Common use of Methods of Determination Clause in Contracts

Methods of Determination. Upon the Trustee's request for indemnification or advancement of Expenses, a determination with respect to the Trustee's entitlement thereto shall be made in a manner consistent with the terms of this Agreement and the Agreement and Declaration of Trust, unless (in the case of advancements) the Trust and the Trustee shall have received written confirmation in reasonably acceptable form that the Trust is insured against losses arising by reason of any lawful advancements and that the insurer will pay the Expenses of the Trustee in a reasonably prompt manner, in which case no determination shall be required. The Trustee shall cooperate with the person or persons making such determination, including without limitation providing to such person or persons upon reasonable advance request any documentation or information that is not privileged or otherwise protected from disclosure and is reasonably available to the Trustee and reasonably necessary to such determination. Any failure by the Trustee to cooperate with the person or persons making such determination shall extend as necessary and appropriate the period or periods described in paragraph (c) of this Section 6 regarding determinations deemed to have been made. Any Expenses incurred by the Trustee in so cooperating shall be borne by the Series, irrespective of the determination as to the Trustee's entitlement to indemnification or advancement of Expenses.

Methods of Determination. Upon the Trustee's Indemnitee’s request for indemnification or advancement of Expenses, a determination with respect to the Trustee's Indemnitee’s entitlement thereto shall be made in a manner consistent with the terms of this Agreement and the Agreement and Declaration of Trust, unless (in the case of advancements) the Trust and the Trustee shall have received written confirmation in reasonably acceptable form that the Trust is insured against losses arising by reason of any lawful advancements and that the insurer will pay the Expenses of the Trustee in a reasonably prompt manner, in which case no determination shall be requiredAgreement. The Trustee Indemnitee shall cooperate with the person or persons making such determination, including without limitation providing to such person or persons upon reasonable advance request any documentation or information that is not privileged or otherwise protected from disclosure and is reasonably available to the Trustee Indemnitee and reasonably necessary to such determination. Any failure by the Trustee Indemnitee to cooperate with the person or persons making such determination shall extend as necessary and appropriate the period or periods described in paragraph (c) of this Section 6 5 regarding determinations deemed to have been made. Any Expenses reasonably incurred by the Trustee Indemnitee in so cooperating shall be borne by the SeriesCompany, irrespective of the determination as to the Trustee's Indemnitee’s entitlement to indemnification or advancement of Expenses. Any counsel selected pursuant hereto to make the relevant determination shall be an Independent Counsel.

Methods of Determination. Upon the Trustee's ’s request for indemnification or advancement of Expenses, a determination with respect to the Trustee's ’s entitlement thereto shall be made in a manner consistent with the terms of this Agreement and the Agreement and Declaration of Trust, unless (in the case of advancements) the Trust and the Trustee shall have received written confirmation in reasonably acceptable form that the Trust is insured against losses arising by reason of any lawful advancements and that the insurer will pay the Expenses of the Trustee in a reasonably prompt manner, in which case no determination shall be required. The Trustee shall cooperate with the person or persons making such determination, including without limitation providing to such person or persons upon reasonable advance request any documentation or information that is not privileged or otherwise protected from disclosure and is reasonably available to the Trustee and reasonably necessary to such determination. Any failure by the Trustee to cooperate with the person or persons making such determination shall extend as necessary and appropriate the period or periods described in paragraph (c) of this Section 6 regarding determinations deemed to have been made. Any Expenses incurred by the Trustee in so cooperating shall be borne by the Series, irrespective of the determination as to the Trustee's ’s entitlement to indemnification or advancement of Expenses.