Common use of Performance Goals Clause in Contracts

Performance Goals. The Fund Accounting Agent and the Funds may from time to time agree to document the manner in which they expect to deliver and receive the services contemplated by this Agreement. The parties agree that such document (s) (hereinafter referred to as “Service Level Document(s)”) reflect performance goals and any failure to perform in accordance with the provisions thereof shall not in and of itself be considered a breach of contract that gives rise to contractual or other remedies unless the parties mutually expressly agree otherwise. It is the intention of the parties that the first course of action for the initial failure to perform in accordance with the provisions of a Service Level Document, or any dispute relating to performance goals set forth in a Service Level Document, will be a meeting of the parties to resolve the failure pursuant to the consultation procedure described below and in accordance with the escalation process set forth in the Service Level Document. Nothing in this Section 4A shall modify any party’s applicable standard of care under this Agreement, and the holding of such meeting of the parties shall not be construed to prevent a party from pursuing any remedy otherwise available to it pursuant to this Agreement. If a party to this Agreement is unable to meet the provisions of a Service Level Document, or in the event that a dispute arises relating to performance goals set forth in a Service Level Document, any party to this Agreement shall first address any concerns it may have by requiring a consultation with the other party. The purpose of the consultation procedure is to endeavor to resolve a failure to meet the provisions of a Service Level Document. If a consultation occurs pursuant to this Section 4A, all parties must negotiate in good faith to endeavor to accomplish the following: (a) implement changes which will enable the Service Level Document provisions to be more regularly met; (b) agree to alternative Service Level Document provisions which meet the parties’ respective business requirements; or (c) otherwise find a solution such that, within 30 days after the consultation, the inability to meet the Service Level Document provisions is substantially less likely to occur in the future.

Performance Goals. The Fund Accounting Agent a. Each Trust and the Funds Administrator may from time to time agree to document on the manner and timing in which they expect the Administrator expects to deliver deliver, and receive the services Trust expects to receive, the Services contemplated by this Agreement. The parties Parties agree that such document (sagreement(s) (hereinafter referred to as “Service Level Document(s)”) will reflect performance goals and any Service delivery goals. Any failure to perform in accordance with the provisions thereof shall not in and of itself automatically be considered a breach of contract that gives rise to contractual or other remedies unless the parties mutually expressly agree otherwisethis Agreement. It is the intention of the parties that Parties that, in the first course event of action for the initial a failure to perform in accordance with the provisions of a Service Level Document, Document or any dispute relating to performance goals set forth in a Service Level Document, the Parties will be a meeting of the parties seek to resolve the failure pursuant to the consultation procedure described below in Sections 6.b. and in accordance with the escalation process set forth in the Service Level Document6.c. Nothing in this Section 4A shall modify any party’s applicable standard of care under this Agreement, and the holding of such meeting of the parties shall not be construed to prevent a party from pursuing any remedy otherwise available to it pursuant to this Agreement. below. b. If a party to this Agreement Party hereto is materially unable to meet the provisions of a Service Level Document, or in the event that a dispute arises relating to performance goals set forth in a Service Level Document, any party either Party to this Agreement shall first attempt to address any concerns it may have by requiring a consultation with the other party. Party. c. The purpose of the consultation procedure is to endeavor to resolve a material failure to meet the provisions of a Service Level Document or a dispute relating to performance goals set forth in a Service Level Document. If a consultation occurs pursuant to under this Section 4A6, all parties the Parties must negotiate in good faith to endeavor to accomplish the followingto: (a1) implement agree to changes which to the Service Level Document provisions that will enable the Service Level Document provisions to be more regularly met; (b) agree to alternative Service Level Document provisions met and which meet the partiesParties’ respective business requirements; or (c2) otherwise find a solution such that, within 30 days after the consultation, the Administrator’s or a Trust’s inability to meet the Service Level Document provisions is substantially may be less likely to occur in the future. If the Parties are unable to resolve the material failure to meet the provisions of a Service Level Document or a dispute relating to performance goals set forth in a Service Level Document within 30 days, the Parties may pursue any and all other available remedies.

