Limitations of ▇.▇. ▇▇▇▇▇▇’▇ Liability. (a) Except to the extent (i) any Liabilities result from ▇.▇. ▇▇▇▇▇▇’▇ failure to meet the ▇.▇. ▇▇▇▇▇▇ Standard of Care, or (ii) ▇.▇. ▇▇▇▇▇▇ fails to review and validate such information pursuant to its obligations set forth in this Agreement, ▇.▇. ▇▇▇▇▇▇ may rely on information provided to it by or on behalf of the Customer, or which was prepared or maintained by the Customer or any third party on behalf of the Customer, in the course of discharging its duties under this Agreement. (b) Except to the extent (i) any Liabilities result from ▇.▇. ▇▇▇▇▇▇’▇ failure to meet the ▇.▇. ▇▇▇▇▇▇ Standard of Care or (ii) ▇.▇. ▇▇▇▇▇▇ fails to review and validate such information pursuant to its obligations set forth in this Agreement, ▇.▇. ▇▇▇▇▇▇ shall not be liable to any person for any Liabilities suffered by any person as a result of ▇.▇. ▇▇▇▇▇▇: (A) having relied upon the authority, accuracy, truth or completeness of information including, without limitation, information supplied to ▇.▇. ▇▇▇▇▇▇ by the Customer or any third party that is not a Subcontractor of ▇.▇. ▇▇▇▇▇▇, including but not limited to, information in relation to transactions in respect of the Customer or expenses of the Customer; or (B) having relied upon the authority, accuracy, truth and completeness of information furnished to ▇.▇. ▇▇▇▇▇▇ by any pricing services, data services, or provider of other market information or information concerning securities held by the Customer. (c) Except to the extent ▇.▇. ▇▇▇▇▇▇ fails to meet the ▇.▇. ▇▇▇▇▇▇ Standard of Care, ▇.▇. ▇▇▇▇▇▇ shall not be liable for any error in data that is transitioned to ▇.▇. ▇▇▇▇▇▇ at the time it begins to provide the Services with respect to the Customer, provided that ▇.▇. ▇▇▇▇▇▇: (i) shall be responsible following the Service Commencement Date for applying in accordance with the ▇.▇. ▇▇▇▇▇▇ Standard of Care the ongoing reconciliation processes associated with the provision of the fund accounting Services; (ii) shall use reasonable efforts to mitigate any Liabilities arising as a result of any such error of which it is aware; and (iii) shall notify the Customer as soon as practicable after becoming aware of the error. Any material remediation required due to any such error in data transitioned to ▇.▇. ▇▇▇▇▇▇ shall be addressed through the Change Control Process. (d) ▇.▇. ▇▇▇▇▇▇ shall not be liable for any Liabilities resulting from a failure by the Customer, any person acting on behalf of the Customer, or any Authorized Data Source to provide ▇.▇. ▇▇▇▇▇▇ with any information or notice that is reasonably necessary for the provision of the Services save for Liabilities which result directly from ▇.▇. ▇▇▇▇▇▇’▇ breach of the ▇.▇. ▇▇▇▇▇▇ Standard of Care. ▇.▇. ▇▇▇▇▇▇ shall use reasonable efforts to find alternative sources of information in the event of any such failure. In the event of any such failure that may affect the performance of the Services, ▇.▇. ▇▇▇▇▇▇ shall promptly notify the Customer. (e) Except to the extent any Liabilities result from ▇.▇. ▇▇▇▇▇▇’▇ failure to meet the ▇.▇. ▇▇▇▇▇▇ Standard of Care with respect to its obligations under this Agreement, ▇.▇. ▇▇▇▇▇▇ shall not be liable for any Liabilities whatsoever incurred or suffered by the Customer as a result of the failure of the Customer, or its agents, officers or employees to comply with Applicable Law applicable to the Customer. (f) ▇.▇. ▇▇▇▇▇▇’▇ responsibilities with respect to the correction of an error in calculating the net asset value of any Fund shall be subject to the Customer’s NAV correction policy as provided to ▇.▇. ▇▇▇▇▇▇. (g) The Customer agrees that the accounting reports provided by ▇.▇. ▇▇▇▇▇▇, as well as any share class or other similar reports, are to enable the Customer to fulfill its statutory reporting and investor subscription/redemption obligations, and are not for investment or hedging purposes. Accordingly, notwithstanding any other provision in this Agreement, the Customer agrees that ▇.▇. ▇▇▇▇▇▇ shall have no liability whatsoever for any Liabilities incurred by the Customer as result of use of the accounting reports for investment or hedging purposes, including, but not limited to, for the purpose of currency overlay transactions.
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