Common use of RECORD RETENTION AND CONFIDENTIALITY Clause in Contracts

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Company all books and records which are customary or which BISYS is required to keep and maintain in connection with its services pursuant to applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the "1940 Act"). BISYS further agrees that all such books and records shall be the property of the Company and to make such books and records available for inspection by the Company or by the Securities and Exchange Commission (the "Commission") at reasonable times. BISYS shall otherwise keep confidential all books and records relating to the Company and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by the Company or the dealer of record as to such account. BISYS shall provide the Company with reasonable advance notice of disclosure pursuant to items (i) - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 11 are subject to the provisions of Section 23.

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Company Trust all books and records which are customary the Trust or which BISYS is is, required to keep and maintain in connection with its services pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the "“1940 Act"”), in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Company Trust and to make such books and records available for inspection by the Company Trust or by the Securities and Exchange Commission (the "“Commission"”) at reasonable times. BISYS shall otherwise keep confidential all books and records relating to the Company Trust and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder's ’s agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by the Company a Trust or the dealer of record as to such account. BISYS shall provide the Company Trust with reasonable advance notice of disclosure pursuant to items (i) - – (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 11 9 are subject to the provisions of Section 2321.

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Company all books and records which are customary or which BISYS is are required to keep and maintain be kept in connection with its BISYS' services pursuant to applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the "1940 Act"). BISYS further agrees that all such books and records shall be the property of the Company and to make such books and records available for inspection by the Company at reasonable times or by the Securities and Exchange Commission (the "Commission") at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Company Fund and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest and a legal right to such information at such time consistent with the Company's Charter, Prospectus and applicable law, or when (v) as requested or authorized by the Company or the dealer of record as (including pursuant to such accountits policies and procedures). BISYS shall provide the Company with reasonable advance notice of disclosure pursuant to items (i) - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 11 are subject to the provisions of Section 2323(b) of this Agreement (Anti-Money Laundering Provisions).

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Company Trust all books and records which are customary the Trust or which BISYS is is, or may be, required to keep and maintain in connection with its services pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the "1940 Act"), relating to the maintenance of books and records in connection with the services to be provided under this Agreement. BISYS further agrees that all such books and records shall be the property of the Company Trust and to make such books and records available for inspection by the Company Trust or by the Securities and Exchange Commission (the "Commission") at reasonable times. BISYS shall otherwise keep confidential all books and records relating to the Company Trust and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder's ’s agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by the Company Trust or the dealer of record as to such account. BISYS shall provide the Company Trust with reasonable advance notice of disclosure pursuant to items (i) - – (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 11 10 are subject to the provisions of Section 2322 of this Agreement.

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Company Trust all books and records which are customary or which BISYS is required to keep and maintain in connection with its services pursuant to applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the "1940 Act"). BISYS further agrees that all such books and records shall be the property of the Company Trust and to make such books and records available for inspection by the Company Trust or by the Securities and Exchange Commission (the "Commission") at reasonable times. BISYS shall otherwise keep confidential all books and records relating to the Company Trust and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by the Company Trust or the dealer of record as to such account. BISYS shall provide the Company Trust with reasonable advance notice of disclosure pursuant to items (i) - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 11 are subject to the provisions of Section 23.

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Company all books and records which are customary or which BISYS is are required to keep and maintain be kept in connection with its BISYS’ services pursuant to applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the "“1940 Act"”). BISYS further agrees that all such books and records shall be the property of the Company and to make such books and records available for inspection by the Company at reasonable times or by the Securities and Exchange Commission (the "“Commission"”) at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Company Fund and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder's ’s agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest and a legal right to such information at such time consistent with the Company’s Charter, Prospectus and applicable law, or when (v) as requested or authorized by the Company or the dealer of record as (including pursuant to such accountits policies and procedures). BISYS shall provide the Company with reasonable advance notice of disclosure pursuant to items (i) - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 11 are subject to the provisions of Section 2323(b) of this Agreement (Anti-Money Laundering Provisions).

