Frequent Fueler Card Sample Clauses

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Frequent Fueler Card. PNV shall help implement and support a TA Frequent Fueler Card on the following terms:

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• Payment Frequency As of the Cutoff Date and as shown on the books of CNHICA: (A) Receivables having an aggregate Statistical Contract Value of approximately 63.03% of the Aggregate Statistical Contract Value had annual scheduled payments, (B) Receivables having an aggregate Statistical Contract Value of approximately 2.95% of the Aggregate Statistical Contract Value had semi-annual scheduled payments, (C) Receivables having an aggregate Statistical Contract Value of approximately 0.69% of the Aggregate Statistical Contract Value had quarterly scheduled payments, (D) Receivables having an aggregate Statistical Contract Value of approximately 28.60% of the Aggregate Statistical Contract Value had monthly scheduled payments, and (E) the remainder of the Receivables had irregularly scheduled payments.

• Past Service Credit Executive shall be given full credit for Executive's prior years of service with Company for all purposes under the plans, programs, policies, agreements and practices covering Executive pursuant to this Section.

• Frequency MONTHLY SUGGESTED FUND AUDITOR (A) FUNCTION INVESTORS BANK NYLIM OR FUND COUNSEL (C) ----------------------------------- --------------------------------- -------------------------------- --------------------------- Perform asset Diversification Perform asset diversification Review test results and take A - Provide consultation as testing to Establish qualification tests at each tax quarter end. any necessary action. Approve needed in establishing as a RIC. Timely report potential tax positions taken. positions to be taken in violations to Fund Management. tax treatment of particular FREQUENCY: QUARTERLY Follow-up on issues. issues. Review quarter end tests on a current basis. Perform qualifying income testing Perform qualifying income testing Review test results and take A - Consult as needed on to establish qualification as a (on book basis income, unless any necessary action. Approve tax accounting positions to RIC. material differences are tax positions taken. be taken. Review in anticipated) on quarterly basis conjunction with year-end FREQUENCY: QUARTERLY and as may otherwise be audit. necessary. Timely report potential violations to Fund Management. Follow-up on issues. Calculate total return information Provide total return Review total return information. on Funds as defined in the current calculations. Provide after-tax Prospectus and SAI. calculations in connection with post-effective amendment filings. FREQUENCY: MONTHLY Prepare the Funds' annual expense Prepare preliminary expense Provide asset level budget. Establish daily accruals. budget. Notify mutual fund projections. Approve expense accounting of new accrual rates. budget. FREQUENCY: ANNUALLY SUGGESTED FUND AUDITOR (A) FUNCTION INVESTORS BANK NYLIM OR FUND COUNSEL (C) ----------------------------------- --------------------------------- -------------------------------- --------------------------- Monitor the Funds' expense budget. Monitor actual expenses updating Provide asset level projections A/C - Provide consultation Review the Funds' multi-class budgets/expenses accruals. If quarterly. Provide vendor as requested. expense differentials. applicable, review expense information as necessary. differentials among classes to Review expense analysis and FREQUENCY: MONTHLY ensure consistency with Rule approve budget revisions. 18f-3 or the Funds' exemptive application and the Funds' private letter ruling or published ruling. Receive and coordinate payment of Propose allocations of invoices Approve invoices and Fund expenses. among Funds and obtain authorized allocations of payments. Send approval to process payment. invoices to IBT in a timely FREQUENCY: AS OFTEN AS NECESSARY manner. Calculate periodic dividend rates Calculate amounts available for Establish and maintain dividend C - Review dividend to be declared in accordance with distribution. Coordinate review and distribution policies. resolutions in conjunction management guidelines. by Fund Management and/or Approve distribution rates per with Board approval. auditors. Notify custody and share and aggregate amounts. FREQUENCY: ACCORDING TO DIVIDEND transfer agent of authorized Obtain Board approval when A - Review and approve POLICY dividend rates in accordance with required. dividend calculation Board approved policy. Report methodology for multi-class dividends to Board as required. funds. Provide consultation Obtain Board approval when as requested. required.

• Delivery Versus Payment for Purchases and Sales Purchases and sales of Investments effected by Custodian will be made on a delivery versus payment basis in accordance with generally accepted trade practices, or the terms of the instrument representing such Investment. The Custodian may, in its sole discretion, upon receipt of Written Instructions, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.

• Purchases of Portfolio Shares for Sale to Customers (a) In offering and selling Portfolio shares to your customers, you agree to act as dealer for your own account; you are not authorized to act as agent for us or for any Portfolio.

