Services Provided. (a) Subject to the control, direction and supervision of the Board and in compliance with the objectives, policies and limitations set forth in the Trust’s Registration Statement, Agreement and Declaration of Trust and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC shall have general responsibility for the Trust’s administrative operations and will provide the following services: (i) Trust Administration, (ii) Compliance Services, and (iii) Trust Accounting. A detailed description of each of the above services is contained in Schedules B and C, respectively, to this Agreement. (b) In connection with providing the services identified above, FMG LLC will also: (i) provide, without additional cost to the Trust except for out-of-pocket expenses, office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC or a corporate affiliate of FMG LLC); (ii) provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, the services of individuals to serve as officers of the Trust who will be designated by FMG LLC and elected by the Board subject to reasonable Board approval; (iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, personnel sufficient for provision of the services contemplated herein; (iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, equipment and other materials, which are necessary or desirable for provision of the services contemplated herein; and (v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, relating to the services provided hereunder in such form and manner as FMG LLC may deem appropriate or advisable. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC agrees that all such records prepared or maintained by FMG LLC relating to the services provided hereunder are the property of the Trust and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available in accordance with such Section and rules. FMG LLC agrees to make available to the Trust, promptly upon request, any of the Funds’ books and records as are maintained under this Agreement, and to furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and (vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably request.
Appears in 5 contracts
Sources: Mutual Funds Service Agreement (Axa Premier Vip Trust), Mutual Funds Service Agreement (Axa Premier Vip Trust), Mutual Funds Service Agreement (Eq Advisors Trust)
Services Provided. (a) Subject to the control, direction and supervision of the Board and in compliance with the objectives, policies and limitations set forth in the Trust’s 's Registration Statement, Agreement and Declaration of Trust and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC Equitable shall have general responsibility for the oversight of the Trust’s 's administrative operations and will provide the following services:
(i) Trust Administration,
(ii) Compliance ServicesServices , and
(iii) Trust Accounting. A detailed description of each of the above services is contained in Schedules B and C, respectively, to this Agreement.
(b) In connection with providing the services identified above, FMG LLC Equitable will also:
(i) provide, without additional cost to the Trust except for out-of-pocket expenses, office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC Equitable or a corporate affiliate of FMG LLCEquitable);
(ii) provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, the services of individuals to serve as officers of the Trust who will be designated by FMG LLC Equitable and elected by the Board subject to reasonable Board approval;
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, personnel sufficient for provision of the services contemplated herein;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, equipment and other materials, which are necessary or desirable for provision of the services contemplated herein; and
(v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, relating to the services provided hereunder in such form and manner as FMG LLC Equitable may deem appropriate or advisable. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC Equitable agrees that all such records prepared or maintained by FMG LLC Equitable relating to the services provided hereunder are the property of the Trust and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available in accordance with such Section and rules. FMG LLC agrees to make available to the Trust, promptly upon request, any of the Funds’ books and records as are maintained under this Agreement, and to furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably request.
Appears in 4 contracts
Sources: Mutual Funds Service Agreement (Axa Premier Funds Trust), Mutual Funds Service Agreement (Equitable Trust/Ny/), Mutual Funds Service Agreement (Equitable Premier Funds Trust)
Services Provided. (a) Subject to the control, direction and supervision of the Board and in compliance with the objectives, policies and limitations set forth in the Trust’s Registration Statement, Agreement and Declaration of Trust and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC Administrator shall have general responsibility for the Trust’s administrative operations and will provide the following services:
(i) Trust Administration,
(ii) Compliance Services, and
(iii) Trust Accounting. A detailed description of each of the above services is contained in Schedules B and C, respectively, to this Agreement.
(b) In connection with providing the services identified above, FMG LLC Administrator will also:
(i) provide, without additional cost to the Trust except for out-of-pocket expenses, office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC Administrator or a corporate affiliate of FMG LLCAdministrator);
(ii) In connection with providing the services identified above, Administrator will also: provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, the services of individuals to serve as officers of the Trust who will be designated by FMG LLC Administrator and elected by the Board subject to reasonable Board approval;, provided, that this provision shall not be construed in a manner that would prohibit the Trust from paying any portion of the compensation of the Trust’s Chief Compliance Officer.
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, personnel sufficient for provision of the services contemplated herein;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, equipment and other materials, which are necessary or desirable for provision of the services contemplated herein; and;
(v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, relating to the services provided hereunder in such form and manner as FMG LLC Administrator may deem appropriate or advisable. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC Administrator agrees that all such records prepared or maintained by FMG LLC Administrator relating to the services provided hereunder are the property of the Trust and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available in accordance with such Section and rules. FMG LLC Administrator agrees to make available to the Trust, promptly upon request, any of the Funds’ books and records as are maintained under this Agreement, and to furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the FMG LLCAdministrator’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably request.
Appears in 3 contracts
Sources: Mutual Funds Service Agreement (Eq Advisors Trust), Mutual Funds Service Agreement (Eq Premier Vip Trust), Mutual Funds Service Agreement (Eq Advisors Trust)
Services Provided. (a) Subject to the control, direction and supervision of the Board and in compliance with the objectives, policies and limitations set forth in the Trust’s Registration Statement, Agreement and Declaration of Trust and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC shall have general responsibility for the oversight of the Trust’s administrative operations and will provide the following services:
(i) Trust Administration,
(ii) Compliance Services, and
(iii) Trust Accounting. A detailed description of each of the above services is contained in Schedules B and C, respectively, to this Agreement.
(b) In connection with providing the services identified above, FMG LLC will also:
(i) provide, without additional cost to the Trust except for out-of-pocket expenses, office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC or a corporate affiliate of FMG LLC);
(ii) provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, the services of individuals to serve as officers of the Trust who will be designated by FMG LLC and elected by the Board subject to reasonable Board approval;
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, personnel sufficient for provision of the services contemplated herein;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, equipment and other materials, which are necessary or desirable for provision of the services contemplated herein; and
(v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, relating to the services provided hereunder in such form and manner as FMG LLC may deem appropriate or advisable. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC agrees that all such records prepared or maintained by FMG LLC relating to the services provided hereunder are the property of the Trust and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available in accordance with such Section and rules. FMG LLC agrees to make available to the Trust, promptly upon request, any of the Funds’ books and records as are maintained under this Agreement, and to furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably request.
Appears in 2 contracts
Sources: Mutual Funds Service Agreement (Eq Advisors Trust), Mutual Funds Service Agreement (Axa Premier Vip Trust)
Services Provided. (a) Subject to the control, direction and supervision of the Board and in compliance with the objectives, policies and limitations set forth in the Trust’s Registration Statement, Agreement and Declaration of Trust and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC AXA Equitable shall have general responsibility for the oversight of the Trust’s administrative operations and will provide the following services:
(i) Trust Administration,
(ii) Compliance Services, and
(iii) Trust Accounting. A detailed description of each of the above services is contained in Schedules B and C, respectively, to this Agreement.
(b) In connection with providing the services identified above, FMG LLC AXA Equitable will also:
(i) provide, without additional cost to the Trust except for out-of-pocket expenses, office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC AXA Equitable or a corporate affiliate of FMG LLCAXA Equitable);
(ii) provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, the services of individuals to serve as officers of the Trust who will be designated by FMG LLC AXA Equitable and elected by the Board subject to reasonable Board approval;
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, personnel sufficient for provision of the services contemplated herein;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, equipment and other materials, which are necessary or desirable for provision of the services contemplated herein; and
(v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, relating to the services provided hereunder in such form and manner as FMG LLC AXA Equitable may deem appropriate or advisable. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC AXA Equitable agrees that all such records prepared or maintained by FMG LLC AXA Equitable relating to the services provided hereunder are the property of the Trust and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available in accordance with such Section 31 under the 1940 Act and rules. FMG LLC agrees to make available to the Trust, promptly upon request, any of the Funds’ books and records as are maintained under this Agreement, and to furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably requestrules thereunder.
Appears in 2 contracts
Sources: Mutual Funds Service Agreement (Axa Enterprise Funds Trust), Mutual Funds Service Agreement (Axa Enterprise Funds Trust)
Services Provided. (a) Subject to the control, direction and supervision of the Board and in compliance with the objectives, policies and limitations set forth in the Trust’s Registration Statement, Agreement and Declaration of Trust and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC EIM shall have general responsibility for the Trust’s administrative operations and will provide the following services:
(i) Trust Administration,
(ii) Compliance Services, and
(iii) Trust Accounting. A detailed description of each of the above services is contained in Schedules B and C, respectively, to this Agreement.
