Right to Modify. BNYM may alter, modify or change the Licensed System or any component, code, language, function, format, design, architecture, security measure or other element of whatsoever nature of the Licensed System and implement such alterations, modifications and changes into the Documentation and/or the Licensed System as Updates or Upgrades applicable to Company's continued use of the Licensed System after such implementation; provided, however, at no time shall this section be interpreted in such a manner as to allow BNYM by such alterations, modifications or changes to alter the License granted by Section 2.1 or modify any other service obligation of BNYM under this Agreement.
Appears in 27 contracts
Sources: Transfer Agency and Shareholder Services Agreement (Fundrise Growth Tech Fund, LLC), Transfer Agency and Shareholder Services Agreement (Polen Credit Opportunities Fund), Transfer Agency Services Agreement (Voya Separate Portfolios Trust)
Right to Modify. BNYM may alter, modify or change the Licensed System or any component, code, language, function, format, design, architecture, security measure or other element of whatsoever nature of the Licensed System and implement such alterations, modifications and changes into the Documentation and/or the Licensed System as Updates or Upgrades applicable to Company's ’s continued use of the Licensed System after such implementation; provided, however, at no time shall this section be interpreted in such a manner as to allow BNYM by such alterations, modifications or changes to alter the License granted by Section 2.1 or modify any other service obligation of BNYM under this Agreement.
Appears in 26 contracts
Sources: Transfer Agency and Shareholder Services Agreement (Man Alternative Income Fund), Transfer Agency and Unitholder Services Agreement (Afl Cio Housing Investment Trust), Transfer Agency and Shareholder Services Agreement (KKR Asset-Based Income Fund)
Right to Modify. BNYM may alter, modify or change the Licensed System or any component, code, language, function, format, design, architecture, security measure or other element of whatsoever nature of the Licensed System and implement such alterations, modifications and changes into the Documentation and/or the Licensed System as Updates or Upgrades applicable to Company's ’s continued use of the Licensed System after such implementation; provided, however, at no time shall this section be interpreted in such a manner as to allow BNYM by such alterations, modifications or changes to alter the License granted by Section 2.1 or modify any other service obligation of BNYM under this Agreement. Notwithstanding Section 3.2 below, BNYM shall be responsible for training the Company with respect to any such Updates or Upgrades at no cost to the Company.
Appears in 6 contracts
Sources: Transfer Agency Agreement (Baillie Gifford Institutional Trust), Transfer Agency and Shareholder Services Agreement (AMG Pantheon Infrastructure Fund, LLC), Transfer Agency and Shareholder Services Agreement (AMG Pantheon Credit Solutions Fund)
Right to Modify. BNYM may alter, modify or change the Licensed System or any component, code, language, function, format, design, architecture, security measure or other element of whatsoever nature of the Licensed System and implement such alterations, modifications and changes into the Documentation and/or the Licensed System as Updates or Upgrades applicable to Company's ’s continued use of the Licensed System after such implementation; provided, however, at no time shall this section be interpreted in such a manner as to allow BNYM by such alterations, modifications or changes to alter the License granted by Section 2.1 or modify any other service obligation of BNYM under this Agreement.. Notwithstanding Section 3.2 below, BNYM shall be responsible for training the Company with respect to any such Updates or Upgrades at no cost to the Company. Confidential And Proprietary Execution Version
Appears in 5 contracts
Sources: Transfer Agency and Shareholder Services Agreement (AMG Funds II), Transfer Agency and Shareholder Services Agreement (AMG Funds IV), Transfer Agency and Shareholder Services Agreement (AMG Funds I)
Right to Modify. BNYM may alter, modify or change the Licensed System or any component, code, language, function, format, design, architecture, security measure or other element of whatsoever nature of the Licensed System and implement such alterations, modifications and changes into the Documentation and/or the Licensed System as Updates or Upgrades applicable to Company's continued use of the Licensed System after such implementation; provided, however, at no time shall this section be interpreted in such a manner as to allow BNYM by such alterations, modifications or changes to alter the License granted by Section 2.1 or modify any other service obligation of BNYM under this Agreement. If any modification would materially impair Company’s enjoyment of the Main Agreement, Company may terminate the Main Agreement on written notice to BNYM, without payment of the Early Termination Exercise Price or any fee or penalty.
