Change Procedures. (a) If either party wishes to propose any amendment or modification to, or variation of, the Services (including the scope or details of the Services) (a “Change”) then it shall notify the other party of that fact by sending a request (a “Change Request”) to the party, specifying in as much detail as is reasonably practicable the nature of the Change. A Change Request, and any related changes to the fees, also may be submitted to document a Change that was previously agreed to or performed by J.▇. ▇▇▇▇▇▇. ETF Agency Services Agreement – June 2020 (b) Promptly following the receipt of a Change Request, the parties shall agree whether to implement the Change Request, whether implementation of the Change Request should result in a modification of the fees contemplated by Section 6 of this Agreement, and the basis upon which J.▇. ▇▇▇▇▇▇ will be compensated for implementing the Change Request. (c) If a change to Applicable Law requires a Change, the parties shall follow the processes set forth in this Section to initiate a Change Request. If the change in Applicable Law results in a change to the Services, or an increase in J.▇. ▇▇▇▇▇▇’▇ costs or risk associated with provision of the services, J.▇. ▇▇▇▇▇▇ shall be entitled to make an appropriate increase in the fees. J.▇. ▇▇▇▇▇▇ shall bear its own costs with respect to implementing a Change Request based upon a change to Applicable Law, except that: i. J.▇. ▇▇▇▇▇▇ shall be entitled to charge the Trust for any changes to software that has been developed or customized exclusively for and at the request of the Trust; and ii. J.▇. ▇▇▇▇▇▇ shall be entitled to charge the Trust for any changes required as a result of the change in Applicable Law affecting the Trust in a materially different way then it affects J.▇. ▇▇▇▇▇▇’▇ other customers, or which the Trust wishes J.▇. ▇▇▇▇▇▇ to implement in a way different from what J.▇. ▇▇▇▇▇▇ reasonably intends to implement for its other customers.
Appears in 1 contract
Sources: Agency Services Agreement (Janus Detroit Street Trust)
Change Procedures. (a) If either party wishes to propose any amendment or modification to, or variation of, the Services (including the scope or details of the Services) (a “Change”) then it shall notify the other party of that fact by sending a request (a “Change Request”) to the party, specifying in as much detail as is reasonably practicable the nature of the Change. A Change Request, and any related changes to the fees, also may be submitted to document a Change that was previously agreed to or performed by J.▇.▇. ▇▇▇▇▇▇. ETF Agency Services Agreement – June 2020.
(b) Promptly following the receipt of a Change Request, the parties shall agree whether to implement the Change Request, whether implementation of the Change Request should result in a modification of the fees contemplated by Section 6 of this Agreement, and the basis upon which J.▇.▇. ▇▇▇▇▇▇ will be compensated for implementing the Change Request.
(c) If a change to Applicable Law requires a Change, the parties shall follow the processes set forth in this Section to initiate a Change Request. If the change in Applicable Law results in a change to the Services, or an increase in J.▇.▇. ▇▇▇▇▇▇’▇ costs or risk associated with provision of the servicesServices, J.▇.▇. ▇▇▇▇▇▇ shall be entitled to make an appropriate increase in the fees. J.▇.▇. ▇▇▇▇▇▇ shall bear its own costs with respect to implementing a Change Request based upon a change to Applicable Law, except that:
i. J.▇.▇. ▇▇▇▇▇▇ shall be entitled to charge the Trust for any changes to software that has been developed or customized exclusively for and at the request of the Trust; and
ii. J.▇. ▇▇▇▇▇▇ shall be entitled to charge the Trust for any changes required as a result of the change in Applicable Law affecting the Trust in a materially different way then it affects J.▇. ▇▇▇▇▇▇’▇ other customers, or which the Trust wishes J.▇. ▇▇▇▇▇▇ to implement in a way different from what J.▇. ▇▇▇▇▇▇ reasonably intends to implement for its other customers.
Appears in 1 contract
Change Procedures. (a) If either party wishes to propose any amendment or modification to, or variation of, the Services (including the scope or details of the Services) (a “Change”) then it shall notify the other party of that fact by sending a request (a “Change Request”) to the party, specifying in as much detail as is reasonably practicable the nature of the Change. A Change Request, and any related changes to the fees, also may be submitted to document a Change that was previously agreed to or performed by J.▇.▇. ▇▇▇▇▇▇. ETF Agency Services Agreement – June 2020- August 2021
(b) Promptly following the receipt of a Change Request, the parties shall agree whether to implement the Change Request, whether implementation of the Change Request should result in a modification of the fees contemplated by Section 6 of this Agreement, and the basis upon which J.▇.▇. ▇▇▇▇▇▇ will be compensated for implementing the Change Request.
(c) If a change to Applicable Law requires a Change, the parties shall follow the processes set forth in this Section to initiate a Change Request. If the change in Applicable Law results in a change to the Services, or an increase in J.▇.▇. ▇▇▇▇▇▇’▇ costs or risk associated with provision of the servicesServices, J.▇.▇. ▇▇▇▇▇▇ shall be entitled to make an appropriate increase in the fees. J.▇.▇. ▇▇▇▇▇▇ shall bear its own costs with respect to implementing a Change Request based upon a change to Applicable Law, except that:
i. J.▇.▇. ▇▇▇▇▇▇ shall be entitled to charge the Trust for any changes to software that has been developed or customized exclusively for and at the request of the Trust; and
ii. J.▇. ▇▇▇▇▇▇ shall be entitled to charge the Trust for any changes required as a result of the change in Applicable Law affecting the Trust in a materially different way then it affects J.▇. ▇▇▇▇▇▇’▇ other customers, or which the Trust wishes J.▇. ▇▇▇▇▇▇ to implement in a way different from what J.▇. ▇▇▇▇▇▇ reasonably intends to implement for its other customers.
Appears in 1 contract
Sources: Agency Services Agreement (Morgan Stanley ETF Trust)