Common use of COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS Clause in Contracts

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trust assumes full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to it. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the Administrator agrees that all records which it maintains for the Trust shall at all times remain the property of the Trust, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 13. The Administrator further agrees that all records that it maintains for the Trust pursuant to Rule 31a-1 under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 under the 1940 Act unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the Administrator. In the event that the Administrator is requested or authorized by the Trust, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the Trust by state or federal regulatory agencies, to produce the records of the Trust or the Administrator’s personnel as witnesses or deponents, the Trust agrees to pay the Administrator for the Administrator’s time and expenses, as well as the fees and expenses of the Administrator’s counsel incurred in such production.

Appears in 16 contracts

Samples: Administration Agreement (Syntax Etf Trust), Administration Agreement (Guardian Variable Products Trust), Administration Agreement

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COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trust Each Fund assumes full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to it. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the Administrator agrees that all records which it maintains for the Trust Funds shall at all times remain the property of the TrustFunds, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 13. The Administrator further agrees that all records that it maintains for the Trust Funds pursuant to Rule 31a-1 under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 under the 1940 Act unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the Administrator. In the event that the Administrator is requested or authorized by the TrustFunds, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the Trust Funds by state or federal regulatory agencies, to produce the records of the Trust Funds or the Administrator’s personnel as witnesses or deponents, the Trust Funds agrees to pay the Administrator for the Administrator’s reasonable time and expenses, as well as the reasonable fees and expenses of the Administrator’s counsel incurred in such production. The Administrator shall, to the extent permitted by law, provide notice to the applicable Fund promptly after receipt of any request for records by an entity other than such Fund. Upon request, the Administrator shall provide the applicable Fund with an update on the fees and expenses incurred in responding to any such requests for records.

Appears in 14 contracts

Samples: Administration and Fund Accounting Services Agreement (BlackRock 2037 Municipal Target Term Trust), Administration and Fund Accounting Services Agreement (BlackRock Multi-Sector Income Trust), Administration and Fund Accounting Services Agreement (Blackrock Municipal Income Fund, Inc.)

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trust assumes full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to it. In compliance with the requirements of Rule 31a-3 under the 1940 Act0000 Xxx, the Administrator Xxxxx Xxxxxx agrees that all records which it maintains for the Trust shall at all times remain the property of the Trust, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 13. The Administrator State Street further agrees that all records that it maintains for the Trust pursuant to Rule 31a-1 under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 under the 1940 Act unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the AdministratorState Street. In the event that the Administrator State Street is requested or authorized by the Trust, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the Trust by state or federal regulatory agencies, to produce the records of the Trust or the AdministratorState Street’s personnel as witnesses or deponents, the Trust agrees to pay the Administrator State Street for the AdministratorState Street’s time and expenses, as well as the fees and expenses of the AdministratorState Street’s counsel incurred in such production.

Appears in 6 contracts

Samples: Service Agreement (Sma Relationship Trust), Service Agreement (Pace Select Advisors Trust), Service Agreement (Ubs Funds)

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Each Trust assumes full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to it. In The Administrator will maintain Trust records in compliance with the requirements of Rule 31a-3 under the 1940 Act, and the Administrator agrees that all records which it maintains for the Trust shall at all times remain the property of the TrustTrusts, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 13. The Administrator further agrees that all records that it maintains for the Trust Trusts pursuant to Rule 31a-1 31a-l under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 under the 1940 Act unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the Administrator. In the event that the Administrator is requested or authorized by the a Trust, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the such Trust by state or federal regulatory agencies, to produce the records of the such Trust or the Administrator’s personnel as witnesses or deponents, the Trust agrees to pay reimburse the Administrator for the Administrator’s extraordinary time and expenses, as well as the extraordinary fees and expenses of the Administrator’s counsel incurred in such productionproduction to the extent agreed upon in advance by the parties.

Appears in 5 contracts

Samples: Master Administration Agreement (Fpa Paramount Fund Inc), Master Administration Agreement (Fpa New Income Inc), Master Administration Agreement (Fpa Capital Fund Inc)

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trust Each party assumes full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to it. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the Administrator agrees that all records which it maintains for the Trust shall at all times remain the property of the Trust, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 13. The Administrator further agrees that all records that it maintains for the Trust pursuant to Rule 31a-1 under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 under the 1940 Act unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the Administrator. In the event that the Administrator is requested or authorized by the Trust, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the Trust by state or federal regulatory agencies, to produce the records of the Trust or the Administrator’s personnel as witnesses or deponents, the Trust agrees to pay the Administrator for the Administrator’s time and expenses, as well as the fees and expenses of the Administrator’s counsel incurred in such production.