• Previously Reviewed Receivables; Duplicative Tests If any Review Receivable was included in a prior Review, the Asset Representations Reviewer will not conduct additional Tests on such Review Receivable, but will include the previously reported Test results in the Review Report for the current Review. If the same Test is required for more than one Eligible Representation, the Asset Representations Reviewer will only perform the Test once for each Review Receivable, but will report the results of the Test for each applicable Eligible Representation on the Review Report.

• Previously Reviewed Receivable; Duplicative Tests If any Review Receivable was included in a prior Review, the Asset Representations Reviewer will not conduct additional Tests on such Review Receivable, but will include the previously reported Test results in the Review Report for the current Review. If the same Test is required for more than one representation and warranty, the Asset Representations Reviewer will only perform the Test once for each Review Receivable, but will report the results of the Test for each applicable representation and warranty on the Review Report.

• Making Portfolio Shares Available to Your Customers (a) In all transactions covered by this Agreement: (i) you will act as agent for your customers; in no transaction are you authorized to act as agent for us or for any Portfolio; (ii) you will initiate transactions only upon your customers' orders; (iii) we will execute transactions only upon receiving instructions from you acting as agent for your customers; and (iv) each transaction will be for your customer's account and not for your own account. Each transaction will be without recourse to you, provided that you act in accordance with the terms of this Agreement. (b) You agree to make Portfolio shares available to your customers only at the applicable public offering price in accordance with the Prospectus. If your customer qualifies for a reduced sales charge pursuant to a special purchase plan (for example, a quantity discount, letter of intent, or right of accumulation) as described in the Prospectus, you agree to make Portfolio shares available to your customer at the applicable reduced sales charge. You agree to deliver or cause to be delivered to each customer, at or prior to the time of any purchase of shares, a copy of the then current prospectus (including any stickers thereto), unless such prospectus has already been delivered to the customer, and to each customer who so requests, a copy of the then current statement of additional information (including any stickers thereto). (c) You agree to order Portfolio shares from us only to cover purchase orders that you have already received from your customers, or for your own investment. You will not withhold placing customers' orders so as to profit yourself as a result of such withholding (for example, by a change in a Portfolio's net asset value from that used in determining the offering price to your customers). (d) We will accept your purchase orders only at the public offering price applicable to each order, as determined in accordance with the Prospectus. We will not accept from you a conditional order for Portfolio shares. All orders are subject to acceptance or rejection by us in our sole discretion. We may, without notice, suspend sales or withdraw the offering of Portfolio shares, or make a limited offering of Portfolio shares. (e) The placing of orders with us will be governed by instructions that we will periodically issue to you. You must pay for Portfolio shares in New York or Boston clearing house funds or in federal funds in accordance with such instructions, and we must receive your payment on or before the settlement date established in accordance with Rule 15c6-1 under the Securities Exchange Act of 1934 (the "1934 Act"). (f) You agree to comply with all applicable state and federal laws and with the rules and regulations of authorized regulatory agencies thereunder. You agree to make Portfolio shares available to your customers only in states where you may legally make such Portfolio's shares available. You will not make available shares of any Portfolio unless such shares are registered under the applicable state and federal laws and the rules and regulations thereunder. (g) Certificates evidencing Portfolio shares are not available; any transaction in Portfolio shares will be effected and evidenced by book-entry on the records maintained by Fidelity Investments Institutional Operations Company, Inc. ("FIIOC"). A confirmation statement evidencing transactions in Portfolio shares will be transmitted to you. (h) You may designate FIIOC to execute your customers' transactions in Portfolio shares in accordance with the terms of any account, program, plan, or service established or used by your customers, and to confirm each transaction to your customers on your behalf on a fully disclosed basis. At the time of the transaction, you guarantee the legal capacity of your customers and any co-owners of such shares so transacting in such shares. 3.

• STANDARD OF CARE AS FOREIGN CUSTODY MANAGER OF A PORTFOLIO In performing the responsibilities delegated to it, the Foreign Custody Manager agrees to exercise reasonable care, prudence and diligence such as a person having responsibility for the safekeeping of assets of management investment companies registered under the 1940 Act would exercise.

• Determining Number of Billable Accounts The Open Account Fee and the Closed Account Fee shall be paid only with respect to accounts serviced directly by the Transfer Agent and not with respect to accounts serviced by third parties pursuant to omnibus account service or sub-accounting agreements, as provided in Section 2.04 of the Agreement. Notwithstanding that the Transfer Agent does not collect an Open Account Fee on accounts serviced by third parties pursuant to omnibus account service or sub-accounting agreements, any Small Account Fees collected on such accounts shall be subtracted as provided above under “Open Account Fee.”