authority or military disturbances; acts authority, declared or threatened state of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause emergency, legal constraint, the interruption, loss or malfunction of utility, utilities or transportation, communications or computer (hardware systems, or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of similar events beyond its reasonable control. BNY Mellon will promptly notify Customer upon the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects occurrence of any such failure or delay event and will use commercially reasonable efforts to minimize its effect.

Appears in 3 contracts

Samples: Custodial Agreement, Pacific Funds, Custodial Agreement

Force Majeure. Neither the Custodian USBFS nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian USBFS (i) shall not discriminate against the Fund Trust in favor of any other customer of the Custodian USBFS in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Transfer Agent Servicing Agreement (Steben Alternative Investment Funds), Fund Accounting Servicing Agreement (Steben Alternative Investment Funds), Fund Administration Servicing Agreement (Steben Alternative Investment Funds)

Force Majeure. Neither the Custodian Bank nor the Trust Company shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian Bank (i) shall not discriminate against the Fund Company in favor of any other customer of the Custodian Bank in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Cash Servicing Agreement (Rochdale Structured Claims Fixed Income Fund LLC), Cash Servicing Agreement (City National Rochdale Structured Claims Fixed Income Fund LLC), Cash Servicing Agreement (Rochdale High Yield Advances Fund LLC)

Force Majeure. Neither the Custodian nor the Trust No party to this Agreement shall be responsible or liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, control including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority ; governmental actions; , national emergencies, labor difficulties, fire, mechanical breakdowns, flood or inability to obtain labor catastrophe, material acts of God, equipment insurrection, war, acts of terrorism, riots or transportation failure of the mails or any transportation medium, communication system or power supply; provided, however, that in each specific case such circumstance shall be beyond the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer reasonable control of the Custodian in making computer time and personnel available party seeking to input or process the transactions contemplated by apply this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay force majeure clause.

Appears in 3 contracts

Samples: Distribution Agreement (FlowStone Opportunity Fund), Distribution Agreement (Partners Group Private Equity (Master Fund), LLC), Distribution Agreement (Partners Group Private Income Opportunities, LLC)

Force Majeure. Neither the Custodian USBFS nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian USBFS (i) shall not discriminate against the a Fund in favor of any other customer of the Custodian USBFS in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Fund Administration Servicing Agreement (LoCorr Investment Trust), Fund Accounting Servicing Agreement (LoCorr Investment Trust), Transfer Agent Servicing Agreement (LoCorr Investment Trust)

Force Majeure. Neither the Custodian nor the Trust Trusts shall be liable for any failure or delay in performance of its their obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Underlying Funds Trust Custody Agreement (Hatteras Alternative Mutual Funds Trust), Underlying Funds Trust Custody Agreement (Hatteras Alternative Mutual Funds Trust), Underlying Funds Trust Custody Agreement (Underlying Funds Trust)

Force Majeure. Neither the Custodian nor the Trust shall party will be liable responsible for any failure or delay in its performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances (except for the payment obligations) due to causes beyond its reasonable control, including, without limitation but not limited to, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes ; acts , strikes, lockouts, shortages of civil or military authority; governmental actions; or inability to obtain labor, material energy, equipment raw materials or transportation; provided supplies, however internet failure, communication line failure and power failures, war, acts of terror, riot, acts of God or governmental action (including the passage of laws or regulations or other acts of government that in impact the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer delivery of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay Products).

Appears in 3 contracts

Samples: Software License Agreement, Software License Agreement, End User License Agreement

Force Majeure. Neither Except for payment obligations (including License Fees, maintenance and support fees, and Applicable Taxes) or any obligations relating to the Custodian nor protection of or restrictions applicable to the Trust other party's confidential information or intellectual property, neither party shall be liable for to the other or be in breach of this EULA due to any failure or delay in performance of its obligations under this Agreement arising out to the extent the failure or delay arises (and only for the duration that the affected party is precluded from performing) as a result of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God ; earthquakes; fires; floods; , fire, disaster, explosion, vandalism, storm, adverse weather conditions, strikes, labor disputes or disruptions, epidemics, wars ; , national emergencies, riots, civil disturbances, shortages of materials, actions or military disturbances; acts inactions of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and government authorities, terrorist acts, lockout, work stoppages or other labor difficulties, border delays, failures or interruptions of utilities or telecommunications equipment or services, system failures or any such circumstances other cause that is beyond its the reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay party.