Appears in 3 contracts

Samples: Administration Agreement (Apollo S3 Private Markets Fund), Form of Administration Agreement (Coller Secondaries Private Equity Opportunities Fund), Administration Agreement (JPMorgan Private Markets Fund)

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trust assumes full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to it. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the Administrator agrees that all records which it maintains for the Trust shall at all times remain the property of the Trust, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 13. The Administrator further agrees that all records that it maintains for the Trust pursuant to Rule 31a-1 under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 under the 1940 Act unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the Administrator. In the event that the Administrator is requested or authorized by the Trust, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the Trust by state or federal regulatory agencies, to produce the records of the Trust or the Administrator’s personnel as witnesses or deponents, the Trust agrees to pay the Administrator for the Administrator’s time and expenses, as well as the reasonable fees and expenses of the Administrator’s counsel incurred in such production.

Appears in 2 contracts

Samples: Administration Agreement (DriveWealth ETF Trust), Administration Agreement (AltShares Trust)

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trust assumes full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to it. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the The Administrator agrees that all records which it maintains for the Trust shall at all times remain the property of the Trust, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 13. The Administrator further agrees that all records that it maintains for the Trust pursuant to Rule 31a-1 under the 1940 Act this section will be preserved for in compliance with the periods prescribed by Rule 31a-2 under the 1940 Act Administrator’s policies unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the Administrator. In the event that the Administrator is requested or authorized by the Trust, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the Trust by state or federal regulatory agencies, to produce the records of the Trust or the Administrator’s personnel as witnesses or deponents, the Trust agrees to pay the Administrator for the Administrator’s time and expenses, as well as the fees and expenses of the Administrator’s counsel incurred in such production.

Appears in 2 contracts

Samples: Administration Agreement (VanEck Ethereum Trust), Administration Agreement (VanEck Bitcoin Trust)

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Administrator acknowledges that the Trust assumes full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to it. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the Sub-Administrator agrees that all records which it maintains for the Trust each Fund shall at all times remain the property of the Trustsuch Fund, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 13request. The Sub-Administrator further agrees that all records that which it maintains for the Trust a Fund pursuant to Rule 31a-1 under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 under the 1940 Act unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of . The Sub-Administrator shall assist the Administrator. In the event that the Administrator is requested or authorized by , the Trust, the Trust’s independent auditors, or, upon approval of the Trust, any regulatory body, in any requested review of the Trust’s accounts and records, and reports by Sub-Administrator or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination its independent accountants concerning its accounting system and internal auditing controls will be open to such entities for audit or inspection of the Trust by state or federal regulatory agencies, to produce the records of the Trust or the Administrator’s personnel as witnesses or deponents, the Trust agrees to pay the Administrator for the Administrator’s time and expenses, as well as the fees and expenses of the Administrator’s counsel incurred in such productionupon reasonable request.

Appears in 2 contracts

Samples: Sub Administration Agreement (Aberdeen Greater China Fund, Inc.), Sub Administration Agreement (Aberdeen Funds)

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Administrator acknowledges that the Administrator and Trust assumes assume full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to iteach respectively. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the Administrator Service Provider agrees that all records which it maintains for the Trust Administrator shall at all times remain the property of the TrustAdministrator, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 13. The Administrator Service Provider further agrees that all records that it maintains for the Trust pursuant to Rule 31a-1 under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 under the 1940 Act unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the AdministratorService Provider. In the event that the Administrator Service Provider is requested or authorized by the TrustAdministrator, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the Administrator or Trust by state or federal regulatory agencies, to produce the records of the Administrator or Trust or the AdministratorService Provider’s personnel as witnesses or deponents, the Trust Administrator agrees to pay the Administrator Service Provider for the AdministratorService Provider’s time and expenses, as well as the fees and expenses of the AdministratorService Provider’s counsel incurred in such production.

Appears in 1 contract

Samples: Services Agreement (Weitz Funds)

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trust Corporation assumes full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to it. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the Administrator agrees that all records which it maintains for the Trust Corporation shall at all times remain the property of the TrustCorporation, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 13. The Administrator further agrees that all records that it maintains for the Trust Corporation pursuant to Rule 31a-1 under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 under the 1940 Act unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the Administrator. In the event that the Administrator is requested or authorized by the TrustCorporation, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the Trust Corporation by state or federal regulatory agencies, to produce the records of the Trust Corporation or the Administrator’s personnel as witnesses or deponents, the Trust Corporation agrees to pay the Administrator for the Administrator’s time and expenses, as well as the fees and expenses of the Administrator’s counsel incurred in such production.