(b) In connection with providing the services identified above, FMG LLC EIM will also:
(i) provide, without additional cost to the Trust except for out-of-pocket expenses, office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC EIM or a corporate affiliate of FMG LLCEIM);
(ii) In connection with providing the services identified above, EIM will also: provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, the services of individuals to serve as officers of the Trust who will be designated by FMG LLC EIM and elected by the Board subject to reasonable Board approval;, provided, that this provision shall not be construed in a manner that would prohibit the Trust from paying any portion of the compensation of the Trust’s Chief Compliance Officer.
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, personnel sufficient for provision of the services contemplated herein;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, equipment and other materials, which are necessary or desirable for provision of the services contemplated herein; and;
(v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, relating to the services provided hereunder in such form and manner as FMG LLC EIM may deem appropriate or advisable. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC EIM agrees that all such records prepared or maintained by FMG LLC EIM relating to the services provided hereunder are the property of the Trust and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available in accordance with such Section and rules. FMG LLC EIM agrees to make available to the Trust, promptly upon request, any of the Funds’ books and records as are maintained under this Agreement, and to furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the FMG LLCEIM’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably request.
(c) Sub-Contracting. EIM is hereby authorized to retain third parties and is hereby separately authorized to delegate some or all of its duties and obligations hereunder to such person or persons. The compensation of such person or persons shall be paid by EIM, as applicable, and no obligation shall be incurred on behalf of the Trust in such respect (other than reasonable out-of-pocket expenses). EIM shall be liable to the Trust for the acts of such third parties as set forth in Section 6 hereunder. The division of EIM’s duties and obligations hereunder between those to be delegated and those to be performed by EIM shall be in EIM’s sole discretion and may be changed from time to time by EIM. In connection with the delegation of responsibilities to such third parties, EIM will oversee, monitor and assess the performance of delegated functions by each such third party, take reasonable measures to coordinate the activities of such third parties, furnish to the Board periodic reports concerning the performance of delegated responsibilities by those parties, and be responsible for compensating such third parties in the manner specified by the sub-administration (or similar) agreement. In addition, EIM will cause such third parties to: (i) furnish to the Board such statistical information, with respect to the relevant delegated functions, as the Board may reasonably request, (ii) furnish to the Board such periodic and special reports as the Board may reasonably request, and (iii) apprise the Board of important developments materially affecting each Fund or the provision of delegated functions, and furnish the Trust, from time to time, with such information as may be appropriate for this purpose.
Appears in 2 contracts
Sources: Mutual Funds Service Agreement (Eq Advisors Trust), Mutual Funds Service Agreement (Eq Advisors Trust)
Services Provided. (a) Subject to the control, direction and supervision of the Board and in compliance with the objectives, policies and limitations set forth in the Trust’s Registration Statement, Agreement and Declaration of Trust and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC EIM shall have general responsibility for the Trust’s administrative operations and will provide the following services:
(i) Trust Administration,
(ii) Compliance Services, and
(iii) Trust Accounting. A detailed description of each of the above services is contained in Schedules B and C, respectively, to this Agreement.
(b) In connection with providing the services identified above, FMG LLC EIM will also:
(i) provide, without additional cost to the Trust except for out-of-pocket expenses, office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC EIM or a corporate affiliate of FMG LLCEIM);
(ii) In connection with providing the services identified above, EIM will also: provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, the services of individuals to serve as officers of the Trust who will be designated by FMG LLC EIM and elected by the Board subject to reasonable Board approval, provided, that this provision shall not be construed in a manner that would prohibit the Trust from paying any portion of the compensation of the Trust’s Chief Compliance Officer;
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, personnel sufficient for provision of the services contemplated herein;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, equipment and other materials, which are necessary or desirable for provision of the services contemplated herein; and
(v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, relating to the services provided hereunder in such form and manner as FMG LLC EIM may deem appropriate or advisable. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC EIM agrees that all such records prepared or maintained by FMG LLC EIM relating to the services provided hereunder are the property of the Trust and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available in accordance with such Section and rules. FMG LLC EIM agrees to make available to the Trust, promptly upon request, any of the Funds’ books and records as are maintained under this Agreement, and to furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the FMG LLCEIM’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably request.
(c) Sub-Contracting. EIM is hereby authorized to retain third parties and is hereby separately authorized to delegate some or all of its duties and obligations hereunder to such person or persons. The compensation of such person or persons shall be paid by EIM, as applicable, and no obligation shall be incurred on behalf of the Trust in such respect (other than reasonable out-of-pocket expenses). EIM shall be liable to the Trust for the acts of such third parties as set forth in Section 6 hereunder. The division of EIM’s duties and obligations hereunder between those to be delegated and those to be performed by EIM shall be in EIM’s sole discretion and may be changed from time to time by EIM. In connection with the delegation of responsibilities to such third parties, EIM will oversee, monitor and assess the performance of delegated functions by each such third party, take reasonable measures to coordinate the activities of such third parties, furnish to the Board periodic reports concerning the performance of delegated responsibilities by those parties, and be responsible for compensating such third parties in the manner specified by the sub-administration (or similar) agreement. In addition, EIM will cause such third parties to: (i) furnish to the Board such statistical information, with respect to the relevant delegated functions, as the Board may reasonably request, (ii) furnish to the Board such periodic and special reports as the Board may reasonably request, and (iii) apprise the Board of important developments materially affecting each Fund or the provision of delegated functions, and furnish the Trust, from time to time, with such information as may be appropriate for this purpose.
Appears in 2 contracts
Sources: Mutual Funds Service Agreement (Eq Premier Vip Trust), Mutual Funds Service Agreement (1290 Funds)
Services Provided. (a) Subject to the control, direction and supervision of the Board and in compliance with the objectives, policies and limitations set forth in the Trust’s Registration Statement, Agreement and Declaration of Trust and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC Administrator shall have general responsibility for the Trust’s administrative operations and will provide the following services:
(i) Trust Administration,
(ii) Compliance Services, and
(iii) Trust Accounting. A detailed description of each of the above services is contained in Schedules B and C, respectively, to this Agreement.
(b) In connection with providing the services identified above, FMG LLC Administrator will also:
(i) provide, without additional cost to the Trust except for out-of-pocket expenses, office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC Administrator or a corporate affiliate of FMG LLCAdministrator);
(ii) In connection with providing the services identified above, Administrator will also: provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, the services of individuals to serve as officers of the Trust who will be designated by FMG LLC Administrator and elected by the Board subject to reasonable Board approval;, provided, that this provision shall not be construed in a manner that would prohibit the Trust from paying any portion of the compensation of the Trust’s Chief Compliance Officer.
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, personnel sufficient for provision of the services contemplated herein;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, equipment and other materials, which are necessary or desirable for provision of the services contemplated herein; and;
(v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, relating to the services provided hereunder in such form and manner as FMG LLC Administrator may deem appropriate or advisable. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC Administrator agrees that all such records prepared or maintained by FMG LLC Administrator relating to the services provided hereunder are the property of the Trust and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available in accordance with such Section and rules. FMG LLC Administrator agrees to make available to the Trust, promptly upon request, any of the Funds’ books and records as are maintained under this Agreement, and to furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the FMG LLCAdministrator’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably request.
Appears in 2 contracts
Sources: Mutual Funds Service Agreement (Eq Premier Vip Trust), Mutual Funds Service Agreement (1290 Funds)
Services Provided. (a) Subject to the control, direction terms and supervision of the Board and in compliance with the objectives, policies and limitations conditions set forth in this Agreement, Ipanema hereby retains and appoints Utopia as its exclusive agent for the Trust’s Registration Statementpurpose of managing the process of collecting amounts payable to Ipanema in respect of any and all Receivables. Commencing on the date hereof and during the term of this Agreement, Utopia, at no cost or expense to Ipanema or SCOA (other than as provided in this Agreement), shall provide such collection management and other services as may be commercially reasonable to maximize the collection of Receivables on behalf of Ipanema (individually, a "Service", and collectively, the "Services"). Utopia shall maintain adequate sources of funding to support its operations and perform the Services with no less commitment with respect to resources and quality than it would in engaging in the Services for its own account, and in any event shall perform the Services in good faith and in a commercially reasonable manner in accordance with the terms of this Agreement. Ipanema and SCOA recognize and agree that, during the term of this Agreement and Declaration subject to the terms and conditions hereof, Utopia shall have the exclusive right (to the exclusion of Trust Ipanema and By-Laws; applicable laws SCOA) and regulations; responsibility to manage the process of collecting amounts payable to Ipanema in respect of any and all resolutions and policies implemented by Receivables, provided that each party hereto also recognizes that it will be necessary for Utopia to receive the Board, FMG LLC shall have general responsibility for the Trust’s administrative operations and will provide the following services:
(i) Trust Administration,
(ii) Compliance Services, and
(iii) Trust Accounting. A detailed description assistance of each Ipanema personnel who effectively may be performing certain of the above services is contained in Schedules B Services on a day-to-day basis until October 31, 1999. Notwithstanding the foregoing, each party hereto further understands that all rights and C, respectively, responsibilities with respect to this Agreement.
