For clarification. Notwithstanding the written amendment referred to in this Section 1(d), BNYMTI will not be liable for any failure to develop a service or for any delay in developing a service under this Section 1(d), whether or not it includes work performed by the Technology Personnel, if despite BNYMTI’s commercially reasonable efforts the service later becomes technically infeasible or BNYMTI does not possess the resources required for the development, and implementation or provision of such service and such resources cease or fail to be reasonably available in the regular commercial marketplace at reasonable prices.
Appears in 11 contracts
Sources: Transfer Agency Agreement (Bny Mellon California Amt-Free Municipal Bond Fund, Inc.), Transfer Agency Agreement (BNY Mellon Opportunistic Municipal Securities Fund), Transfer Agency Agreement (Dreyfus Government Cash Management Funds)