Performance Goals. The Fund Accounting Agent a. Each Trust and the Funds Administrator may from time to time agree to document on the manner and timing in which they expect the Administrator expects to deliver deliver, and receive the services Trust expects to receive, the Services contemplated by this Agreement. The parties Parties agree that such document (sagreement(s) (hereinafter referred to as “Service Level Document(s)”) will reflect performance goals and any Service delivery goals. Any failure to perform in accordance with the provisions thereof shall not in and of itself automatically be considered a breach of contract that gives rise to contractual or other remedies unless the parties mutually expressly agree otherwisethis Agreement. It is the intention of the parties that Parties that, in the first course event of action for the initial a failure to perform in accordance with the provisions of a Service Level Document, Document or any dispute relating to performance goals set forth in a Service Level Document, the Parties will be a meeting of the parties seek to resolve the failure pursuant to the consultation procedure described below in Sections 6.b. and in accordance with the escalation process set forth in the Service Level Document6.c. Nothing in this Section 4A shall modify any party’s applicable standard of care under this Agreement, and the holding of such meeting of the parties shall not be construed to prevent a party from pursuing any remedy otherwise available to it pursuant to this Agreement. below. b. If a party to this Agreement Party hereto is materially unable to meet the provisions of a Service Level Document, or in the event that a dispute arises relating to performance goals set forth in a Service Level Document, any party either Party to this Agreement shall first attempt to address any concerns it may have by requiring a consultation with the other partyParty. Information Classification: Limited Access c. The purpose of the consultation procedure is to endeavor to resolve a material failure to meet the provisions of a Service Level Document or a dispute relating to performance goals set forth in a Service Level Document. If a consultation occurs pursuant to under this Section 4A6, all parties the Parties must negotiate in good faith to endeavor to accomplish the followingto: (a1) implement agree to changes which to the Service Level Document provisions that will enable the Service Level Document provisions to be more regularly met; (b) agree to alternative Service Level Document provisions met and which meet the partiesParties’ respective business requirements; or (c2) otherwise find a solution such that, within 30 days after the consultation, the Administrator’s or a Trust’s inability to meet the Service Level Document provisions is substantially may be less likely to occur in the future. If the Parties are unable to resolve the material failure to meet the provisions of a Service Level Document or a dispute relating to performance goals set forth in a Service Level Document within 30 days, the Parties may pursue any and all other available remedies.

Performance Goals. The Fund Accounting Agent Custodian and the Funds may from time to time agree to document the manner in which they expect to deliver and receive the services contemplated by this Agreement. The parties agree that such document (s) (hereinafter referred to as “Service Level Document(s)”) reflect performance goals and any failure to perform in accordance with the provisions thereof shall not in and of itself be considered a breach of contract that gives rise to contractual or other remedies unless the parties mutually expressly agree otherwiseremedies. It is the intention of the parties that the first course of action sole remedy for the initial failure to perform in accordance with the provisions of a Service Level Document, or any dispute relating to performance goals set forth in a Service Level Document, will be a meeting of the parties to resolve the failure pursuant to the consultation procedure described below and in accordance with the escalation process set forth in the Service Level Document. Nothing in this Section 4A 14A shall modify any party’s applicable standard of care under this Agreement, and the holding of such meeting of the parties shall not be construed to prevent a party from pursuing any remedy otherwise available to it pursuant to this Agreement. If a party to this Agreement is consistently unable to meet the provisions of a Service Level Document, or in the event that a dispute arises relating to performance goals set forth in a Service Level Document, any party to this Agreement shall first address any concerns it may have by requiring a consultation with the other party. The purpose of the consultation procedure is to endeavor to resolve a consistent failure to meet the provisions of a Service Level Document. If a consultation occurs pursuant to this Section 4A14A, all parties must negotiate in good faith to endeavor to accomplish the followingto: (a) implement changes which will enable the Service Level Document provisions to be more regularly met; (b) agree to alternative Service Level Document provisions which meet the parties’ respective business requirements; or (c) otherwise find a solution such that, that within 30 days after the consultation, the inability to meet the Service Level Document provisions is substantially may be less likely to occur in the future.