(b) In connection with providing the services identified above, FMG LLC will also:
(i) provide, without additional cost to the Trust except for out-of-pocket expenses, office facilities in an appropriate location ultimate decision making with respect to the provision collection management of all Receivables will be retained by Utopia exclusively, subject to the rights of Ipanema and SCOA hereunder in respect of outsourcing/subcontracting and the arbitration of disputes pursuant to Section 5. Utopia shall grant Markdowns and settle other Customer Liabilities of Ipanema in a commercially reasonable manner. In performing the Services hereunder Utopia shall be permitted to outsource or subcontract with qualified third parties, subject to Ipanema's consent, which shall not be unreasonably withheld, including with Atlas and ACI (parties with whom Ipanema has contracted for similar services contemplated herein (which may be in the offices of FMG LLC or a corporate affiliate of FMG LLCpast);
(ii) provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, the services of individuals to serve as officers of the Trust who will be designated by FMG LLC and elected by the Board subject to reasonable Board approval;
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, personnel sufficient for provision of the services contemplated herein;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, equipment and other materials, which are necessary or desirable for provision of the services contemplated herein; and
(v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, relating to the services provided hereunder in such form and manner as FMG LLC may deem appropriate or advisable. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC agrees that all such records prepared or maintained by FMG LLC relating to the services provided hereunder are the property of the Trust and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available in accordance with such Section and rules. FMG LLC agrees to make available to the Trust, promptly upon request, any of the Funds’ books and records as are maintained under this Agreement, and to furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably request.
Appears in 1 contract
Sources: Collection Services Agreement (Utopia Marketing Inc)
Services Provided. (a) Subject AJCI will provide the following services subject to the control, direction and supervision of the IASI and IMIT's Board and in compliance with the objectives, policies and limitations set forth in the Trust’s IMIT's Registration Statement, Agreement and Declaration of Trust and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC shall have general responsibility for the Trust’s administrative operations and will provide the following services:
(i) Trust Administration,
(ii) Compliance Services, andFund Accounting
(iii) Trust Accounting. Transfer Agency
(iv) Dividend Disbursement A detailed description of each of the above services is contained in Schedules B and schedules B, C, and D respectively, to this Agreement.
(b) In connection with providing the services identified above, FMG LLC AJCI will also:
(i) provide, without additional cost to the Trust except for out-of-pocket expenses, provide office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC AJCI or a corporate affiliate of FMG LLCAJCI );
(ii) provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, provide the services of individuals to serve as officers of the Trust IMIT who will be designated by FMG LLC AJCI with the approval of IASI, and elected by the Board subject to reasonable Board approvalBoard;
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, obtain personnel sufficient for provision of the services contemplated herein;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, furnish equipment and other materials, which AJCI believes are necessary or desirable for provision of the services contemplated herein; and
(v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, records relating to the services provided hereunder in such form and manner as FMG LLC may deem appropriate or advisableset forth in Schedules B, C and D in accordance with the 1940 Act. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC AJCI agrees that all such records prepared or maintained by FMG LLC AJCI relating to the services provided hereunder are the property of the Trust IASI and IMIT and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act Act, maintained at IASI's and/or IMIT's expense, and made available in accordance with such Section and rules. FMG LLC AJCI further agrees to make available surrender promptly to the Trust, promptly IASI or IMIT upon request, any of the Funds’ books its request and cease to retain in its records as are and files those records and documents created and maintained under by AJCI pursuant to this Agreement, and to furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably requestunless otherwise required by law.
Appears in 1 contract
Sources: Mutual Funds Service Agreement (Impact Management Investment Trust)
Services Provided. (a) Subject Chase will provide the following services subject to the control, direction and supervision of UAMFSI and the Fund's Board and in compliance with the objectives, policies and limitations set forth in the Trust’s Fund's Registration Statement, Agreement and Declaration Articles of Trust Incorporation and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC shall have general responsibility for the Trust’s administrative operations and will provide the following services:
(i) Trust Fund Administration,
(ii) Compliance Services, andFund Accounting
(iii) Trust Accounting. Transfer Agency A detailed description of each of the above services is contained in Schedules B and B, C, and D respectively, to this Agreement.
(b) In connection with providing the services identified above, FMG LLC Chase will also:
(i) provide, without additional cost to the Trust except for out-of-pocket expenses, provide office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC Chase or a corporate affiliate of FMG LLCChase );
(ii) provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, provide the services of individuals to serve as officers of the Trust Fund who will be designated by FMG LLC Chase with the approval of UAMFSI, and elected by the Board subject to reasonable Board approvalBoard;
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, obtain personnel sufficient for provision of the services contemplated herein;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, furnish equipment and other materials, which Chase believes are necessary or desirable for provision of the services contemplated herein; and
(v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, records relating to the services provided hereunder in such form and manner as FMG LLC may deem appropriate or advisableset forth in Schedules B, C and D in accordance with the 1940 Act. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC Chase agrees that all such records prepared or maintained by FMG LLC Chase relating to the services provided hereunder are the property of UAMFSI and the Trust Fund and will be preserved for the periods prescribed under Rule 3la-2 31a-2 under the 1940 Act Act, maintained at UAMFSI's and/or the Fund's expense, and made available in accordance with such Section and rules. FMG LLC Chase further agrees to make available surrender promptly to UAMFSI or the Trust, promptly Fund upon request, any of the Funds’ books its request and cease to retain in its records as are and files those records and documents created and maintained under by Chase pursuant to this Agreement, and to furnish to regulatory authorities having the requisite authority any unless otherwise required by law. Upon such books and request, Chase will surrender such records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably requestmutually agreeable electronic format.
Appears in 1 contract
Sources: Mutual Funds Service Agreement (Analytic Optioned Equity Fund Inc)
Services Provided. During the Fulfillment Period (as hereinafter defined), Seller shall provide to Purchaser the following fulfillment services (the "Fulfillment Services") with respect to sales of CGE Products to customers of Division:
(a) Subject Maintain in inventory the CGE Products listed in Schedule A(1) in the quantities set forth on Schedule A, as such CGE Products and such amounts may be amended from time to time by agreement between Seller and Purchaser, which shall consist of CGE Products sold primarily by Division and only incidentally by Seller's retail operations (the "Schedule A Inventory"), but only to the control, direction extent such CGE Products are available from suppliers (it being understood that Seller and supervision of Purchaser shall use their commercially reasonable best efforts to return to the Board and in compliance with supplier any CGE Products that have been deleted from (or the objectives, policies and limitations set forth in the Trust’s Registration Statement, Agreement and Declaration of Trust and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC shall have general responsibility for the Trust’s administrative operations and will provide the following services:
(iamounts reduced on) Trust Administration,
(ii) Compliance Services, and
(iii) Trust Accounting. A detailed description of each of the above services is contained in Schedules B and C, respectively, to this Agreement.Schedule A);
(b) In connection with providing Maintain in inventory an adequate supply of CGE Products listed on Schedule B(2) that are sold by both Division and Seller's retail operations (the services identified above"Schedule B Inventory"), FMG LLC will also:but only to the extent such CGE Products are available from suppliers;
(ic) provideMaintain in inventory an adequate supply of new software products released by publishers during the term hereof that Seller and Purchaser shall identify periodically by mutual agreement (the "New Product Inventory"), without additional cost but only to the Trust except for outextent such new products are available from suppliers (provided that a 50-of-pocket expenses, office facilities in an appropriate location with respect to the provision 50 distribution of the services contemplated herein (which may be in the offices available supply of FMG LLC or a corporate affiliate of FMG LLCany high-demand new products between Seller's retail operations and Division shall constitute an "adequate" supply);
(iid) provideSupply the CGE Products listed in Schedule C, without additional remuneration from or other cost if available in Seller's inventory, but shall have no obligation to the Trust except for out-of-pocket expenses, the services maintain inventories of individuals to serve as officers of the Trust who will be designated by FMG LLC and elected by the Board subject to reasonable Board approvalsuch products;
(iiie) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, personnel sufficient for provision As part of the services contemplated hereinFulfillment Services, Seller will ensure that Purchaser's packing slips, invoices and "remit to" information are included on the cartons shipped pursuant to this Agreement. In this regard, Purchaser will provide Seller with supplies of forms for inclusion with the cartons that conform to, and do not require modification of, Seller's existing software formats and computer system;
(ivf) furnishEnsure the shipment of Schedule A Inventory, at no additional cost Schedule B Inventory and New Product Inventory products (in the case of the Schedule B Inventory and New Product Inventory to the Trust except extent available from suppliers) to customers of Division such that 98% of orders for out-of-pocket expensessuch products received prior to 2:00 p.m., equipment Spokane time, --------------------------
(1) Seller and other materialsPurchaser will agree, which are necessary or desirable for provision prior to the Closing Date, on a subset of the services contemplated hereinCGE Products that will be listed on Schedule A.
