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. The Administrator shall comply will all applicable laws and regulations applicable to it in performing the services under this Agreement. 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 mutually agreed upon by the parties, as well as the reasonable fees and expenses of the Administrator’s counsel incurred in such production. The Administrator agrees that it will store all records in a manner that ensures their accuracy and accessibility for as long as they are needed for the Administrator to meet its recordkeeping obligations under this Agreement and consistent with the 1940 Act. The Administrator shall have documented policies, standards and guidelines for converting or migrating data from one record system to another. The Administrator agrees that systems for electronic records must be designed so that records will remain accessible and accurate through any kind of system changes, for the entire period of the Administrator’s recordkeeping obligations under this Agreement and consistent with the 1940 Act. Where such processes do occur, evidence of these processes shall be retained, along with details of any variation in records design and format. This Section 11 shall survive the termination of this Agreement.

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 it. The Administrator shall comply will all applicable laws and regulations applicable to it in performing the services under this Agreementeach 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 Administrator or the Trust shall at all times remain the property of the Administrator or the Trust, as applicable, 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 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 Sub-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 Trust by state or federal regulatory agencies, to produce the records of the Administrator or Trust or the Sub-Administrator’s personnel as witnesses or deponents, the Trust Administrator agrees to pay the Sub-Administrator for the Sub-Administrator’s time and expenses as mutually agreed upon by the partiesexpenses, as well as the reasonable fees and expenses of the Sub-Administrator’s counsel directly incurred in such production. The If the Sub-Administrator agrees that is required to produce records of the Trust or the Administrator pursuant to any of the foregoing it will store all records in a manner that ensures their accuracy shall, to the extent reasonably practicable and accessibility for as long as they are needed not otherwise prohibited, notify the Administrator and/or the Trust with sufficient promptness for the Trust and/or Administrator to, as it may determine in its sole discretion, seek a protective order or take other legal action to meet its recordkeeping obligations under this Agreement and consistent with the 1940 Act. The Administrator shall have documented policies, standards and guidelines for converting or migrating data from one record system to another. The Administrator agrees that systems for electronic records must be designed so that records will remain accessible and accurate through any kind of system changes, for the entire period of the Administrator’s recordkeeping obligations under this Agreement and consistent with the 1940 Act. Where prevent such processes do occur, evidence of these processes shall be retained, along with details of any variation in records design and format. This Section 11 shall survive the termination of this Agreementproduction.

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trust Administrator agrees to perform its duties hereunder in accordance with applicable law; however, the Administrator assumes full no responsibility for complying ensuring that the Fund complies with all securities, tax, commodities and other laws, rules and regulations applicable to itthe Fund. The Administrator shall comply will prepare all United States tax returns for the Fund and any supporting schedules in accordance with all applicable laws laws, rules and regulations regulations, including the rules, standards and requirements that apply to paid preparers. However, the Fund acknowledges that the paid preparer services and other tax-related services performed by the Administrator do not constitute tax advice and the Fund agrees the Administrator shall have no responsibility or liability for any obligations now or hereafter imposed on the Fund, any Portfolio or the Administrator as administrator to the Fund by the tax law of the United States or of any state or political subdivision thereof, provided that this sentence does not relieve the Administrator from responsibility and liability for its duties hereunder, including adherence to the applicable to it in performing the services under this Agreementstandard of care. 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 1312. 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 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 mutually agreed upon by the parties, as well as the reasonable fees and expenses of the Administrator’s counsel incurred in such production. The Administrator agrees that it will store all records in a manner that ensures their accuracy and accessibility for as long as they are needed for the Administrator to meet its recordkeeping obligations under this Agreement and consistent with the 1940 Act. The Administrator shall have documented policies, standards and guidelines for converting or migrating data from one record system to another. The Administrator agrees that systems for electronic records must be designed so that records will remain accessible and accurate through any kind of system changes, for the entire period of the Administrator’s recordkeeping obligations under this Agreement and consistent with the 1940 Act. Where such processes do occur, evidence of these processes shall be retained, along with details of any variation in records design and format. This Section 11 shall survive the termination of this Agreement.the

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trust Administrator agrees to perform its duties hereunder in accordance with applicable law; however, the Administrator assumes full no responsibility for complying ensuring that the Fund complies with all securities, tax, commodities and other laws, rules and regulations applicable to itthe Fund. The Administrator shall comply will prepare all United States tax returns for the Fund and any supporting schedules in accordance with all applicable laws laws, rules and regulations regulations, including the rules, standards and requirements that apply to paid preparers. However, the Fund acknowledges that the paid preparer services and other tax-related services performed by the Administrator do not constitute tax advice and the Fund agrees the Administrator shall have no responsibility or liability for any obligations now or hereafter imposed on the Fund, any Portfolio or the Administrator as administrator to the Fund by the tax law of the United States or of any state or political subdivision thereof, provided that this sentence does not relieve the Administrator from responsibility and liability for its duties hereunder, including adherence to the applicable to it in performing the services under this Agreementstandard of care. 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 1312. 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 Upon the event that reasonable request of the Administrator is requested or authorized Fund, copies of any such books and records shall be provided 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 mutually agreed upon by the parties, as well as the reasonable fees and expenses of the Administrator’s counsel incurred in such production. The Administrator agrees that it will store all records in a manner that ensures their accuracy and accessibility for as long as they are needed for the Administrator to meet its recordkeeping obligations under this Agreement and consistent with the 1940 Act. The Administrator shall have documented policies, standards and guidelines for converting or migrating data from one record system to another. The Administrator agrees that systems for electronic records must be designed so that records will remain accessible and accurate through any kind of system changes, for the entire period of the Administrator’s recordkeeping obligations under this Agreement and consistent with the 1940 Act. Where such processes do occur, evidence of these processes shall be retained, along with details of any variation in records design and format. This Section 11 shall survive the termination of this Agreement.