Appears in 3 contracts

Samples: End User License Agreement, Text End User License Agreement, Open Text

Force Majeure. Neither the Custodian nor the Trust Company shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund Funds in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Global Custody Agreement (Prospector Funds, Inc.), Global Custody Agreement (Prospector Funds, Inc.), Custody Agreement (Wisconsin Capital Funds Inc)

Force Majeure. Neither the Custodian nor the Trust party shall be liable held responsible for any delay or failure or delay in performance hereunder caused in whole or in part by fires, strikes, floods, embargoes, labor disputes, delays or failures of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation subcontractors, acts of God; earthquakes; fires; floods; wars; civil sabotage, riots, accidents, delays of carriers or military disturbances; suppliers, voluntary or mandatory compliance with any governmental act, regulation or request, acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any God or by public enemy, acts or omissions of other causes beyond such circumstances beyond its reasonable party's control as may cause interruption, loss or malfunction without the fault or negligence of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation such party; provided, however, that in the non-performing party uses reasonable efforts to avoid or remove such causes of nonperformance and continues performance hereunder with reasonable dispatch when such causes are removed. In the event of a failure or delay force majeure situation, Seller may allocate its available Products among its distributors and customers in the Custodian (i) shall not discriminate against the Fund manner it, in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement its sole discretion, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay. deems appropriate

Appears in 3 contracts

Samples: Distribution and Marketing Agreement (Evergreen Solar Inc), Distribution and Marketing Agreement (Evergreen Solar Inc), Distribution and Marketing Agreement (Evergreen Solar Inc)

Force Majeure. Neither the Custodian Custodian, the Company nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the a Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 3 contracts

Samples: Custody Agreement (Kinetics Portfolios Trust), Custody Agreement (Kinetics Mutual Funds Inc), Custody Agreement (Kinetics Mutual Funds Inc)

Force Majeure. Neither Any failure to perform or delay in the Custodian nor the Trust shall performance of any duties or obligations of Bizprac set forth in this Agreement (including any downtime) will not be liable for any considered a breach of this Agreement if such failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, is caused by circumstances beyond its Bizprac's reasonable control, including, including without limitation, acts of God ; earthquakes; fires; floods; wars; civil or military disturbances; , acts of terrorism; sabotage; strikes; epidemics; riots; power failures; government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, telecommunications or network failures or delays, computer failure and any such circumstances beyond its failures involving hardware or software not within Bizprac 's possession or reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; and acts of civil vandalism (including network intrusions and denial of service attacks) ("Force Majeure Events"). Bizprac will exercise reasonable care and diligence to avoid and/or mitigate in anticipation of or military authority; governmental actions; or inability in response to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay Force Majeure Events.

Appears in 2 contracts

Samples: Support Agreement, Support Agreement

Force Majeure. Neither the Custodian nor the Trust Funds shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Custody Agreement (Rochdale Core Alternative Strategies Fund LLC), Custody Agreement (At Fund of Funds TEI)

Force Majeure. Neither the Custodian nor the Trust party shall be liable for any delay or failure or delay in performance of to perform its obligations under this Agreement arising out hereunder due to strikes, labor disputes, riots, storms, floods, explosions, accidents, acts of God, acts of orders of government, war, terrorism, the failure of vendors or caused other sponsors to performer, directly the loss, destruction, breakdown, seizure or indirectly confiscations of vehicles or equipment, by circumstances media event cancellations or any other cause or causes which are beyond its reasonable control , including, without limitation, acts . Sponsor understands and acknowledges the charitable nature of God; earthquakes; fires; floods; wars; civil the Show and shall not be entitled to any reimbursement or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that restitution in the event of a failure that EAS fail to commence or delay, complete the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay. Show