(2) Seller and Purchaser will agree, prior to the Closing Date, on a subset of the CGE Products that will be listed on Schedule B. for fulfillment are accurately filled and shipped on the same day that such orders are received; provided that such products are available in Seller's inventory;
(g) Process invoices relating to orders shipped pursuant to this Section 1.1. Customer returns, customer credits and price adjustments for products shipped by Seller pursuant to this Agreement during the Fulfillment Period shall be the sole responsibility of Purchaser. Seller will cooperate with Purchaser and will use commercially reasonable best efforts to assist Purchaser in obtaining credits from vendors for returns for any products not authorized for sale by Purchaser but shipped by Seller pursuant to this Agreement during the Fulfillment Period; and
(vh) keep recordsProvide Purchaser with reports on the Fulfillment Services in the same reporting formats, at with the same detail, with the same frequency and promptness and for the same time periods as historically prepared by Seller for Division prior to Closing. Purchaser understands and agrees that (i) Seller will have no additional cost obligation to maintain in inventory or otherwise make available any products not listed on Schedule A, Schedule B or Schedule C or included in New Product Inventory, and that Purchaser will obtain any such products ("special orders") from other sources, and (ii) Purchaser assumes responsibility for all special order processing. In connection with special order processing, Purchaser will be responsible for locating such products and arranging for shipment of such products to Seller's warehouse. Seller will process such products in Seller's inventory and will ship such products to the Trust except for out-of-pocket expenses, relating to the services provided hereunder in such form and manner as FMG LLC may deem appropriate or advisable. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC agrees that all such records prepared or maintained by FMG LLC relating to the services provided hereunder are the property of the Trust and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available customer in accordance with such Section and rulesthe terms of this Agreement. FMG LLC Purchaser agrees to make available pay to Seller the Trust, promptly upon request, any of the Funds’ books and records as are maintained under this Agreement, and to furnish to regulatory authorities having the requisite authority any per carton fee set forth in Section 4(a) for all such books and records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably requestorders processed by Seller.
Appears in 1 contract
Services Provided. (a) Subject to the control, direction and supervision of the Board and in compliance with the objectives, policies and limitations set forth in the TrustCorporation’s Registration Statement, Agreement and Declaration Articles of Trust Incorporation and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC AXA Equitable shall have general responsibility for the Trustoversight of the Corporation’s administrative accounting and compliance monitoring operations and will provide the following services:
(i) Trust Administration,Compliance Services , and
(ii) Compliance Services, and
(iii) Trust Corporation Accounting. A detailed description of each of the above services is contained in Schedules B and C, respectively, to this Agreement.
(b) In connection with providing the services identified above, FMG LLC AXA Equitable will also:
(i) provide, without additional cost to the Trust Corporation except for out-of-pocket expenses, office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC AXA Equitable or a corporate affiliate of FMG LLCAXA Equitable);
(ii) provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, the services of individuals to serve as officers of the Trust who will be designated by FMG LLC and elected by the Board subject to reasonable Board approval;
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust Corporation except for out-of-pocket expenses, personnel sufficient for provision of the services contemplated herein;
(iviii) furnish, at no additional cost to the Trust Corporation except for out-of-pocket expenses, equipment and other materials, which are necessary or desirable for provision of the services contemplated herein; and
(viv) keep records, at no additional cost to the Trust Corporation except for out-of-pocket expenses, relating to the services provided hereunder in such form and manner as FMG LLC AXA Equitable may deem appropriate or advisable. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC AXA Equitable agrees that all such records prepared or maintained by FMG LLC AXA Equitable relating to the services provided hereunder are the property of the Trust Corporation and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available in accordance with such Section and rules.
(c) Sub-Contracting. FMG LLC agrees AXA Equitable is hereby authorized to make available retain third parties and is hereby separately authorized to delegate some or all of its duties and obligations hereunder to such person or persons. The compensation of such person or persons shall be paid by AXA Equitable, as applicable, and no obligation shall be incurred on behalf of the Corporation in such respect. AXA Equitable shall be liable to the Trust, promptly upon request, any Corporation for the acts of the Funds’ books such third parties as set forth in Section 6 hereunder. The division of AXA Equitable’s duties and records as are maintained under this Agreement, obligations hereunder between those to be delegated and those to furnish to regulatory authorities having the requisite authority any such books be performed by AXA Equitable shall be in AXA Equitable’s sole discretion and records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order changed from time to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably requesttime by AXA Equitable.
Appears in 1 contract
Services Provided. BMTS shall, subject to the terms and conditions hereof, and the limitations of MedClean’s ByLaws and Articles of Incorporation and applicable law, perform, at MedClean’s expense, all desirable or necessary business functions for and on behalf of MedClean in substantially the manner previously conducted, including specifically, but not limited to, the following (collectively, the “Services”):
(a) Subject implement and supervise MedClean’s performance under existing contracts, and procure and perform new contracts, leases and product and technology licenses on behalf of MedClean, in the ordinary and normal course of business, (all parties understanding that MedClean executive officers shall remain responsible for all SEC compliance and Merger activity on behalf of MedClean until merger is complete);
(b) accept and receive notes, drafts, checks, bills of exchange and commercial papers; purchase insurance: and supervise accounting, disbursing, and payroll services;
(c) pay and discharge out of funds available there for the accounts payable, notes, and other obligations and liabilities of MedClean;
(d) furnish MedClean’s Board of Directors and executive officers all pertinent reports and information with respect to the controlprogress of MedClean’s business on a monthly basis;
(e) employ personnel required for MedClean operations, direction planning and supervision administration pertaining to labor relations, salaries, wages, working conditions, hours of work, termination of employment, employee benefits, safety, recruiting, housing and related matters pertaining to such employees;
(f) purchase, rent or otherwise acquire machinery, equipment and facilities for the conduct of the Board business of MedClean and sell, abandon or otherwise dispose of items of machinery, equipment or fixtures that are worn out, obsolete or no longer useful in compliance the conduct of the business of MedClean.
(g) purchase such materials, supplies and services as may be needed or required in connection with the objectives, policies operations of MedClean;
(h) prepare and limitations set forth in the Trust’s Registration Statement, Agreement file with all appropriate governmental authorities any tax and Declaration other reports concerning operations of Trust and By-Laws; applicable laws and regulations; and all resolutions and policies implemented MedClean required by the Board, FMG LLC shall have general responsibility for the Trust’s administrative operations and will provide the following services:law;
(i) Trust Administration,
(ii) Compliance Services, and
(iii) Trust Accounting. A detailed description of each of the above services is contained in Schedules B and C, respectivelydisburse funds, to this Agreement.
(b) In connection with providing the services identified aboveextent available, FMG LLC will also:
(i) provide, without additional cost to the Trust except for out-of-pocket expenses, office facilities in an appropriate location with respect to the provision any taxes imposed on MedClean by virtue of the services contemplated herein (which may be in the offices its conduct of FMG LLC or a corporate affiliate of FMG LLC)its business;
(iij) providesecure and maintain insurance covering insurable risks of MedClean, without additional remuneration from including risks growing out of personal injuries to or against its employees or others, risks of fire. and other cost risks ordinarily insured against in similar operations, and adjusting losses and claims pertaining to the Trust except for out-of-pocket expenses, the services or rising out of individuals to serve as officers of the Trust who will be designated by FMG LLC and elected by the Board subject to reasonable Board approvalsuch insurance;
(iiik) provide or otherwise obtain, without additional remuneration from or other cost comply with all laws applicable to the Trust except for out-of-pocket expenses, personnel sufficient for provision MedClean by virtue of the services contemplated hereinoperation of the business of MedClean, including particularly laws relating to safety requirements, working conditions, and compensation and benefits to employees;
(iv1) furnishapply to appropriate governmental bodies for permits, at no additional cost licenses and approvals necessary to accomplish the Trust except for out-of-pocket expensespowers and duties of MedClean herein set forth and the filing of all reports and notices with such governmental bodies as arc required by law;
(m) keep full and accurate accounts of all business transactions entered into on behalf of ▇▇▇▇▇▇▇▇;
(n) prosecute and defend lawsuits, equipment as necessary, to establish and other materials, which are necessary protect the rights of MedClean or desirable for provision to establish or protect the validity of the services contemplated hereintitle to MedClean’s real or personal property; and
(vo) keep records, BMTS and MedClean shall jointly prepare quarterly capital and operating budgets for review with MedClean’s Board of Directors at no additional cost to a business review meeting and upon request by the Trust except for out-of-pocket expenses, relating to the services provided hereunder in such form and manner as FMG LLC may deem appropriate or advisable. To the extent required by Section 31 MedClean Board of the 1940 Act and the rules thereunder, FMG LLC agrees that all such records prepared or maintained by FMG LLC relating to the services provided hereunder are the property of the Trust and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available in accordance with such Section and rules. FMG LLC agrees to make available to the Trust, promptly upon request, any of the Funds’ books and records as are maintained under this Agreement, and to furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably requestDirectors.
