Common use of Market Leader Clause in Contracts

Market Leader. Bank hereby commits that it will use commercially reasonable efforts to continue to develop and provide to the Trust service enhancements that will enable the Trust to maintain the Trust’s market leader position in product innovation, information technology, and service delivery (collectively, “Market Efforts”). The Trust 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 Funds. Bank shall, upon written request, review and have an officer of its company certify its compliance with this section to the Trust. 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 Trust 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 25 are a material provision of this Agreement.

Market Leader. Bank hereby commits that it will use commercially reasonable efforts to continue to develop and provide to the Trust service enhancements that will enable the Trust to maintain the Trust’s 's market leader position in product innovation, information technology, and service delivery (collectively, “"Market Efforts”"). The Trust 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 Funds. Bank shall, upon written request, review and have an officer of its company certify its compliance with this section to the Trust. 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 Trust 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 25 are a material provision of this Agreement.

Market Leader. Bank hereby commits that it will use commercially reasonable efforts to to: (i) continue to develop and provide to the Trust Fund service enhancements that will enable the Trust Fund to maintain the TrustFund’s market leader position in product innovation, information technology, and service delivery and securities lending; and (collectivelyii) 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 Trust 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 FundsIndex 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 TrustFund. 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 Trust 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 25 28 are a material provision of this Agreement.

Market Leader. Bank hereby commits that it will use commercially reasonable efforts to to: (i) continue to develop and provide to the Trust Fund service enhancements that will enable the Trust Fund to maintain the TrustFund’s market leader position in product innovation, information technology, and service delivery and securities lending; and (collectivelyii) be aggressively competitive in the marketplace with respect to the Fund’s create/redeem 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 Trust 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 FundsIndex 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 TrustFund. 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 Trust 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 25 28 are a material provision of this Agreement.

Market Leader. Bank hereby commits that it will use commercially reasonable efforts to to: (i) continue to develop and provide to the Trust Fund service enhancements that will enable the Trust Fund to maintain the TrustFund’s market leader position in product innovation, information technology, and service delivery and securities lending; and (collectivelyii) 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 Trust 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 FundsIndex 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 TrustFund. 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 Trust 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 25 27 are a material provision of this Agreement.

Market Leader. Bank hereby commits that it will use commercially reasonable efforts to to: (i) continue to develop and provide to the Trust BGI service enhancements that will enable the Trust BGI to maintain the TrustBGI’s market leader position in product innovation, information technology, and service delivery and securities lending (collectively, “Market Efforts”). The Trust BGI 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 BGIs in aggregate substantially similar in scope (even if smaller in asset size) to the FundsPortfolios 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 TrustBGI. 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 Trust BGI 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 25 14 are a material provision of this Agreement.