Appears in 2 contracts

Samples: Sponsorship Agreement, Club Sponsorship Agreement

Force Majeure. Neither the Custodian nor the Trust FOS shall be liable have no liability to You for any failure or delay in performance of its obligations under this Agreement damages whatsoever arising out of or caused as a result of the failure by FOS to provide the Software, directly Services and/or any support as a direct or indirectly, by circumstances indirect result of any use or circumstance beyond its the reasonable control, control of FOS (including, without limitation, acts of God ; earthquakes; fires; floods; wars; civil or military disturbances; , acts of terrorism; sabotage; public enemy, war, accidents, fires, electrical or equipment failures, strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption , loss postal delays, labor difficulties, contractor difficulties, problems with telecommunications providers, Internet disruption, explosions or malfunction of utility, transportation, computer (hardware governmental orders or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay regulations).

Appears in 2 contracts

Samples: agenda.slocounty.ca.gov, agenda.slocounty.ca.gov

Force Majeure. Neither the Custodian nor the Trust shall party will be liable responsible for any failure or delay in its performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances (except for the payment obligations and obligations under Section 8 (Confidentiality)) due to causes beyond its reasonable control, including, without limitation but not limited to, labor disputes, strikes, lockouts, riots, war, acts of terror, shortage or inability to obtain labor or materials, internet failure, communication line failure or power failures, acts of God ; earthquakes; fires; floods; wars; civil , earthquake, fire or military disturbances; other action of the elements, accidents, quarantines, epidemics or pandemics, or governmental action (including the passage of laws or regulations or other acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, government that in impact the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer delivery of the Custodian in making computer time and personnel available Cloud Services). Neither party will be liable for any losses, injury, delay or damages suffered or incurred by the other party due to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay above causes.

Appears in 2 contracts

Samples: Proof of Concept, Proof of Concept

Force Majeure. Neither the Custodian Forum nor the Trust shall be responsible or liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, control including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority ; governmental actions; , national emergencies, labor difficulties, fire, mechanical breakdowns, flood or inability to obtain labor catastrophe, material acts of God, equipment insurrection, war, riots or transportation failure of the mails or any transportation medium, communication system or power supply; provided, however, that in each specific case such circumstance shall be beyond the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer reasonable control of the Custodian in making computer time and personnel available party seeking to input or process the transactions contemplated by apply this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay Force Majeure clause.

Appears in 2 contracts

Samples: Agency and Services Agreement (Um Investment Trust), Accounting Agreement (Um Investment Trust)

Force Majeure. Neither the Custodian nor the Trust Fund shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure failures and any such similar circumstances beyond its reasonable control as may cause a business interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions ; or inability to obtain labor , material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian Custodian: (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement , ; and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay . The Custodian shall as promptly as possible under the circumstances notify the Fund in the event of any service interruption that materially impacts the Custodians services under this Agreement. The Custodian will make every reasonable effort to restore any lost or damaged data and correct any errors resulting from such a breakdown at the expense of the Custodian as soon as practicable.

Appears in 2 contracts

Samples: Custody Agreement (AIP Alternative Lending Fund A), Custody Agreement (AIP Alternative Lending Fund P)

Force Majeure. Neither the Custodian USBFS nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian USBFS: (i) shall not discriminate against the Fund in favor of any other customer of the Custodian USBFS in making computer time and personnel available to input or process the transactions contemplated by this Agreement , ; and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Fund Administration Servicing Agreement (Stone Ridge Trust), Fund Administration Servicing Agreement (Stone Ridge Trust)

Force Majeure. Neither the Custodian nor any of the Trust Companies shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances ; acts of terrorism ; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund Company in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Custody Agreement (Jundt Funds Inc), Custody Agreement (American Eagle Funds Inc)