Appears in 1 contract
Sources: Management Agreement
Services Provided. (a) Subject Chase will provide the following services subject to the control, direction and supervision of UAMFSI and the Trust's Board and in compliance with the objectives, policies and limitations set forth in the Trust’s 's Registration Statement, Agreement and Declaration Articles of Trust Incorporation and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC shall have general responsibility for the Trust’s administrative operations and will provide the following services:
(i) Trust Fund Administration,
(ii) Compliance Services, andFund Accounting
(iii) Trust Accounting. Transfer Agency A detailed description of each of the above services is contained in Schedules B and B, C, and D respectively, to this Agreement.
(b) In connection with providing the services identified above, FMG LLC Chase will also:
(i) provide, without additional cost to the Trust except for out-of-pocket expenses, provide office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC Chase or a corporate affiliate of FMG LLCChase );
(ii) provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, provide the services of individuals to serve as officers of the Trust who will be designated by FMG LLC Chase with the approval of UAMFSI, and elected by the Board subject to reasonable Board approvalBoard;
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, obtain personnel sufficient for provision of the services contemplated herein;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, furnish equipment and other materials, which Chase believes are necessary or desirable for provision of the services contemplated herein; and
(v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, records relating to the services provided hereunder in such form and manner as FMG LLC may deem appropriate or advisableset forth in Schedules B, C and D in accordance with the 1940 Act. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC Chase agrees that all such records prepared or maintained by FMG LLC Chase relating to the services provided hereunder are the property of UAMFSI and the Trust and will be preserved for the periods prescribed under Rule 3la-2 31a-2 under the 1940 Act Act, maintained at UAMFSI's and/or the Trust's expense, and made available in accordance with such Section and rules. FMG LLC Chase further agrees to make available surrender promptly to UAMFSI or the Trust, promptly Trust upon request, any of the Funds’ books its request and cease to retain in its records as are and files those records and documents created and maintained under by Chase pursuant to this Agreement, and to furnish to regulatory authorities having the requisite authority any unless otherwise required by law. Upon such books and request, Chase will surrender such records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably requestmutual agreeable electronic format.
Appears in 1 contract
Sources: Mutual Funds Service Agreement (Pra Securities Trust /)
Services Provided. BMTS shall, subject to the terms and conditions hereof, and the limitations of MedClean’s ByLaws and Articles of Incorporation and applicable law, perform, at MedClean’s expense, all desirable or necessary business functions for and on behalf of MedClean in substantially the manner previously conducted, including specifically, but not limited to, the following (collectively, the “Services”):
(a) Subject implement and supervise MedClean’s performance under existing contracts, and procure and perform new contracts, leases and product and technology licenses on behalf of MedClean, in the ordinary and normal course of business, (all parties understanding that MedClean executive officers shall remain responsible for all SEC compliance and Merger activity on behalf of MedClean until merger is complete);
(b) accept and receive notes, drafts, checks, bills of exchange and commercial papers; purchase insurance: and supervise accounting, disbursing, and payroll services;
(c) pay and discharge out of funds available there for the accounts payable, notes, and other obligations and liabilities of MedClean;
(d) furnish MedClean’s Board of Directors and executive officers all pertinent reports and information with respect to the controlprogress of MedClean’s business on a monthly basis;
(e) employ personnel required for MedClean operations, direction planning and supervision administration pertaining to labor relations, salaries, wages, working conditions, hours of work, termination of employment, employee benefits, safety, recruiting, housing and related matters pertaining to such employees;
(f) purchase, rent or otherwise acquire machinery, equipment and facilities for the conduct of the Board business of MedClean and sell, abandon or otherwise dispose of items of machinery, equipment or fixtures that are worn out, obsolete or no longer useful in compliance the conduct of the business of MedClean.
(g) purchase such materials, supplies and services as may be needed or required in connection with the objectives, policies operations of MedClean;
(h) prepare and limitations set forth in the Trust’s Registration Statement, Agreement file with all appropriate governmental authorities any tax and Declaration other reports concerning operations of Trust and By-Laws; applicable laws and regulations; and all resolutions and policies implemented MedClean required by the Board, FMG LLC shall have general responsibility for the Trust’s administrative operations and will provide the following services:law;
(i) Trust Administration,
(ii) Compliance Services, and
(iii) Trust Accounting. A detailed description of each of the above services is contained in Schedules B and C, respectivelydisburse funds, to this Agreement.
(b) In connection with providing the services identified aboveextent available, FMG LLC will also:
(i) provide, without additional cost to the Trust except for out-of-pocket expenses, office facilities in an appropriate location with respect to the provision any taxes imposed on MedClean by virtue of the services contemplated herein (which may be in the offices its conduct of FMG LLC or a corporate affiliate of FMG LLC)its business;
(iij) providesecure and maintain insurance covering insurable risks of MedClean, without additional remuneration from including risks growing out of personal injuries to or against its employees or others, risks of fire. and other cost risks ordinarily insured against in similar operations, and adjusting losses and claims pertaining to the Trust except for out-of-pocket expenses, the services or rising out of individuals to serve as officers of the Trust who will be designated by FMG LLC and elected by the Board subject to reasonable Board approvalsuch insurance;
(iiik) provide or otherwise obtain, without additional remuneration from or other cost comply with all laws applicable to the Trust except for out-of-pocket expenses, personnel sufficient for provision MedClean by virtue of the services contemplated hereinoperation of the business of MedClean, including particularly laws relating to safety requirements, working conditions, and compensation and benefits to employees;
(iv1) furnishapply to appropriate governmental bodies for permits, at no additional cost licenses and approvals necessary to accomplish the Trust except for out-of-pocket expensespowers and duties of MedClean herein set forth and the filing of all reports and notices with such governmental bodies as arc required by law;
(m) keep full and accurate accounts of all business transactions entered into on behalf of MedClean;
(n) prosecute and defend lawsuits, equipment as necessary, to establish and other materials, which are necessary protect the rights of MedClean or desirable for provision to establish or protect the validity of the services contemplated hereintitle to MedClean’s real or personal property; and
(vo) keep records, BMTS and MedClean shall jointly prepare quarterly capital and operating budgets for review with MedClean’s Board of Directors at no additional cost to a business review meeting and upon request by the Trust except for out-of-pocket expenses, relating to the services provided hereunder in such form and manner as FMG LLC may deem appropriate or advisable. To the extent required by Section 31 MedClean Board of the 1940 Act and the rules thereunder, FMG LLC agrees that all such records prepared or maintained by FMG LLC relating to the services provided hereunder are the property of the Trust and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available in accordance with such Section and rules. FMG LLC agrees to make available to the Trust, promptly upon request, any of the Funds’ books and records as are maintained under this Agreement, and to furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably requestDirectors.
Appears in 1 contract
Services Provided. (a) Subject to the control, direction and supervision of the Board and in compliance with the objectives, policies and limitations set forth in the Trust’s 's Registration Statement, Agreement and Declaration of Trust and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC Equitable shall have general responsibility for the oversight of the Trust’s 's administrative operations and will provide the following services:
(i) Trust Administration,
(ii) Compliance ServicesServices , and
(iii) Trust Accounting. A detailed description of each of the above services is contained in Schedules B and C, respectively, to this Agreement.
(b) In connection with providing the services identified above, FMG LLC Equitable will also:
(i) provide, without additional cost to the Trust except for out-of-pocket expenses, office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC Equitable or a corporate affiliate of FMG LLCEquitable);
(ii) provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, the services of individuals to serve as officers of the Trust who will be designated by FMG LLC Equitable and elected by the Board subject to reasonable Board approval;
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, personnel sufficient for provision of the services contemplated hereinHEREIN;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, equipment and other materials, which are necessary or desirable for provision of the services contemplated herein; and
(v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, relating to the services provided hereunder in such form and manner as FMG LLC Equitable may deem appropriate or advisable. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC Equitable agrees that all such records prepared or maintained by FMG LLC Equitable relating to the services provided hereunder are the property of the Trust and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available in accordance with such Section and rules. FMG LLC agrees to make available to the Trust, promptly upon request, any of the Funds’ books and records as are maintained under this Agreement, and to furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably request.
Appears in 1 contract
Services Provided. (a) Subject Chase will provide the following services subject to the control, direction and supervision of UAMFSI and the Fund's Board and in compliance with the objectives, policies and limitations set forth in the Trust’s Fund's Registration Statement, Agreement and Declaration Articles of Trust Incorporation and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC shall have general responsibility for the Trust’s administrative operations and will provide the following services:
(i) Trust Fund Sub-Administration,
(ii) Compliance Services, andSub-Accounting
(iii) Trust Accounting. Sub-Transfer Agency A detailed description of each of the above services is contained in Schedules B and B, C, and D respectively, to this Agreement.
