Common use of Foreign Corrupt Practices Act of 1977 Clause in Contracts

Foreign Corrupt Practices Act of 1977. Neither the Commodity Subadvisor nor, to the knowledge of the Commodity Subadvisor, any member, officer, agent, employee or affiliate of the Commodity Subadvisor is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the FCPA, including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA, and the Commodity Subadvisor, and to the knowledge of the Commodity Subadvisor, its affiliates have conducted their businesses in compliance with the FCPA and have instituted and maintain policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.

Foreign Corrupt Practices Act of 1977. Neither the Commodity Subadvisor ProLogis nor any of its subsidiaries nor, to the knowledge of the Commodity SubadvisorProLogis, any memberdirector, officer, agent, employee or affiliate of the Commodity Subadvisor ProLogis or any of its subsidiaries is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the FCPA, including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA; and ProLogis, and the Commodity Subadvisorits subsidiaries and, and to the knowledge of the Commodity SubadvisorProLogis, its affiliates have conducted their businesses in compliance with the FCPA and have instituted and maintain policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.