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Company all books and records which are customary or which BISYS is are required to keep and maintain be kept in connection with its BISYS' services pursuant to applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the "1940 Act"). BISYS further agrees that all such books and records shall be the property of the Company and to make such books and records available for inspection by the Company at reasonable times or by the Securities and Exchange Commission (the "Commission") at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Company Fund and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest and a legal right to such information at such time consistent with the Company's Charter, Prospectus and applicable law, or when (v) as requested or authorized by the Company or the dealer of record as (including pursuant to such accountits policies and procedures). BISYS shall provide the Company with reasonable advance notice of disclosure pursuant to items (i) - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 11 are subject to the provisions of Section 2323(b) (Anti-Money Laundering Provisions).

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Company all books and records which are customary or which BISYS is are required to keep and maintain be kept in connection with its BISYS’ services pursuant to applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the "“1940 Act"”). BISYS further agrees that all such books and records shall be the property of the Company and to make such books and records available for inspection by the Company at reasonable times or by the Securities and Exchange Commission (the "“Commission"”) at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Company Fund and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder's ’s agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest and a legal right to such information at such time consistent with the Company’s Agreement and Declaration of Trust, Prospectus and applicable law, or when (v) as requested or authorized by the Company or the dealer of record as (including pursuant to such accountits policies and procedures). BISYS shall provide the Company with reasonable advance notice of disclosure pursuant to items (i) - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 11 are subject to the provisions of Section 2323(b) of this Agreement (Anti-Money Laundering Provisions).

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Company all books and records which are customary or which BISYS is are required to keep and maintain be kept in connection with its BISYS’ services pursuant to applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the "“1940 Act"”). BISYS further agrees that all such books and records shall be the property of the Company and to make such books and records available for inspection by the Company at reasonable times or by the Securities and Exchange Commission (the "“Commission"”) at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Company Fund and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder's ’s agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest and a legal right to such information at such time consistent with the Company’s Articles of Incorporation, Prospectus and applicable law, or when (v) as requested or authorized by the Company or the dealer of record as (including pursuant to such accountits policies and procedures). BISYS shall provide the Company with reasonable advance notice of disclosure pursuant to items (i) - – (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 11 are subject to the provisions of Section 2323(b) (Anti-Money Laundering Provisions).

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Company Trust and the Corporation all books and records which are customary the Trust, the Corporation and BISYS is, or which BISYS is may be, required to keep and maintain in connection with its services pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the "1940 Act"), relating to the maintenance of books and records in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Company Trust and the Corporation and to make such books and records available for inspection by the Company Trust and the Corporation on request, and made available for inspection by the Trust and the Corporation or by the Securities and Exchange Commission (the "Commission") SEC at reasonable times. BISYS shall otherwise keep confidential all books and records relating to the Company Trust and the Corporation and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by the Company or Trust and the dealer of record as to such accountCorporation . BISYS shall provide the Company Trust and the Corporation with reasonable advance notice of disclosure pursuant to items (i) - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 11 are subject to the provisions of Section 23.

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Company Trust all books and records which are customary or which BISYS is are required to keep and maintain be kept in connection with its BISYS' services pursuant to applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Trust Act of 1940, as amended (the "1940 Act"). BISYS further agrees that all such books and records shall be the property of the Company Trust and to make such books and records available for inspection by the Company Trust at reasonable times or by the Securities and Exchange Commission (the "Commission") at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Company Fund and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by Trust counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest and a legal right to such information at such time consistent with the Trust's Declaration of Trust , Prospectus and applicable law, or when (v) as requested or authorized by the Company or the dealer of record as Trust (including pursuant to such accountits policies and procedures). BISYS shall provide the Company Trust with reasonable advance notice of disclosure pursuant to items (i) - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 11 are subject to the provisions of Section 2323(b) of this Agreement (Anti-Money Laundering Provisions).

