Responsibility of PFPC. PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. In the performance of its duties hereunder, PFPC shall be obligated to exercise care and diligence and to act in good faith and to use its best efforts within reasonable limits to insure the accuracy of all services performed under this Agreement. PFPC shall be responsible for its own negligent failure to perform its duties under this Agreement, but to the extent that duties, obligations and responsibilities are not expressly set forth in this Agreement, PFPC shall not be liable for any act or omission which does not constitute willful misfeasance, bad faith or gross negligence on the part of PFPC or reckless disregard of such duties, obligations and responsibilities. Without limiting the generality of the foregoing or of any other provision of this Agreement, PFPC in connection with its duties under this Agreement shall not be under any duty or obligation to inquire into and shall not be liable for or in respect of (a) the validity or invalidity or
Appears in 1 contract
Sources: Transfer Agency Agreement (Municipal Fund for New York Investors Inc)
Responsibility of PFPC. (a) PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC in writing. In the performance of its duties hereunder, PFPC shall be obligated to exercise care and diligence and in the performance of its duties hereunder, to act in good faith and to use its best efforts efforts, within reasonable limits to insure the accuracy of all limits, in performing services performed provided for under this Agreement. PFPC shall be responsible liable for its own negligent any damages arising out of PFPC's failure to perform its duties under this Agreement, but Agreement to the extent that duties, obligations and responsibilities are not expressly set forth in this Agreement, PFPC shall not be liable for any act or omission which does not constitute such damages arise out of PFPC's willful misfeasance, bad faith or faith, gross negligence on the part of PFPC or reckless disregard of such duties, obligations and responsibilities. .
(b) Without limiting the generality of the foregoing or of any other provision of this Agreement, (i) PFPC, shall not be liable for losses beyond its control, provided that PFPC has acted in connection accordance with its duties under this Agreement the standard of care set forth above; and (ii) PFPC shall not be under any duty or obligation to inquire into and shall not be liable for or in respect of (a) the validity or invalidity orand
Appears in 1 contract
Sources: Transfer Agency Services Agreement (Needham Funds Inc)
Responsibility of PFPC. PFPC shall be under no duty to take any action on behalf of the Fund except as specifically set forth herein or as may be specifically agreed to by PFPC PFPC, in writing. In the performance of its duties hereunder, PFPC shall be obligated to exercise care and diligence and in the performance of its duties hereunder, to act in good faith and to use its best efforts efforts, within reasonable limits to insure the accuracy of all limits, in performing services performed provided for under this Agreement. PFPC shall be responsible for its own negligent failure to perform its duties under this Agreement, but to . Notwithstanding the extent that duties, obligations and responsibilities are not expressly set forth in this Agreementforegoing, PFPC shall not be liable responsible for any act losses beyond its control, provided that PFPC has acted in accordance with the standard of care set forth above; and provided further that PFPC shall only be responsible for that portion of losses or omission which does not constitute willful misfeasance, bad faith or gross damages suffered by the Fund that are attributable to the negligence on the part of PFPC or reckless disregard of such duties, obligations and responsibilitiesPFPC. Without limiting the generality of the foregoing or of any other provision of this Agreement, PFPC PFPC, in connection with its duties under this Agreement shall not be under any duty or obligation to inquire into and Agreement, shall not be liable for or in respect of (a) the validity or invalidity oror authority or lack thereof of any Oral or Written Instruction, notice or other instrument which conforms
Appears in 1 contract
Sources: Co Administration Agreement (Warburg Pincus Emerging Markets Ii Fund Inc)