Market Leader. Bank hereby commits that it will use commercially reasonable efforts to: (i) continue to develop and provide to the Fund service enhancements that will enable the Fund to maintain the Fund’s market leader position in product innovation, information technology, service delivery and securities lending; and (ii) be aggressively competitive in the marketplace with respect to the Fund’s create/redemption fees charged to brokers within the context of Bank’s overall Fee Schedule with respect to the Fund (collectively (i) and (ii), “Market Efforts”). The Fund acknowledges that Bank has been successful in providing Market Efforts during the Initial Term. Bank agrees that its Market Efforts will be and will continue to be during the Renewal Term no less favorable than those being offered at that time by Bank to any other customer purchasing services of a type substantially similar to the services provided hereunder relating to funds in aggregate substantially similar in scope (even if smaller in asset size) to the Index Series serviced under this Agreement. Bank shall, upon written request, review and have an officer of its company certify its compliance with this section to the Fund. If Bank at any time offers other customers or brokers processes, discounts and/or other cost reduction methods or improved services more favorable than those provided to the Bank pursuant to this Agreement such that the foregoing terms of this subsection become untrue, Bank shall promptly offer these to the Fund prospectively from the date such more favorable terms were offered to other customers or brokers, unless Bank is prevented from doing so in a reasonable manner due to third party patent related restrictions. Bank acknowledges that the requirements of this paragraph 28 are a material provision of this Agreement.