(b) In connection with providing the services identified above, FMG LLC Chase will also:
(i) provide, without additional cost to the Trust except for out-of-pocket expenses, provide office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC Chase or a corporate affiliate of FMG LLCChase);
(ii) provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, provide the services of individuals to serve as officers of the Trust Fund who will be designated by FMG LLC Chase with the approval of UAMFSI, and elected by the Board subject to reasonable Board approvalBoard;
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, obtain personnel sufficient for provision of the services contemplated herein;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, furnish equipment and other materials, which Chase believes are necessary or desirable for provision of the services contemplated herein; and
(v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, records relating to the services provided hereunder in such form and manner as FMG LLC may deem appropriate or advisableset forth in Schedules B, C and D in accordance with the 1940 Act. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC Chase agrees that all such records prepared or maintained by FMG LLC Chase relating to the services provided hereunder are the property of UAMFSI and the Trust Fund and will be preserved for the periods prescribed under Rule 3la-2 31a-2 under the 1940 Act Act, maintained at UAMFSI's and/or the Fund's expense, and made available in accordance with such Section and rules. FMG LLC Chase further agrees to make available surrender promptly to UAMFSI or the TrustFund upon its request and cease to retain in its records and files those records and documents created and maintained by Chase pursuant to this Agreement, promptly unless otherwise required by law. Chase will provide a copy of such records to UAMFSI, upon request, any of the Funds’ books and records as are maintained under this Agreement, and to furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably requestmutually agreed upon electronic format.
Appears in 1 contract
Services Provided. (a) Subject Chase will provide the following services subject to the control, direction and supervision of UAMFSI and the Fund's Board and in compliance with the objectives, policies and limitations set forth in the Trust’s Fund's Registration Statement, Agreement and Declaration Articles of Trust Incorporation and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC shall have general responsibility for the Trust’s administrative operations and will provide the following services:
(i) Trust Fund Sub-Administration,
(ii) Compliance Services, andSub- Accounting
(iii) Trust Accounting. Sub-Transfer Agency A detailed description of each of the above services is contained in Schedules B and B, C, and D respectively, to this Agreement.
(b) In connection with providing the services identified above, FMG LLC Chase will also:
(i) provide, without additional cost to the Trust except for out-of-pocket expenses, provide office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC Chase or a corporate affiliate of FMG LLCChase );
(ii) provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, provide the services of individuals to serve as officers of the Trust Fund who will be designated by FMG LLC Chase with the approval of UAMFSI, and elected by the Board subject to reasonable Board approvalBoard;
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, obtain personnel sufficient for provision of the services contemplated herein;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, furnish equipment and other materials, which Chase believes are necessary or desirable for provision of the services contemplated herein; and
(v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, records relating to the services provided hereunder in such form and manner as FMG LLC may deem appropriate or advisableset forth in Schedules B, C and D in accordance with the 1940 Act. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC Chase agrees that all such records prepared or maintained by FMG LLC Chase relating to the services provided hereunder are the property of UAMFSI and the Trust Fund and will be preserved for the periods prescribed under Rule 3la-2 31a-2 under the 1940 Act Act, maintained at UAMFSI's and/or the Fund's expense, and made available in accordance with such Section and rules. FMG LLC Chase further agrees to make available surrender promptly to UAMFSI or the TrustFund upon its request and cease to retain in its records and files those records and documents created and maintained by Chase pursuant to this Agreement, promptly unless otherwise required by law. Chase will provide a copy of such records to UAMFSI, upon request, any of the Funds’ books and records as are maintained under this Agreement, and to furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably requestmutually agreed upon electronic format.
Appears in 1 contract
Services Provided. 1.1 During the period commencing on the Distribution Date (as defined in the SDA) and ending on the Initial Termination Date (as defined below), as such date may be extended hereunder (but not later than the Final Termination Date (as defined below)), and subject to the terms hereof, PPD shall provide to Furiex, or at PPD’s option shall cause one or more of its Subsidiaries or one or more third parties to provide to Furiex, the services and functions generally described in Annex A to this Agreement and as more particularly described in individual Transition Agreements (each a “Service” and collectively, the “Services”).
1.2 PPD and Furiex shall negotiate in good faith more detailed descriptions of the Services, including those activities necessary to transition the Services to Furiex, and any additional Services agreed upon by the parties, in various sub-transition agreements (“Transition Agreements” or “TAs”), and any services or functions jointly agreed to by PPD and Furiex in such TAs will be deemed part of the Services. The Services shall not include the exercise of business judgment or general management for Furiex.
1.3 Except as otherwise provided in this Section 1.3, PPD shall not be required to provide any Service to the extent: (a) Subject to that the control, direction and supervision performance of the Board and in compliance with the objectives, policies and limitations set forth in the Trust’s Registration Statement, Agreement and Declaration of Trust and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC shall have general responsibility for the Trust’s administrative operations and will provide the following services:
Service would (i) Trust Administration,
require PPD or any of its Subsidiaries to violate any applicable Law (including any applicable codes or standards of conduct established by any Governmental Entity with respect to their activities subject to the jurisdiction of such Governmental Entity) or any internal policy reasonably adopted in order to comply with any applicable Law, (ii) Compliance Servicesresult in the breach of any software license, and
lease or other Contract, or (iii) Trust Accounting. A detailed description require prior approval of each of a Governmental Entity (except to the above services is contained in Schedules B and C, respectively, to this Agreement.
extent such approval has already been obtained); or (b) that PPD cannot provide such Service due to a Force Majeure Event (as defined below), provided, however that PPD shall resume such Service as soon as practicable after such Force Majeure Event. In connection with providing the services identified aboveevent that there is nonperformance of any Service pursuant to this Section 1.3 PPD and Furiex agree to work together in good faith to arrange for an alternative means by which Furiex may obtain, FMG LLC will also:
(i) provide, without additional at its sole cost to the Trust except for out-of-pocket expenses, office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC or a corporate affiliate of FMG LLC);
(ii) provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expensesand expense, the services of individuals to serve as officers of the Trust who will be designated by FMG LLC and elected by the Board subject to reasonable Board approval;
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, personnel sufficient for provision of the services contemplated herein;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, equipment and other materials, which are necessary or desirable for provision of the services contemplated herein; and
(v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, relating to the services provided hereunder in such form and manner as FMG LLC may deem appropriate or advisableService so affected. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC agrees that all such records prepared or maintained by FMG LLC relating to the services provided hereunder are the property of the Trust and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available in accordance PPD shall cooperate with such Section and rules. FMG LLC agrees to make available to the Trust, promptly upon request, any of the Funds’ books and records as are maintained under this Agreement, and to furnish to regulatory authorities having the requisite authority any such books and records and any information or reports Furiex in connection with the FMG LLC’s services under this Agreement that may be requested in order to ascertain whether the operations performance of the Trust are being conducted in Services, including producing on a manner consistent with applicable laws timely basis all Contracts, documents and regulations; andother information reasonably requested.
(vi) regularly report to 1.4 Furiex shall receive the Board on the services provided Services under this Agreement and furnish the TAs. PPD shall perform or shall cause its Subsidiaries to perform the Board Services for Furiex in accordance with the terms of this Agreement and the applicable TA. Each such periodic TA will incorporate the terms and special reports conditions of this Agreement by reference, and will not deviate from such terms, except as expressly set forth in each such TA. Each TA shall be considered an exhibit to this Agreement and not a stand-alone agreement. Unless otherwise expressly agreed in writing by the Parties, all invoices for such Services will be paid by Furiex in accordance with respect to the Funds as the Board may reasonably requestSection 3 below.
Appears in 1 contract
Sources: Transition Services Agreement
Services Provided. (a. Customer Drop-off
1. The Program Drop-off Area shall be open during all regular operating hours of the Site. See Appendix A.
2. The Materials accepted at the Program Drop-off Area include:
a) Subject Empty beer, wine and spirit containers as designated as The Beer Store packaging or by the Ontario Regulation 13/07 “Ontario Deposit Return Program” or its amended or replacement regulation.
b) All boxes, bags, lids, caps, carriers and containers dropped off by Customers in relation to the controlProgram.
c) See Appendix C for a complete list of acceptable Materials including sorting and packing requirements.
3. The Service Provider cannot exclude any individual items (for example, direction glass wine bottles) from the list of acceptable Materials.
4. The Service Provider can provide on-site collection bins (for example “Rubbermaid” totes, bins, barrels, half-barrels, drums, etc.) with prior approval by the Environmental Manager.
5. These on-site collection bins cannot interfere with regular Customer traffic, including accessing Blue Box 40-yard roll-off bins, nor should they impede waste collection vehicles, snowplows, etc.
