Common use of Asset Investment Clause in Contracts

Asset Investment. When the University deposits funds with the Foundation for investment purposes, the Foundation may comingle those funds with Foundation’s funds and other funds held by the Foundation in a pooled investment portfolio (“Pooled Investments”). In doing so, it is mutually understood that: • The University retains ownership of University funds; • The Foundation is authorized to invest the University funds in the same manner as other Foundation funds; • University funds are subject to the Foundation’s administrative fees in accordance with the Foundation’s Fund Administration Policies; • University funds may be pooled with the Foundation’s institutional funds and other funds for the purpose of participating in the Pooled Investments; • There is no trust relationship between the University and the Foundation express or implied; • Pooled Investments are invested in accordance with the Foundation’s investment policy; • There is an inherent risk involved with investing that is beyond the control of the Foundation, including the potential for loss of the University’s principal in the initial investment, loss of subsequent deposits, loss of interest or appreciation, and loss of other financial gains; • Neither party is obligated to offer or accept investment advice to or from the other party; • The Foundation has not and does not hold itself out as an investment advisor or as a professional investment corporation; and • The University representative for all matters relating to the investment of University funds by Foundation is the President of the University or his or her designee. For all University funds invested by the Foundation, the Foundation shall provide periodic summaries and confirmations of balances of University funds as may be requested or required. The Foundation shall provide the University with a copy of the most recent investment policy. Upon written notice from an authorized University administrator requesting withdrawal of University funds from the Pooled Investments, the Foundation shall withdraw the funds within a reasonable length of time such that removal of the funds may be completed without adversely affecting the remaining investment portfolio.

Asset Investment. When If the University deposits funds gifts with the Foundation for investment purposes, the Foundation may comingle pool those funds with the Foundation’s funds and other funds held by the Foundation in a pooled investment portfolio (“Pooled Investments”). In doing so, it is mutually understood that: • The University retains ownership of the University funds; • The Foundation is authorized to invest the University funds in the same manner as other Foundation funds; • University funds are subject to the Foundation’s administrative fees in accordance with the Foundation’s Fund Administration Fee Assessment, Endowment Spending and Investment Income Allocation Policies; • University funds may be pooled with the Foundation’s institutional funds and other funds for the purpose of participating in the Pooled Investments; • There is no trust relationship between the University and the Foundation express or implied; • Pooled Investments are invested in accordance with the Foundation’s investment policy; • There is an inherent risk involved with investing that is beyond the control of the Foundation, including the potential for loss of the University’s principal in the initial investment, loss of subsequent deposits, loss of interest or appreciation, and loss of other financial gains; • Neither party is obligated to offer or accept investment advice to or from the other party; • The Foundation has not and does not hold itself out as an investment advisor or as a professional investment corporation; and • The University representative for all matters relating to the investment of University funds by the Foundation is the University’s Vice President of the University for Administration & Finance or his or her designee. For all University funds invested by the Foundation, the Foundation shall provide periodic summaries and confirmations of balances of the University funds as may be requested or required. The University may attend any Foundation board of directors meeting where decision or discussion regarding the investment policy may be held. Additionally, the Foundation shall provide the University with a copy of the most recent investment policy. Upon written notice from an authorized the University administrator requesting withdrawal of University funds from the Pooled Investments, the Foundation shall will withdraw the funds within a reasonable length of time such that removal of the funds may be completed without adversely affecting the remaining investment portfolio.