Performance Goals. The Fund Accounting Agent Custodian and the Funds Fund may from time to time agree to document the manner in which they expect to deliver and receive the services contemplated by this Agreement. The parties agree that such document (s) (hereinafter referred to as “Service Level Document(s)”) reflect performance goals and any failure to perform in accordance with the provisions thereof shall not in and of itself be considered a breach of contract that gives rise to contractual or other remedies unless the parties mutually expressly agree otherwiseremedies. It is the intention of the parties that the first course of action sole remedy for the initial failure to perform in accordance with the provisions of a Service Level Document, or any dispute relating to performance goals set forth in a Service Level Document, will be a meeting of the parties to resolve the failure pursuant to the consultation procedure described below and in accordance with the escalation process set forth in the Service Level Document. Nothing in this Section 4A shall modify Notwithstanding the foregoing, the parties hereby acknowledge that any party's failure (or lack thereof) to meet the provisions of the Service Level Document(s), while not in and of itself a breach of contract giving rise to contractual or other remedies, may factor into the Fund’s applicable reasonably determined belief regarding the standard of care under this Agreement, and the holding of such meeting of the parties shall not be construed to prevent a party from pursuing any remedy otherwise available to it pursuant to this Agreementexercised by Custodian hereunder. If a party to this Agreement is consistently unable to meet the provisions of a Service Level Document, or in the event that a dispute arises relating to performance goals set forth in a Service Level Document, any party to this Agreement shall first address any concerns it may have by requiring a consultation with the other party. The purpose of the consultation procedure is to endeavor to resolve a consistent failure to meet the provisions of a Service Level Document. If a consultation occurs pursuant to this Section 4A8, all parties must negotiate in good faith to endeavor to accomplish the followingto: (a) implement changes which will enable the Service Level Document provisions to be more regularly met; (b) agree to alternative Service Level Document provisions which meet the parties’ respective business requirements; or (c) otherwise find a solution such that, that within 30 days after the consultation, the inability to meet the Service Level Document provisions is substantially may be less likely to occur in the future.

Performance Goals. The Fund Accounting Agent Administrator and the Funds Trust may from time to time agree to document the manner in which they expect to deliver and receive the services contemplated by this Agreement. The parties agree that such document (s) (hereinafter referred to as “Service Level Document(s)”) reflect performance goals and any failure to perform in accordance with the provisions thereof shall not in and of itself be considered a breach of contract that gives rise to contractual or other remedies unless the parties mutually expressly agree otherwiseremedies. It is the intention of the parties that the first course of action sole remedy for the initial failure to perform in accordance with the provisions of a Service Level Document, or any dispute relating to performance goals set forth in a Service Level Document, will be a meeting of the parties to resolve the failure pursuant to the consultation procedure described below and in accordance with the escalation process set forth in the Service Level Document. Nothing in this Section 4A shall modify Notwithstanding the foregoing, the parties hereby acknowledge that any party’s applicable failure (or lack thereof) to meet the provisions of the Service Level Document(s), while not in and of itself a breach of contract giving rise to contractual or other remedies, may factor into the Trust’s reasonably determined belief regarding the standard of care under this Agreement, and the holding of such meeting of the parties shall not be construed to prevent a party from pursuing any remedy otherwise available to it pursuant to this Agreementexercised by Administrator hereunder. If a party to this Agreement is consistently unable to meet the provisions of a Service Level Document, or in the event that a dispute arises relating to performance goals set forth in a Service Level Document, any party to this Agreement shall first address any concerns it may have by requiring a consultation with the other party. The purpose of the consultation procedure is to endeavor to resolve a consistent failure to meet the provisions of a Service Level Document. If a consultation occurs pursuant to this Section 4A6, all parties must negotiate in good faith to endeavor to accomplish the followingto: (a) implement changes which will enable the Service Level Document provisions to be more regularly met; (b) agree to alternative Service Level Document provisions which meet the parties’ respective business requirements; or (c) otherwise find a solution such that, that within 30 days after the consultation, the inability to meet the Service Level Document provisions is substantially may be less likely to occur in the future.