6. The Service Provider shall retain ownership and supervision maintenance of on-site collection bins provided by the Service Provider, and pre- approved by the Environmental Manager, unless such on-site collection bins are deemed abandoned and then they shall become property of the Board Municipality.
7. The Municipality and in compliance with the objectives, policies and limitations set forth in the Trust’s Registration Statement, Agreement and Declaration of Trust and ByService Provider will develop a Site map indicating where any on-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC shall have general responsibility for the Trust’s administrative operations and site collection bins are to be to placed. This will provide the following services:
(i) Trust Administration,
(ii) Compliance Services, and
(iii) Trust Accounting. A detailed description of each of the above services is contained in Schedules form Appendix B and C, respectively, to this Agreement. The placement of on-site collection bins cannot be altered without written agreement by the Environmental Manager, and Appendix B of this Agreement is revised.
8. In the case of an urgent or emergency need to close the Program Drop-off Area, the Service Provider will notify the Environmental Manager and onsite Landfill Attendants immediately, and the Service Provider shall post a notice at the Program Drop-off Area.
9. Should the Municipality require that collection be discontinued temporarily (b) In connection with providing for example, due to wildlife on site), the services identified aboveService Provider shall be notified immediately and would be responsible for any actions needed to close the Program Drop-off Area.
10. If the Program Drop-off Area is closed, FMG LLC temporarily or indefinitely, deposit return containers will also:
(i) providebe placed in Blue Box 40-yard roll-off bins, without additional cost no compensation will be provided to the Trust except Service Provider for outthe value of such containers.
11. Signage notifying Customers that the Program Drop-ofoff Area is closed shall indicate that items should be placed in appropriate Blue Box 40-pocket expensesyard roll-off bins, office facilities and state the location of the nearest alternative The Beer Store for drop-off.
b. Handling of Materials
1. Municipality and contractor staff will not handle any Materials placed inside Program Drop-off Area unless there is a threat to health, safety, site operations that necessitate such.
2. If a Customer places Materials in an appropriate Blue Box or Garbage 40-yard roll-off bin(s), the Service Provider and its Workers will NOT remove the Materials from the Blue Box or Garbage 40-yard roll-off bin(s).
c. Expected Hours of Work
1. During summer operating hours (May 1 to September 30), the Service Provider is required to remove all Materials from the Program Drop-off Area at least once a day, including Statutory Holidays.
2. During winter operating hours (October 1 to April 30), the Service Provider is required to remove all Materials from the Program Drop-off Area at least once a week.
d. Sorting and Transferring Materials
1. The Service Provider agrees to not sort Materials at the Program Drop-off Area or the Waste Disposal Site, but instead sort Materials at a location with respect off-site of their choosing. The Service Provider will confidentially provide the address of its sorting location to the provision Environmental Manager.
2. The Service Provider will use a licensed and insured vehicle to transfer Materials off-site for sorting.
3. The Service Provider will use a licensed and insured vehicle to transfer sorted Materials to The Beer Store or The Beer Store Bulk Return Location.
4. The Service Provider agrees to sort Materials based on requirements of The Beer Store or The Beer Store Bulk Return Location.
e. Site Access
1. The Service Provider shall only have access to the Site during normal operating hours of the services contemplated herein Site.
2. The Service Provider and its Workers accessing the Site must sign-in on entry, and sign-out on exit, with the Site’s Landfill Attendant.
3. The Service Provider will not be issued a Site key.
4. Before leaving the Site, the Service Provider shall ensure the Program Drop-off Area is cleared of Materials, equipment or supplies to allow for maintenance, plowing, sanding, dust control, and other roadway operations.
f. Site Facilities
1. The Service Provider and its Workers will have access to on-site portable toilets.
2. The Service Provider and its Workers will not be able to access the on-site office, maintenance buildings, or other structures.
g. Site Maintenance
1. The Service Provider shall ensure the appearance of the Program Drop-off Area is clean and orderly.
2. The Service Provider shall remove all litter from the Program Drop-off Area on a regular basis, and place said litter in the appropriate Blue Box or Garbage 40-yard roll-off bins.
3. The Service Provider will ensure access to the Program Drop-off Area is kept free and clear of snow and ice accumulations.
4. The Service Provider can access winter-sand on Site provided by the Municipality for pedestrian traction.
5. Should there be any issues so far as maintenance of the Program Drop-off Area, the Municipality shall contact the Service Provider. If the Municipality is required to maintain the Program Drop-off Area to meet Site standards (which including, but not limited to, those as mandated by the site Environmental Compliance Approval (ECA)), a charge may be in the offices of FMG LLC or a corporate affiliate of FMG LLC);
(ii) provide, without additional remuneration from or other cost levied to the Trust except Service Provider pay for out-of-pocket expenses, the services of individuals to serve as officers of the Trust who will be designated by FMG LLC and elected work conducted by the Board subject to reasonable Board approval;
Municipality. Municipality time shall be charged at current rates, as determined by the Municipality. A minimum one (iii1) provide or otherwise obtainhour charge shall apply for Municipality staff time during regular working hours. Premium charges will apply for evening, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, personnel sufficient for provision of the services contemplated herein;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, equipment weekend and other materials, which are necessary or desirable for provision of the services contemplated herein; and
(v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, relating to the services provided hereunder in such form and manner as FMG LLC may deem appropriate or advisable. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC agrees that all such records prepared or maintained by FMG LLC relating to the services provided hereunder are the property of the Trust and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available in accordance with such Section and rules. FMG LLC agrees to make available to the Trust, promptly upon request, any of the Funds’ books and records as are maintained under this Agreement, and to furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably requestholiday hours.
Appears in 1 contract
Sources: Empty Beer, Wine & Spirit Containers Recycling Take Back Agreement
Services Provided. (a) Subject to the control, direction and supervision of the Board and in compliance with the objectives, policies and limitations set forth in the TrustCorporation’s Registration Statement, Agreement and Declaration Articles of Trust Incorporation and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC AXA Equitable shall have general responsibility for the Trustoversight of the Corporation’s administrative accounting and compliance monitoring operations and will provide the following services:
(i) Trust Administration,
(ii) Compliance Services, and
(iiiii) Trust Corporation Accounting. A detailed description of each of the above services is contained in Schedules B and C, respectively, to this Agreement.
(b) In connection with providing the services identified above, FMG LLC AXA Equitable will also:
(i) provide, without additional cost to the Trust Corporation except for out-of-pocket expenses, office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC AXA Equitable or a corporate affiliate of FMG LLCAXA Equitable);
(ii) provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, the services of individuals to serve as officers of the Trust who will be designated by FMG LLC and elected by the Board subject to reasonable Board approval;
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust Corporation except for out-of-pocket expenses, personnel sufficient for provision of the services contemplated herein;
(iviii) furnish, at no additional cost to the Trust Corporation except for out-of-pocket expenses, equipment and other materials, which are necessary or desirable for provision of the services contemplated herein; and
(viv) keep records, at no additional cost to the Trust Corporation except for out-of-pocket expenses, relating to the services provided hereunder in such form and manner as FMG LLC AXA Equitable may deem appropriate or advisable. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC AXA Equitable agrees that all such records prepared or maintained by FMG LLC AXA Equitable relating to the services provided hereunder are the property of the Trust Corporation and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available in accordance with such Section and rules.
(c) Sub-Contracting. FMG LLC agrees AXA Equitable is hereby authorized to make available retain third parties and is hereby separately authorized to delegate some or all of its duties and obligations hereunder to such person or persons. The compensation of such person or persons shall be paid by AXA Equitable, as applicable, and no obligation shall be incurred on behalf of the Corporation in such respect. AXA Equitable shall be liable to the Trust, promptly upon request, any Corporation for the acts of the Funds’ books such third parties as set forth in Section 6 hereunder. The division of AXA Equitable’s duties and records as are maintained under this Agreement, obligations hereunder between those to be delegated and those to furnish to regulatory authorities having the requisite authority any such books be performed by AXA Equitable shall be in AXA Equitable’s sole discretion and records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order changed from time to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably requesttime by AXA Equitable.
Appears in 1 contract
Services Provided. (a) Subject to the control, direction and supervision of the Board and in compliance with the objectives, policies and limitations set forth in the Trust’s Registration Statement, Agreement and Declaration of Trust and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC shall have general responsibility for the Trust’s administrative operations and will provide the following services:
(i) Trust Administration,
(ii) Compliance Services, and
(iii) Trust Accounting. A detailed description of each of the above services is contained in Schedules B and C, respectively, to this Agreement.
