Non-Investment Advisory Services. The Fund hereby employs the Manager to provide certain non-investment advisory services for the Portfolio, subject to the direction of the officers and the Board on the terms hereinafter set forth. Specifically, the Manager shall perform or arrange for the performance, as applicable, at its own expense (except as provided in Section 4 or unless otherwise agreed to by the Manager and the Fund, in which case at the Fund’s expense), the following services to the Fund on behalf of the Portfolio to the extent that any such services are not otherwise provided by any other service provider to the Fund:
Non-Investment Advisory Services. The Trust hereby employs the Manager to provide certain non-investment advisory services for the ETF, subject to the direction of the officers and the Board on the terms hereinafter set forth. Specifically, the Manager shall perform or arrange for the performance, as applicable, at its own expense (except as provided in Section 4 or unless otherwise agreed to by the Manager and the Trust, in which case at the Trust’s expense), the following services to the Trust on behalf of the ETF to the extent that any such services are not otherwise provided by any other service provider to the Trust: (i) monitor and evaluate the services provided to the Trust for the benefit of the ETF by the ETF’s custodian, transfer and dividend disbursing agents, printers, insurance carriers (as well as insurance agents and insurance brokers), independent public accountants, legal counsel and other persons and entities who provide similar services to the Trust for the benefit of the ETF; (ii) monitor the preparation of periodic reports and notices of distributions to shareholders of the ETF; (iii) coordinate, monitor and evaluate the daily pricing and valuation of the ETF’s investment portfolio; (iv) monitor the ETF’s compliance with recordkeeping requirements of applicable federal, state, and foreign laws and regulations; (v) assist the ETF to comply with the provisions of applicable federal, state, and foreign tax laws and tax regulations; (vi) assist the ETF to comply with the provisions of applicable federal, state, local and foreign securities, organizational and other laws that govern the business of the Trust in respect of the ETF, including with respect to the preparation of registration statements and other materials in connection with the offering of the ETF’s shares; (vii) monitor and coordinate the provision of trade administration oversight services to the ETF, including settlement oversight services, reconciliation services, collateral management oversight services, and similar services, including recommending corrective action; (viii) assist the ETF to conduct meetings of the ETF’s shareholders if and when called by the Board; (ix) furnish such information to the Board as the Board may reasonably require in connection with the annual approval of this Agreement, and coordinate the provision of such other information as the Board may reasonably request; and (x) provide the shareholders of the ETF with such information regarding the operation and affairs of the ETF, and...