Appears in 1 contract

Samples: Administration Agreement (Ohio National Fund Inc)

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trust assumes full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to it. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the Administrator agrees that all records which it maintains for the Trust shall at all times remain the property of the Trust, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 1314. The Administrator further agrees that all records that it maintains for the Trust pursuant to Rule 31a-1 under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 under the 1940 Act unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the Administrator. In the event that the Administrator is requested or authorized by the Trust, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the Trust by state or federal regulatory agencies, to produce the records of the Trust or the Administrator’s personnel as witnesses or deponentsdeponents (a “Records Request”), the Trust agrees to pay the Administrator for the Administrator’s time and expenses, as well as the fees and expenses of the Administrator’s counsel incurred in such production; the foregoing shall not apply to a Records Request incurred in the ordinary course of business, including, but not limited to, routine regulatory examinations of any Fund or its investment adviser.

Appears in 1 contract

Samples: Fund Accounting and Financial Administration Agreement (Lincoln Variable Insurance Products Trust)

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trust Fund assumes full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to it. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the Administrator agrees that all records which it maintains for the Trust Fund shall at all times remain the property of the TrustFund, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 13. The Administrator further agrees that all records that it maintains for the Trust Fund pursuant to Rule 31a-1 under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 under the 1940 Act unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the Administrator. In the event that the Administrator is requested or authorized by the TrustFund, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the Trust Fund by state or federal regulatory agencies, to produce the records of the Trust Fund or the Administrator’s personnel as witnesses or deponents, the Trust Fund agrees to pay the Administrator for the Administrator’s time and expenses, as well as the fees and expenses of the Administrator’s counsel incurred in such production.

Appears in 1 contract

Samples: Administration Agreement (PGIM Private Credit Fund)

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trust assumes full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to it. In compliance with the requirements of Rule 31a-3 3 la-3 under the 1940 Act, the Administrator agrees that all records which it maintains for the Trust shall at all times remain the property of the Trust, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 1314. The Administrator further agrees that all records that it maintains for the Trust pursuant to Rule 31a-1 3 la-1 under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 3la-2 under the 1940 Act unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the Administratoras mutually agreed. In the event that the Administrator is requested or authorized by the Trust, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the Trust by state or federal regulatory agencies, to produce the records of the Trust or the Administrator’s personnel as witnesses or deponents, the Trust agrees to pay the Administrator for the Administrator’s time and expenses, as well as the reasonable fees and expenses of the Administrator’s counsel incurred in such production. 13.

Appears in 1 contract

Samples: Copy Administration Agreement (Permanent Portfolio Family of Funds)

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COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trust assumes full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to it. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the Administrator agrees that all records which it maintains for the Trust shall at all times remain the property of the Trust, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 13. The Administrator further agrees that all records that it maintains for the Trust pursuant to Rule 31a-1 under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 under the 1940 Act unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the Administrator. In the event that the Administrator is requested or authorized by the Trust, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the Trust by state or federal regulatory agencies, to produce the records of the Trust or the Administrator’s personnel as witnesses or deponents, the Trust agrees to pay the Administrator for the Administrator’s time and expenses, as well as the reasonable expenses(including reasonable fees and expenses of the Administrator’s counsel incurred in such production).

Appears in 1 contract

Samples: Administration Agreement (2023 ETF Series Trust II)

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trustee on behalf of the Trust assumes full responsibility for the Trust complying with all securities, tax, commodities and other laws, rules and regulations applicable to itthe Trust. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the Administrator agrees that all records which it maintains for the Trust shall at all times remain the property of the TrustTrustee, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 13. The Administrator further agrees that all records that it maintains for the Trustee on behalf of the Trust pursuant to Rule 31a-1 under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 under the 1940 Act unless any such records are Information Classification: Limited Access earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the Administrator. In the event that the Administrator is requested or authorized by the TrustTrustee, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the Trustee or the Trust by state or federal regulatory agencies, to produce the records of the Trustee or the Trust or the Administrator’s personnel as witnesses or deponents, the Trust Trustee agrees to pay the Administrator for the Administrator’s time and expenses, as well as the fees and expenses of the Administrator’s counsel incurred in such production.

Appears in 1 contract

Samples: Administration Agreement (SPDR Dow Jones Industrial Average Etf Trust)

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Administrator acknowledges that the Administrator and each Trust assumes assume full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to iteach respectively. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the Sub-Administrator agrees that all records which it maintains for the Trust Administrator shall at all times remain the property of the TrustAdministrator, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 13. The Sub-Administrator further agrees that all records that it maintains for the a Trust pursuant to Rule 31a-1 under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 under the 1940 Act unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the Administrator. In the event that the Sub-Administrator is requested or authorized by the TrustAdministrator, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the Administrator or a Trust by state or federal regulatory agencies, to produce the records of the Administrator or a Trust or the Sub-Administrator’s personnel as witnesses or deponents, the Trust Advisor agrees to pay the Sub-Administrator for the Sub-Administrator’s time and expenses, as well as the reasonable fees and expenses of the Sub-Administrator’s counsel incurred in such production.