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Company Trust all books and records which are customary or which BISYS is required to keep and maintain in connection with its services pursuant to applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the "1940 Act"). BISYS further agrees that all such books and records shall be the property of the Company Trust and to make such books and records available for inspection by the Company Trust or by the Securities and Exchange Commission (the "Commission") at reasonable times. BISYS shall otherwise keep confidential all books and records relating to the Company Trust and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by the Company Trust or the dealer of record as to such account. BISYS shall provide the Company Trust with reasonable advance notice of disclosure pursuant to items (i) - - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 11 are subject to the provisions of Section 23.

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Company all books and records which are customary or which BISYS is are required to keep and maintain be kept in connection with its BISYS’ services pursuant to applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the "“1940 Act"”). BISYS further agrees that all such books and records shall be the property of the Company and to make such books and records available for inspection by the Company at reasonable times or by the Securities and Exchange Commission (the "“Commission"”) at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Company Fund and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder's ’s agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest and a legal right to such information at such time consistent with the Company’s Declaration of Trust, Prospectus and applicable law, or when (v) as requested or authorized by the Company or the dealer of record as (including pursuant to such accountits policies and procedures). BISYS shall provide the Company with reasonable advance notice of disclosure pursuant to items (i) - – (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 11 are subject to the provisions of Section 2323(b) of this Agreement (Anti-Money Laundering Provisions).

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Company all books and records which are customary or which BISYS is are required to keep and maintain be kept in connection with its BISYS' services pursuant to applicable statutes, rules and regulations, including without limitation Rules 31a-1 31a-l and 31a-2 under the Investment Company Act of 1940, as amended (the "1940 Act"). BISYS further agrees that all such books and records shall be the property of the Company and to make such books and records available for inspection by the Company at reasonable times or by the Securities and Exchange Commission (the "Commission") at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Company Fund and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest and a legal right to such information at such time consistent with the Company's Charter, Prospectus and applicable law, or when (v) as requested or authorized by the Company or the dealer of record as (including pursuant to such accountits policies and procedures). BISYS shall provide the Company with reasonable advance notice of disclosure pursuant to items (i) - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 11 are subject to the provisions of Section 2323(b) (Anti-Money Laundering Provisions).

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Company all books and records which are customary or which BISYS is are required to keep and maintain be kept in connection with its BISYS’ services pursuant to applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the "“1940 Act"”). BISYS further agrees that all such books and records shall be the property of the Company and to make such books and records available for inspection by the Company at reasonable times or by the Securities and Exchange Commission (the "“Commission"”) at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Company and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder's ’s agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest and a legal right to such information at such time consistent with the Company’s Articles of Incorporation, Prospectus and applicable law, or when (v) as requested or authorized by the Company or the dealer of record as (including pursuant to such accountits policies and procedures). BISYS shall provide the Company with reasonable advance notice of disclosure pursuant to items (i) - – (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 11 are subject to the provisions of Section 23.reasonably

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Company all books and records which are customary the Company or which BISYS is is, or may be, required to keep and maintain in connection with its services pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the "1940 Act"), relating to the maintenance of books and records in connection with the services to be provided under this Agreement. BISYS further agrees that all such books and records shall be the property of the Company and to make such books and records available for inspection by the Company or by the Securities and Exchange Commission (the "Commission") at reasonable times. BISYS shall otherwise keep confidential all books and records relating to the Company and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by the Company or the dealer of record as to such account. BISYS shall provide the Company with reasonable advance notice of disclosure pursuant to items (i) - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 11 10 are subject to the provisions of Section 2322 of this Agreement.

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Company all books and records which are customary or which BISYS is are required to keep and maintain be kept in connection with its BISYS’ services pursuant to applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the "“1940 Act"”). BISYS further agrees that all such books and records shall be the property of the Company and to will make such books and records available for inspection by the Company at reasonable times or by the Securities and Exchange Commission (the "“Commission"”) at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Company Fund and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder's ’s agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest and a legal right to such information at such time consistent with the Company’s Declaration of Trust, Prospectus and applicable law, or when (v) as requested or authorized by the Company or the dealer of record as (including pursuant to such accountits policies and procedures). BISYS shall provide the Company with reasonable advance notice of disclosure pursuant to items (i) - – (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 11 are subject to the provisions of Section 2323(b) (Anti-Money Laundering Provisions).