Performance Goals. The Fund Accounting Agent Administrator and the Funds Sub-Administrator may from time to time agree to document the manner in which they expect to deliver and receive the services contemplated by this Agreement. The parties agree that such document (sdocument(s) (hereinafter referred to as “"Service Level Document(s)”") reflect performance goals and any failure to perform in accordance with the provisions thereof shall not in and of itself be considered a breach of contract that gives rise to contractual or other remedies unless the parties mutually expressly agree otherwiseremedies, except as otherwise provided in this Section 16 and in Section 12.C(g) above. It is the intention of the parties that the first course of action sole remedy for the initial failure to perform in accordance with the provisions of a Service Level Document, or any dispute relating to performance goals set forth in a Service Level Document, will be a meeting of the parties to resolve the failure pursuant to the consultation procedure described below and in accordance with the escalation process set forth in the Service Level Documentbelow. Nothing in this Section 4A 16 shall modify any a party’s 's applicable standard of care under this Agreement, and the holding of such meeting of the parties shall not be construed to prevent a party from pursuing any remedy otherwise available to it pursuant to this Agreement. If a party to this Agreement is consistently unable to meet the provisions of a Service Level Document, or in the event that a dispute arises relating to performance goals set forth in a Service Level Document, any either party to this Agreement shall first address any concerns it may have by requiring a consultation with the other party. The purpose of the consultation procedure is to endeavor to resolve a consistent failure to meet the provisions of a Service Level Document. If a consultation occurs pursuant to this Section 4A16, all the parties must negotiate in good faith to endeavor to accomplish the followingto: (a) implement changes which will enable the Service Level Document provisions to be more regularly met; (b) agree to alternative Service Level Document provisions which meet the parties’ party's respective business requirements; or (c) otherwise find a solution such that, that within 30 days after the consultation, the inability to meet the Service Level Document provisions is substantially may be less likely to occur in the future.

Performance Goals. The Fund Accounting Agent Administrator and the Funds Sub-Administrator may from time to time agree to document on the manner and timing in which they expect the Sub-Administrator expects to deliver deliver, and receive the Administrator expects to receive, the services contemplated by listed on Schedule B to this Agreement. The parties agree that such document (sagreement(s) (hereinafter referred to as “Service Level Document(s)”) will reflect performance goals and any Service delivery goals. Any failure to perform in accordance with the provisions thereof shall not in and of itself automatically be considered a breach of contract that gives rise to contractual or other remedies unless the parties mutually expressly agree otherwisethis Agreement. It is the intention of the parties that that, in the first course event of action for the initial a failure to perform in accordance with the provisions of a Service Level Document, Document or any dispute relating to performance goals set forth in a Service Level Document, will be a meeting of the parties will seek to resolve the failure pursuant to the consultation procedure described below in Sections 6.a. and in accordance with the escalation process set forth in the Service Level Document6.b. Nothing in this Section 4A shall modify any party’s applicable standard of care under this Agreement, and the holding of such meeting of the parties shall not be construed to prevent a party from pursuing any remedy otherwise available to it pursuant to this Agreement. below. (a) If a party to this Agreement hereto is materially unable to meet the provisions of a Service Level Document, or in the event that a dispute arises relating to performance goals set forth in a Service Level Document, any either party to this Agreement shall first attempt to address any concerns it may have by requiring a consultation with the other party. . (b) The purpose of the consultation procedure is to endeavor to resolve a material failure to meet the provisions of a Service Level Document or a dispute relating to performance goals set forth in a Service Level Document. If a consultation occurs pursuant to under this Section 4A6, all the parties must negotiate in good faith to endeavor to accomplish the followingto: (a1) implement agree to changes which to the Service Level Document provisions that will enable the Service Level Document provisions to be more regularly met; (b) agree to alternative Service Level Document provisions met and which meet the parties’ respective business requirements; or (c2) otherwise find a solution such that, within 30 days after the consultation, the Sub-Administrator’s or an Administrator’s inability to meet the Service Level Document provisions is substantially may be less likely to occur in the future. If the parties are unable to resolve the material failure to meet the provisions of a Service Level Document or a dispute relating to performance goals set forth in a Service Level Document within 30 days, the parties may pursue any and all other available remedies.