Shareholder Reports and Other Documents; Solicitation of Proxies. The Trust Entity shall timely deliver to each Client-shareholder all reports and other documents provided to it by the Funds as is required by applicable securities law and the Trust Entity Agreement with the Client-shareholder, provided that the Trust Entity has timely received copies of such reports and/or documents. The Trust Entity shall be responsible for mailing Fund prospectuses to Client-shareholders who request them, for mailing annual Fund prospectuses to Client-shareholders, and for mailing periodic Fund reports to Client-shareholders. Additionally, the Trust Entity shall bear the cost of such mailings. ALPS shall be responsible for all materials and production costs, and hereby agrees to provide the prospectuses and periodic Fund reports to the Trust Entity. ALPS, or its designee, and the Trust Entity shall cooperate with each other in the solicitation and voting of proxies on behalf of the Funds according to the Trust Entity’s fiduciary responsibility as written in the trust agreement or as required by state law or Federal Regulation. ALPS shall be responsible for all costs associated with the production of proxy materials. The Trust Entity shall be responsible for handling proxy solicitation mailings to Client-shareholders. Expenses associated with such services shall be billed directly to ALPS by the Trust Entity.
Shareholder Reports and Other Documents; Solicitation of Proxies. The Trust Entity shall timely deliver to each Client-shareholder all reports and other documents provided to it by the Funds or the Fund Agent as is required by applicable securities law and the Trust Entity Agreement with the Client-shareholder, provided that the Trust Entity has timely received copies of such reports and/or documents. The Fund Company or the Fund Agent, and the Trust Entity shall cooperate with each other in the solicitation and voting of proxies on behalf of the Funds.
Shareholder Reports and Other Documents; Solicitation of Proxies. The Trust Entity shall timely deliver to each Client-shareholder all reports and other documents provided to it by the Funds or the Fund Agent as is required by applicable securities law and the Trust Entity Agreement with the Client-shareholder, provided that the Trust Entity has timely received copies of such reports and/or documents. The Fund Company or the Fund Agent, and the Trust Entity shall cooperate with each other in the solicitation and voting of proxies on behalf of the Funds. The Trust Entity will forward or cause to be forwarded to each Client-shareholder the Funds’ current effective statutory prospectus (the “Statutory Prospectus”), currently effective SAI, periodic financial reports, proxy materials and other Fund communications as required to be delivered to, or received by, Client-shareholders under all applicable laws, rules and regulations (“Applicable Law”) or as reasonably requested by the Fund Agent or a Fund. However, Trust Entity may provide a current effective summary prospectus (the “Summary Prospectus”) in lieu of a Statutory Prospectus as permitted under Applicable Law, unless instructed otherwise by the Fund Agent or a Fund. Trust Entity shall respond to requests for a Summary Prospectus, Statutory Prospectus, SAI, currently effective annual report or currently effective semi-annual report made by a Client-shareholder directly to Trust Entity with the documents that the Fund Agent or a Fund has provided to it hereunder, including any applicable supplements, as required under Applicable Law. Unless instructed by the Fund Agent or a Fund to the contrary, Trust Entity may consolidate or utilize “household” mailing for the delivery of the above-described materials where permissible under, and in accordance with, Applicable Law, and, unless instructed by Fund Agent or a Fund to the contrary, the delivery of the materials may be accomplished via electronic means, so long as the methodologies utilized by Trust Entity comply with Applicable Law relating to the delivery and receipt of such materials, including, but not limited to, that Trust Entity received informed consent from all applicable shareholders permitting the method and manner of such use, and Trust Entity maintains, and agrees to provide to Fund Agent or a Fund upon request, records of each such delivery.
Shareholder Reports and Other Documents; Solicitation of Proxies. The Trust Entity shall timely deliver to each Client-shareholder all reports and other documents provided to it by the Funds or the Fund Agent as is required by applicable securities law and the Trust Entity Agreement with the Client-shareholder, provided that the Trust Entity has timely received copies of such reports and/or documents. Subject to receipt by the Fund Company or the Fund Agent of such supporting documentation as it may reasonably request, the Fund Company shall reimburse the Trust Entity for all reasonable out-of-pocket expenses incurred by the Trust Entity in mailing all such reports and/or documents. The Fund company or the Fund Agent, and the Trust Entity shall cooperate with each other in the solicitation and voting of proxies on behalf of the Funds according to the Trust Entity's fiduciary responsibility as written in the trust agreement or as required by state law or Federal Regulation.