Force Majeure. Neither the Custodian nor the Trust shall BNY Mellon will not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or to the extent caused, directly or indirectly, by circumstances beyond its reasonable control natural disasters, including, without limitation fire, acts of God ; earthquakes; fires; floods; wars; , strikes or other labor disputes, work stoppages, acts of war or terrorism, general civil unrest, actual or threatened epidemics, disease, act of any government, governmental authority or police or military disturbances; acts authority, declared or threatened state of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause emergency, legal constraint, the interruption, loss or malfunction of utility, utilities or transportation, communications or computer (hardware systems, or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall similar events beyond its reasonable control. BNY Mellon will use its best commercially reasonable efforts to ameliorate minimize the effects effect of any such failure or delay events.

Appears in 2 contracts

Samples: Custody Agreement (DGI Investment Trust), Custody Agreement (DGI Investment Trust)

Force Majeure. Neither the Custodian nor the Trust party shall be liable for any failure or delay in performance of its obligations under this Agreement arising if such failure arises out of or caused, directly or indirectly, by circumstances causes beyond its reasonable control . Such causes may include, including, without limitation but are not limited to, acts of God; earthquakes; fires; floods; wars; civil God or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption the public enemy, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority ; governmental actions; , fire, flood, labour dispute (but excluding strikes, lock-outs and labour disputes involving the employees of the party intending to rely on this clause or inability to obtain labor its sub-contractors), material unavailability or restriction of computer or data processing facilities or of energy supplies, equipment or transportation; provided communications systems failure, however, that in the event failure of a failure common depository, clearing system or delay settlement system, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input riot or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay war.

Appears in 2 contracts

Samples: Membership Agreement, Clearing Membership Agreement

Force Majeure. Neither the Custodian nor the Trust Fund shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer ( hardware, assuming such hardware was reasonably maintained or third party software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian Custodian: (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement , ; and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Custody Agreement (XAI Octagon Floating Rate & Alternative Income Term Trust), Custody Agreement (XAI Octagon Floating Rate & Alternative Income Term Trust)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian Custodian: (i) shall not discriminate against the a Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement , ; and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Custody Agreement (Stone Ridge Trust), Custody Agreement (Stone Ridge Trust)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement Custodian, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Custody Agreement (Aegis Funds), Amended And (Aegis Funds)

Force Majeure. Neither the Custodian nor the Trust Company shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that the Custodian in the event of a failure or delay, the Custodian delay (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, Agreement and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Custody Agreement (Weldon Capital Funds Inc), Custody Agreement (Weldon Capital Funds Inc)

Force Majeure. Neither Notwithstanding anything to the Custodian nor contrary contained herein, the Trust Rights Agent shall not be liable for any failure delays or delay failures in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, resulting from acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; including acts of God, provision of any present or future law or regulation or governmental authority, terrorist acts, epidemics, pandemics, shortage of supply, breakdowns or malfunctions, interruptions or malfunctions of any utilities, communications or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, riot, rebellion, insurrection, fire earthquake, storm, flood, or civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that unrest. The Rights Agent shall provide the Company prompt notice as soon as practicable in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of that any such delay or failure or delay in performance occurs and keep the Company apprised of developments and mitigation effort with respect thereto.

Appears in 2 contracts

Samples: Rights Agreement (Rayonier Advanced Materials Inc.), Rights Agreement (Navient Corp)

Force Majeure. Neither the Custodian nor the Trust shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions 18 contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay.

Appears in 2 contracts

Samples: Custody Agreement (Collaborative Investment Series Trust), Custody Agreement (Second Nature Series Trust)

Force Majeure. Neither the Custodian nor the Trust shall party will be liable to the other party for any failure to perform or delay in performance of performing its obligations under this Agreement arising out of caused (in whole or caused, directly or indirectly, in part) by circumstances events that are beyond its reasonable control, including including acts of terrorism, without limitation labour disputes, transport delays, data-communication delays, inability to obtain products or supplies, fires, explosions, contamination, civil disobedience, mechanical breakdown, weather, acts of God ; earthquakes; fires; floods; wars; civil , government action or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation regulation, computer (hardware software error or software) any substantially similar event. In those circumstances the affected party may delay or telephone communication service; accidents; labor disputes; acts suspend the performance of civil its obligations until without any liability to the other party. The affected party must take all reasonable steps to overcome or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in minimise the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer effect of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay event.