(b) In connection with providing the services identified above, FMG LLC will also:
(i) provide, without additional cost to the Trust except for out-of-pocket expenses, office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC or a corporate affiliate of FMG LLC);
(ii) In connection with providing the services identified above, FMG LLC will also: provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, the services of individuals to serve as officers of the Trust who will be designated by FMG LLC and elected by the Board subject to reasonable Board approval, provided, that this provision shall not be construed in a manner that would prohibit the Trust from paying any portion of the compensation of the Trust’s Chief Compliance Officer;
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, personnel sufficient for provision of the services contemplated herein;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, equipment and other materials, which are necessary or desirable for provision of the services contemplated herein; and
(v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, relating to the services provided hereunder in such form and manner as FMG LLC may deem appropriate or advisable. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC agrees that all such records prepared or maintained by FMG LLC relating to the services provided hereunder are the property of the Trust and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available in accordance with such Section and rules. FMG LLC agrees to make available to the Trust, promptly upon request, any of the Funds’ books and records as are maintained under this Agreement, and to furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably request.
Appears in 1 contract
Sources: Mutual Funds Service Agreement (Axa Premier Vip Trust)
Services Provided. (a) Subject LUSTROS hereby contracts the Services of SULFATOS, who accepts and is obligated to provide said Services in a timely manner and in the agreed manner, being obligated to transform the Raw Materials that LUSTROS provides to it to produce CS according to the controlspecifications and standards of LUSTROS, direction and supervision of the Board in a condition to be sold to third parties. The CS final product will be delivered in a timely manner by SULFATOS to third parties as indicated by LUSTROS in containers, also as indicated by LUSTROS, in conditions to be transported securely and in compliance with existing norms. In the objectivesevent the CS products produced by SULFATOS do not comply with the quality specifications and standards of LUSTROS, policies SULFATOS will indemnify LUSTROS for all damages that may arise for the latter as a consequence thereof. The Services will be provided by SULFATOS to LUSTROS in the Plant, place in which SULFATOS is furthermore obligated to:
a) receive and limitations properly store the Raw Materials provided by LUSTROS for the fulfillment of obligations contracted by virtue of this contract, complying with the highest industry standards;
b) adequately store the CS product that is produced as a result of the corresponding industrial process, complying with the highest industry standards;
c) carry out, at its responsibility and cost, all technical analysis necessary with regard to the Raw Materials and the CS, following the standards set forth by LUSTROS;
d) deliver in a timely manner the CS as designated by LUSTROS in the Trust’s Registration Statementindustrial installations that are indicated in writing, Agreement issuing the corresponding waybills in support of the product freight and Declaration delivery. By virtue of Trust and By-Laws; applicable laws and regulations; the foregoing, it will be SULFATOS’ duty to assume the cost of the freight, insurance, permits and all resolutions other costs related to the transport and policies implemented by delivery of the Board, FMG LLC shall CS;
e) have general responsibility sufficient buildings necessary for the Trust’s administrative operations production, operation and will provide the following services:
(i) Trust Administration,
(ii) Compliance Services, and
(iii) Trust Accounting. A detailed description of each storage of the above services is contained in Schedules B CS and Cto always maintain a proper plant, respectively, to including competent and experienced personnel that will allow for the completion of the obligations under this Agreement.;
(bf) In connection with providing to preserve the services identified aboveenvironment and fulfil all Chilean environmental legislation and regulations existing in Chile, FMG LLC will also:
(i) providebeing obligated to abstain from executing actions that imply, without additional cost directly or indirectly, the contamination or alteration of the air, waters or grounds or damage to the Trust except for out-of-pocket expenses, office facilities flora and fauna;
g) to guarantee that the places where the Raw Materials and the CS will be stored will be used in an appropriate location with respect manner to fulfill this agreement;
h) not to use any LUSTROS trademark for itself or conduct advertising or promotional activities other than those expressly authorized by LUSTROS in writing;
i) to have information available on the provision waybills and record of deliveries of the services contemplated herein (which may be in the offices of FMG LLC or a corporate affiliate of FMG LLC)CS;
(iij) providenot to issue any statement, without additional remuneration from representation or warranty, verbal or written, concerning CS with the exception of CS certificates of analysis delivered;
k) to obtain and maintain, at its expense, all authorizations, permits and registrations that may eventually be required by the government or other cost authorities to allow SULFATOS to comply with the Trust except terms of this Agreement, with the legislation and/or regulations in effect during the term hereof. LUSTROS may require the accreditation of said permits and authorizations at any time and as a prerequisite for out-of-pocket expenses, the services of individuals to serve as officers of the Trust who will be designated by FMG LLC and elected by the Board subject to reasonable Board approvalany payment that SULFATOS may pay;
(iiil) provide to keep enough of its own elements available at all times to fulfill the obligations resulting from relations with its workers. It declares that there is no contractual relationship of any nature between such workers and LUSTROS, but rather they are workers or otherwise obtain, without additional remuneration from or other cost to employees at the Trust except for out-of-pocket expenses, personnel sufficient for provision service of the services contemplated herein;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, equipment and other materials, which are necessary or desirable for provision of the services contemplated hereinSULFATOS; and
(vm) keep records, at no additional cost to the Trust except for out-of-pocket expenses, relating to render the services provided hereunder in such form and manner as FMG LLC may deem appropriate or advisable. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC agrees that all such records prepared or maintained by FMG LLC relating exclusively to the services provided hereunder are the property of the Trust and will be preserved for the periods prescribed under Rule 3la-2 under the 1940 Act and made available in accordance with such Section and rules. FMG LLC agrees to make available to the Trust, promptly upon request, any of the Funds’ books and records as are maintained under this AgreementLUSTROS, and consequently not to furnish render the same or similar services to regulatory authorities having third parties. SULFATOS will indemnify LUSTROS and keep it indemnified against any claim, proceeding, complaint or process against the requisite authority latter that originates in the contravention of environmental laws or any such books environmental damages originated by SULFATOS, its employees, contractors and records related third parties and any information all damages that are caused to LUSTROS or reports in connection with the FMG LLC’s services under to third parties and that are derived from or are a consequence of acts that SULFATOS must fulfil by virtue of this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably requestagreement.
Appears in 1 contract
Services Provided. (a) Subject Chase will provide the following services subject to the control, direction and supervision of UAMFSI and the Fund's Board and in compliance with the objectives, policies and limitations set forth in the Trust’s Fund's Registration Statement, Agreement and Declaration Articles of Trust Incorporation and By-Laws; applicable laws and regulations; and all resolutions and policies implemented by the Board, FMG LLC shall have general responsibility for the Trust’s administrative operations and will provide the following services:
(i) Trust Fund Administration,
(ii) Compliance Services, andFund Accounting
(iii) Trust Accounting. Transfer Agency A detailed description of each of the above services is contained in Schedules B and B, C, and D respectively, to this Agreement.
(b) In connection with providing the services identified above, FMG LLC Chase will also:
(i) provide, without additional cost to the Trust except for out-of-pocket expenses, provide office facilities in an appropriate location with respect to the provision of the services contemplated herein (which may be in the offices of FMG LLC Chase or a corporate affiliate of FMG LLCChase );
(ii) provide, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, provide the services of individuals to serve as officers of the Trust Fund who will be designated by FMG LLC Chase with the approval of UAMFSI, and elected by the Board subject to reasonable Board approvalBoard;
(iii) provide or otherwise obtain, without additional remuneration from or other cost to the Trust except for out-of-pocket expenses, obtain personnel sufficient for provision of the services contemplated herein;
(iv) furnish, at no additional cost to the Trust except for out-of-pocket expenses, furnish equipment and other materials, which Chase believes are necessary or desirable for provision of the services contemplated herein; and
(v) keep records, at no additional cost to the Trust except for out-of-pocket expenses, records relating to the services provided hereunder in such form and manner as FMG LLC may deem appropriate or advisableset forth in Schedules B, C and D in accordance with the 1940 Act. To the extent required by Section 31 of the 1940 Act and the rules thereunder, FMG LLC Chase agrees that all such records prepared or maintained by FMG LLC Chase relating to the services provided hereunder are the property of UAMFSI and the Trust Fund and will be preserved for the periods prescribed under Rule 3la-2 31a-2 under the 1940 Act Act, maintained at UAMFSI's and/or the Fund's expense, and made available in accordance with such Section and rules. FMG LLC Chase further agrees to make available surrender promptly to UAMFSI or the Trust, promptly Fund upon request, any of the Funds’ books its request and cease to retain in its records as are and files those records and documents created and maintained under by Chase pursuant to this Agreement, and to furnish to regulatory authorities having the requisite authority any unless otherwise required by law. Upon such books and request, Chase will surrender such records and any information or reports in connection with the FMG LLC’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations; and
(vi) regularly report to the Board on the services provided under this Agreement and furnish to the Board such periodic and special reports with respect to the Funds as the Board may reasonably requestmutual agreeable electronic format.
Appears in 1 contract
Sources: Mutual Funds Service Agreement (Analytic Series Fund)