Common use of Duties and Responsibilities of the Trust Clause in Contracts

Duties and Responsibilities of the Trust. The Fund or the End User, respectively, assume exclusive responsibility for the consequences of any instructions it may give to USBGFS, its own failure to properly access the Electronic Services in the manner prescribed by USBGFS, and its failure to supply accurate information to USBGFS. The Trust or a Fund, as applicable, shall: A. Revise and update the applicable Prospectus(es) and other pertinent materials including, without limitation, the fund’s website(s), and obtain all necessary consents and agreements with respect to the Electronic Services (such as user agreements with End Users), to include the appropriate consents, notices and disclosures for Electronic Services, including disclaimers and information reasonably requested by USBGFS. B. Be responsible for designing, developing and maintaining one or more web sites for the Funds through which End Users may access the Electronic Services, including provision of software necessary for access to the Internet, which must be acquired from a third party vendor. Such web sites shall have the functionality necessary to facilitate, implement and maintain the hypertext links to the Electronic Services and the various inquiry and transaction web pages. The Funds shall provide USBGFS with the name of the host of the Funds’ web site server and shall notify USBGFS of any change to the Funds’ web site server host. C. Provide USBGFS with such information and/or access to the Funds’ web site(s) as is necessary for USBGFS to provide the Electronic Services to End Users. D. Promptly notify USBGFS of any problems or errors with the applicable Electronic Services of which the Trust becomes aware or any changes in policies or procedures of the Fund requiring changes to the Electronic Services.

Appears in 4 contracts

Sources: Fund Servicing Agreement (Thrive Series Trust), Fund Servicing Agreement (Thrive Series Trust), Fund Servicing Agreement (Tortoise Capital Series Trust)