Appears in 4 contracts
Sources: Transfer Agency and Shareholder Services Agreement (Laudus Trust), Transfer Agency and Shareholder Services Agreement (Schwab Capital Trust), Transfer Agency and Shareholder Services Agreement (Schwab Annuity Portfolios)
Right to Modify. BNYM may alter, modify or change the Licensed System or any component, code, language, function, format, design, architecture, security measure or other element of whatsoever nature of the Licensed System and implement such alterations, modifications and changes into the Documentation and/or the Licensed System as Updates or Upgrades applicable to Company's continued use of the Licensed System after such implementation; provided, however, at no time shall this section be interpreted in such a manner as to allow BNYM by such alterations, modifications or changes to alter the License granted by Section 2.1 or modify any other service obligation of BNYM under this Agreement.. Confidential And Proprietary EXECUTION
Appears in 3 contracts
Sources: Transfer Agency and Shareholder Services Agreement (Fundrise Real Estate Interval Fund, LLC), Transfer Agency and Shareholder Services Agreement (Fundrise Income Real Estate Fund, LLC), Transfer Agency and Shareholder Services Agreement (Versus Capital Infrastructure Income Fund)
Right to Modify. BNYM may alter, modify or change the Licensed System or any component, code, language, function, format, design, architecture, security measure or other element of whatsoever nature of the Licensed System and implement such alterations, modifications and changes into the Documentation and/or the Licensed System as Updates or Upgrades applicable to Company's ’s continued use of the Licensed System after such implementation; provided, however, at no time shall this section be interpreted in such a manner as to allow BNYM by such alterations, modifications or changes to alter the License granted by Section 2.1 or modify any other service obligation of BNYM under this Agreement. If any modification would materially impair Company’s enjoyment of the Main Agreement, Company may terminate the Main Agreement on written notice to BNYM, without payment of the Early Termination Exercise Price or any fee or penalty.
Appears in 1 contract
Sources: Transfer Agency and Shareholder Services Agreement (Schwab Investments)
Right to Modify. BNYM may alter, modify or change the Licensed System or any component, code, language, function, format, design, architecture, security measure or other element of whatsoever nature of the Licensed System and implement such alterations, modifications and changes into the Documentation and/or the Licensed System as Updates or Upgrades applicable to Company's the Fund’s continued use of the Licensed System after such implementation; provided, however, at no time shall this section be interpreted in such a manner as to allow BNYM by such alterations, modifications or changes to alter the License granted by Section 2.1 or modify any other service obligation of BNYM under this Agreement.
Appears in 1 contract
Sources: Transfer Agency Services Agreement (Old Westbury Funds Inc)
Right to Modify. BNYM may alter, modify or change the Licensed System or any component, code, language, function, format, design, architecture, security measure or other element of whatsoever nature of the Licensed System and implement such alterations, modifications and changes into the Documentation and/or the Licensed System as Updates or Upgrades applicable to Company's ’s continued use of the Licensed System after such implementation; provided, however, at no time shall this section be interpreted in such a manner as to allow BNYM by such alterations, modifications or changes to alter the License granted by Section 2.1 or modify any other service obligation of BNYM under this AgreementAgreement or materially inhibit Company’s use of the Licensed System.
Appears in 1 contract
Sources: Transfer Agency and Shareholder Services Agreement (TCW Alternative Funds)
Right to Modify. BNYM may alter, modify or change the Licensed System or any component, code, language, function, format, design, architecture, security measure or other element of whatsoever nature of the Licensed System and implement such alterations, modifications and changes into the Documentation and/or the Licensed System as Updates or Upgrades applicable to Company's ’s continued use of the Licensed System after such implementation; provided, however, at no time shall this section be interpreted in such a manner as to allow BNYM by such alterations, modifications or changes to alter the License granted by Section 2.1 or modify any other service obligation of BNYM under this Agreement. In the event a change in the Licensed System or any component thereof has a materially adverse impact on Company’s receipt of services under the Agreement, the Company shall have the right to pursue a termination of the Agreement pursuant to Section 13(b) of the Main Agreement.
Appears in 1 contract
Sources: Transfer Agency & Shareholder Services Agreement (Pacific Funds Series Trust)