Appears in 1 contract

Samples: Administration Agreement (Aberdeen Standard Investments ETFs)

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trust assumes full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to it. The Administrator assumes responsibility for complying with all laws applicable to it in connection with its performance of the services hereunder. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the Administrator agrees that all records which it maintains for the Trust shall at all times remain the property of the Trust, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 13. The Administrator further agrees that all records that it maintains for the Trust pursuant to Rule 31a-1 under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 under the 1940 Act unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the Administrator. In the event that the Administrator is requested or authorized by the Trust, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the Trust by state or federal regulatory agencies, to produce the records of the Trust or the Administrator’s personnel as witnesses or deponents, the Trust agrees to pay the Administrator for the Administrator’s time and expenses, as well as the fees and expenses of the Administrator’s counsel directly incurred in such production. If the Administrator is required to produce records of the Trust in connection with any of the foregoing it shall, to the extent reasonably practicable and not otherwise prohibited, notify the Trust with sufficient promptness for the Trust to, as it may determine in its sole discretion, seek a protective order or take other legal action to prevent or limit such production.

Appears in 1 contract

Samples: Administration and Accounting Agreement (OFI Carlyle Private Credit Fund)

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trust assumes full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to it. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the Administrator agrees that all records which it maintains for the Trust shall at all times remain the property of the Trust, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 13. The Administrator further agrees that all records that it maintains for the Trust pursuant to Rule 31a-1 under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 under the 1940 Act unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the Administrator. In the event that the Administrator is requested or authorized by the Trust, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the Trust by state or federal regulatory agencies, to produce the records of the Trust or the Administrator’s personnel as witnesses or deponents, the Trust agrees to pay the Administrator for the Administrator’s time and expenses, as well as the fees and expenses of the Administrator’s counsel incurred in such production. The Administrator acknowledges that it assumes full responsibility for complying with all laws, rules, and regulations that are applicable to the Administrator.

Appears in 1 contract

Samples: Administration Agreement (Cascade Private Capital Fund)

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trustee on behalf of the Trust assumes full responsibility for the Trust complying with all securities, tax, commodities and other laws, rules and regulations applicable to itthe Trust. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the Administrator agrees that all records which it maintains for the Trust shall at all times remain the property of the TrustTrustee, shall be readily accessible during normal business hours, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 13. The Administrator further agrees that all records that it maintains for the Trustee on behalf of the Trust pursuant to Rule 31a-1 under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 under the 1940 Act unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the Administrator. In the event that the Administrator is requested or authorized by the TrustTrustee, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the Trustee or the Trust by state or federal regulatory agencies, to produce the records of the Trustee or the Trust or the Administrator’s personnel as witnesses or deponents, the Trust Trustee agrees to pay the Administrator for the Administrator’s time and expenses, as well as the fees and expenses of the Administrator’s counsel incurred in such production.

Appears in 1 contract

Samples: Administration Agreement (SPDR S&p 500 Etf Trust)

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trust assumes full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to it. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the The Administrator agrees that all records which it maintains for the Trust shall at all times remain the property of the Trust, shall be readily accessible during normal business hourshours by duly authorized officers, employees or agents of the Trust, and shall be promptly surrendered upon the termination of the Agreement or otherwise on written request except as otherwise provided in Section 13. The Administrator further agrees that all records that it maintains for the Trust pursuant to Rule 31a-1 under the 1940 Act will be preserved for the periods prescribed by Rule 31a-2 under the 1940 Act Administrator’s data retention requirements unless any such records are earlier surrendered as provided above. Records may be surrendered in either written or machine-readable form, at the option of the Administrator. In the event that the Administrator is requested or authorized by the Trust, or required by subpoena, administrative order, court order or other legal process, applicable law or regulation, or required in connection with any investigation, examination or inspection of the Trust by state or federal regulatory agencies, to produce the records of the Trust or the Administrator’s personnel as witnesses or deponents, the Trust agrees to pay (or cause the Sponsor to pay) the Administrator for the Administrator’s time and expenses, as well as the fees and expenses of the Administrator’s counsel incurred in such production.

Appears in 1 contract

Samples: Administration Agreement (Cotwo Advisors Physical European Carbon Allowance Trust)

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