Appears in 2 contracts

Samples: Agreement, Agreement

Force Majeure. Neither the Custodian Forum nor the Trust shall be responsible to the other or liable for any failure or delay in performance of its their respective obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its their reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority ; governmental actions; , national emergencies, labor difficulties, fire, mechanical breakdowns, flood or inability to obtain labor catastrophe, material acts of God, equipment insurrection, war, riots or transportation failure of the mails or any transportation medium, communication system or power supply; provided, however, that Forum shall have in the event of a place and maintain back-up and recovery systems in accordance with good industry practice for mechanical breakdowns (including but not limited to software or computer failure) or failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input communication system or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay power supply.

Appears in 2 contracts

Samples: Agency and Services Agreement (Century Capital Managment Trust), Agency and Services Agreement (Century Capital Managment Trust)

Force Majeure. Neither the Custodian nor the Trust Depositary Agent shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control control to the extent and for the period such circumstances continue to exist, including, without limitation, any acts of God; earthquakes; fires fire; floods flood; wars terrorism; civil or wars and other military disturbances; acts of terrorism; sabotage ; strikes ; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction malfunctions of utility, transportation, computer (hardware or software) or telephone communication service utilities; major accidents; labor disputes; acts of civil or military authority; authority and governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement, and (ii) shall use its best efforts to ameliorate the effects of any such failure or delay action.

Appears in 2 contracts

Samples: Security Agreement (Fulcrum Bioenergy Inc), Security Agreement (Fulcrum Bioenergy Inc)

Force Majeure. Neither the Custodian nor the Trust shall Party will be liable for any failure or delay delays in the performance of any of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances hereunder due to causes beyond its reasonable control, including including earthquake, without limitation fire, strike, war, riots, acts of any civil or military authority, acts of God ; earthquakes; fires; floods; wars; civil , judicial action, unavailability or military disturbances; acts shortages of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material materials or equipment, equipment terrorism or transportation; provided threat thereof, however outbreak of disease or other public health hazard, that in the event of a failure or delay, delay in delivery by suppliers or delays in transportation. In such event the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available Party unable to input or process the transactions contemplated by this Agreement, and (ii) shall meet its obligations will use its all best efforts to ameliorate remedy its delayed performance and will promptly notify the effects other Party in writing of any such failure or delay the circumstances affecting its timely performance.

Appears in 2 contracts

Samples: Event Sponsorship Agreement (Allied Esports Entertainment, Inc.), Event Sponsorship Agreement (Allied Esports Entertainment, Inc.)

Force Majeure. Neither the Custodian nor the Trust Narrative1 shall be liable for excused from any failure or delay in the provision of the Website Service or the performance of its obligations under responsibilities otherwise imposed by this Agreement arising out of or caused, directly or indirectly, by circumstances for any cause beyond its reasonable control , including . Such causes include, without limitation, fires, floods, storms, earthquakes, civil disturbances, acts or omissions of God; earthquakes; fires; floods; wars; civil Customer or military disturbances; acts third parties, disruption of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility telecommunications, transportation, utilities or necessary supplies, governmental action, computer (hardware viruses and incompatible or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, the Custodian (i) shall not discriminate against the Fund in favor of any other customer of the Custodian in making computer time and personnel available to input or process the transactions contemplated by this Agreement defective equipment, and (ii) shall use its best efforts to ameliorate the effects impact of any such failure software or delay services not supplied by Narrative1.

Appears in 2 contracts

Samples: Terms of Use, Terms of Use