Shareholder Reports and Other Documents; Solicitation of Proxies. The Company shall timely deliver to each Account all reports and other documents provided to it by the Portfolios or the Distributor as is required by applicable securities law and the Company’s agreement with the Account, provided that the Company has timely received copies of such reports and/or documents. The Portfolio or the Distributor and the Company shall cooperate with each other in the solicitation and voting of proxies on behalf of the Portfolios according to the Company’s fiduciary responsibility as written in the trust agreement or as required by state law or Federal Regulation.
Shareholder Reports and Other Documents; Solicitation of Proxies. Company or its agent shall timely deliver to each Customer all reports and other documents provided to it by the Funds or Distributor or its agent as is required by applicable securities law and the Company or its agent’s agreement with the Customer, provided that Company or its agent has timely received copies of such reports and/or documents. The Fund or Distributor or its agent and Company or its agent shall cooperate with each other in the solicitation and voting of proxies on behalf of the Funds according to Company or its agent’s fiduciary responsibility as written in the trust agreement or as required by state law or Federal Regulation.
Shareholder Reports and Other Documents; Solicitation of Proxies. The Trust Entity shall timely deliver to each Client-Shareholder all reports and other documents provided to it by the Funds or PIMSS as is required by applicable law and the Trust Entity Agreement with the Client-Shareholder, provided that the Trust Entity has timely received sufficient copies of such reports and/or documents. Subject to receipt by PIMSS of such supporting documentation as it may reasonably request, PIMSS shall reimburse the Trust Entity for all reasonable out-of-pocket expenses incurred by the Trust Entity in mailing all such reports and/or documents. PIMSS and the Trust Entity shall cooperate with each other in the solicitation and voting of proxies on behalf of the Funds according to the Trust Entity's fiduciary responsibility [as written in the trust agreement] or as required by state law or federal regulation.
Shareholder Reports and Other Documents; Solicitation of Proxies. The Trust Entity shall timely deliver to each Client-shareholder all reports and other documents provided to it by the Funds or the Fund as is required by applicable law and the Trust Entity Agreement with the Client-shareholder, provided that the Trust Entity has timely received sufficient copies of such reports and/or documents. The Fund and the Trust Entity shall cooperate with each other in the solicitation and voting of proxies on behalf of the Funds according to the Trust Entity’s fiduciary responsibility as written in the trust agreement or as required by state law or federal regulation. The Trust Entity shall indemnify and hold harmless the Funds, the Funds’ custodian, the Funds’ underwriter, the Funds’ distributor, the Funds’ investment advisor, the Fund, the Funds’ transfer agent/shareholder servicing agent, each of their affiliated companies, and all of the divisions, subsidiaries, directors, trustees, officers, agents, employees and assigns of each of the foregoing (collectively, “Indemnified Fund Parties”), against and from any and all demands, damages, liabilities, and losses, or any pending or completed actions, claims, suits, complaints, proceedings, or investigations (including reasonable attorneys fees and other costs, including all expenses of litigation or arbitration, judgments, fines or amounts paid in any settlement consented to by the Trust Entity) to which any of them may be or become subject to as a result or arising out of (a) any negligent act or omission by the Trust Entity, the Trust’s correspondents, or their agents relating to NETWORKING; provided the Fund has not acted negligently; (b) any breach of the Trust’s representations or warranties in this Agreement; (c) the failure of the Trust Entity or the Trust’s correspondents to comply with any of the terms of this Agreement; or (d) the Fund’s acceptance of any transaction or account maintenance information from the Trust Entity through NETWORKING.
Shareholder Reports and Other Documents; Solicitation of Proxies. Notwithstanding anything in this Agreement to the contrary, it is hereby understood and acknowledged that Trust Entity shall have no responsibility whatsoever to deliver to any Client-shareholder or Participant any report or other document. However, Trust Entity will provide Client-shareholders and Participants with access to Fund prospectuses and fact sheets either by providing access through (i) a website on which such documents are available; (ii) a link to such documents; and/or (iii) a link to a website maintained by the Funds at which such documents are available. Trust Entity will, upon Fund’s request, provide to Fund the names and addresses of Client-shareholders and Participants to enable Fund to distribute such documents to Client-shareholders and Participants if Fund desires.
Shareholder Reports and Other Documents; Solicitation of Proxies. Service Provider shall timely deliver to each Customer all reports and other documents provided to it by the Funds or Janus Services as is required by applicable securities law and the Service Provider's agreement with the Customer, provided that Service Provider has timely received copies of such reports and/or documents. The Fund or Janus Services and Service Provider shall cooperate with each other in the solicitation and voting of proxies on behalf of the Funds according to Service Provider's fiduciary responsibility as written in the trust agreement or as required by state law or Federal Regulation.