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. The Administrator shall will materially comply will with all applicable laws laws, rules and regulations applicable to it in performing the services under this Agreementit. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the Administrator agrees that all records which it maintains for the each Trust shall at all times remain the property of the such 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 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 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 a 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 mutually agreed upon by the partiesexpenses, as well as the reasonable fees and expenses of the Administrator’s counsel directly incurred in such production. The If the Administrator agrees that is required to produce records of a Trust in connection with any of the foregoing it will store all records in a manner that ensures their accuracy shall, to the extent reasonably practicable and accessibility for as long as they are needed not otherwise prohibited, endeavor to notify the Trust with sufficient promptness for the Administrator Trust to, as it may determine in its sole discretion, seek a protective order or take other legal action to meet its recordkeeping obligations under this Agreement and consistent with the 1940 Act. The Administrator shall have documented policies, standards and guidelines for converting prevent or migrating data from one record system to another. The Administrator agrees that systems for electronic records must be designed so that records will remain accessible and accurate through any kind of system changes, for the entire period of the Administrator’s recordkeeping obligations under this Agreement and consistent with the 1940 Act. Where limit such processes do occur, evidence of these processes shall be retained, along with details of any variation in records design and format. This Section 11 shall survive the termination of this Agreementproduction.

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. The Sub-Administrator shall comply will with all applicable laws and regulations applicable to it in performing as such laws and regulations relate to the Sub-Administrator’s performance of the services under this Agreementhereunder. 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 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 Sub-Administrator. The Sub-Administrator shall provide the Administrator with copies of periodic SSAE 16 reports that include a review of the Sub-Administrator’s operations that relate to the services provided hereunder. 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 Trust by state or federal regulatory agencies, to produce the records of the Administrator or Trust or the Sub-Administrator’s personnel as witnesses or deponents, the Trust Administrator agrees to pay the Sub-Administrator for the Sub-Administrator’s time and expenses as mutually agreed upon by the partiesreasonable expenses, as well as the reasonable fees and expenses of the Sub-Administrator’s counsel incurred in such production. The , such amounts to be agreed upon by the parties prior to the Sub-Administrator agrees that it will store all records in a manner that ensures their accuracy and accessibility for as long as they are needed for responding to such request, order or requirement, to the Administrator extent time permits and/or to meet its recordkeeping obligations under this Agreement and consistent with the 1940 Act. The Administrator shall have documented policies, standards and guidelines for converting or migrating data from one record system to another. The Administrator agrees that systems for electronic records must be designed so that records will remain accessible and accurate through any kind of system changes, for the entire period of the Administrator’s recordkeeping obligations under this Agreement and consistent with the 1940 Act. Where such processes do occur, evidence of these processes shall be retained, along with details of any variation in records design and format. This Section 11 shall survive the termination of this Agreementextent permitted by applicable law.

COMPLIANCE WITH GOVERNMENTAL RULES AND REGULATIONS; RECORDS. The Trust acknowledges that it assumes full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to itit and each Fund. The Administrator shall comply will Bank assumes full responsibility for complying with all applicable laws and regulations applicable to it in performing connection with the performance of its services under this Agreement. In compliance with the requirements of Rule 31a-3 under the Investment Company Act of 1940, as amended (the “1940 Act”), the Administrator Bank 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 13request. The Administrator Bank 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 will be surrendered in either written or machine-readable form, at the option of the Administrator. In the event that the Administrator Bank 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 AdministratorBank’s personnel as witnesses or deponents, the Trust agrees to pay the Administrator Bank for the AdministratorBank’s reasonable time and expenses as mutually agreed upon by the partiesexpenses, as well as the reasonable fees and expenses of the AdministratorBank’s counsel incurred in such production. The Administrator agrees Bank shall implement and maintain reasonable disaster recovery and business continuity procedures that it will store all records are reasonably designed to recover data processing systems, data communications facilities, information, data and other business related functions of the Bank in a manner that ensures their accuracy and accessibility for as long as they are needed for the Administrator to meet its recordkeeping obligations under this Agreement and time frame consistent with legal, regulatory and business requirements applicable to the 1940 ActBank in its provision of services hereunder. The Administrator shall have documented policies, standards and guidelines for converting or migrating data from one record system to another. The Administrator agrees that systems for electronic records must be designed so that records will remain accessible and accurate through any kind of system changes, for In the entire period of the Administrator’s recordkeeping obligations under this Agreement and consistent with the 1940 Act. Where such processes do occur, evidence of these processes shall be retained, along with details event of any variation disaster which causes a business interruption, the Bank shall act in records design good faith and format. This Section 11 shall survive the termination of this Agreementtake reasonable steps to minimize service interruptions.