Common use of Additional Covenants of the Fund Clause in Contracts

Additional Covenants of the Fund. The Fund hereby covenants and agrees that during the term of this Agreement: (a) it shall not amend, supplement or otherwise modify, or agree to any waiver with respect to any provision of the Administrative Services Agreement if such amendment, supplement or modification would be reasonably likely to have a material impact on the Insurer or, on or before the Maturity Date with respect to any PPF, any PPF Shareholder of such PPF or such PPF, without the prior written consent of the Insurer; (b) it shall not amend, supplement or otherwise modify any provision of its Articles of Amendment and Restatement if such amendment, supplement or modification would be reasonably likely to have a material impact on the Insurer or, on or before the Maturity Date with respect to any PPF, any PPF Shareholder of such PPF or such PPF, without the prior written consent of the Insurer; (c) promptly after any amendment or waiver of any provision of the Administrative Services Agreement or the filing of any amendment to its Articles of Amendment and Restatement, it shall provide the Insurer with a copy of any such amendment or waiver; (d) in the event that either it or the Custodian shall terminate the Custodian Agreement, it shall enter into a custodian agreement with a successor Custodian or an affiliate thereof prior to the effective date of such termination; and (e) it shall maintain insurance policies covering its liabilities to its officers, directors, employees and agents under subparagraph (d) of Article XII of its Articles of Amendment and restatement of the types and in the amounts as is customary for funds similar to the Fund.

Additional Covenants of the Fund. and the Transfer Agent ------------------------------------------------------- 9.1 The Fund hereby covenants and agrees that during shall on behalf of each of the term of this AgreementPortfolios promptly furnish to the Transfer Agent the following: (a) it shall not amend, supplement or otherwise modify, or agree to any waiver with respect to any provision A certified copy of the Administrative Services Agreement if such amendment, supplement or modification would be reasonably likely to have a material impact on the Insurer or, on or before the Maturity Date with respect to any PPF, any PPF Shareholder of such PPF or such PPF, without the prior written consent resolution of the Insurer;Board of Trustees of the Fund authorizing the appointment of the Transfer Agent and the execution and delivery of this Agreement. (b) A copy of the Declaration of Trust and By-Laws of the Fund and all amendments thereto. 9.2 The Transfer Agent hereby agrees to establish and maintain facilities and procedures for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 9.3 The Transfer Agent shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the Investment Company Act of 1940, as amended, and the Rules thereunder, the Transfer Agent agrees that all such records prepared or maintained by the Transfer Agent relating to the services to be performed by the Transfer Agent hereunder are the property of the Fund and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to the Fund on and in accordance with its request. 9.4 The Transfer Agent and the Fund agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not amend, supplement or otherwise modify any provision of its Articles of Amendment and Restatement if such amendment, supplement or modification would be reasonably likely to have a material impact on the Insurer or, on or before the Maturity Date with respect voluntarily disclosed to any PPFother person, any PPF Shareholder except (i) for the purposes set forth in or contemplated by this Agreement, (ii) as is authorized by the Fund and the Transfer Agent, (iii) as is publicly available without breach of such PPF or such PPF, without this Agreement; (iv) as is already in the prior written consent possession of the Insurer; (c) promptly after any amendment receiving party at the time of receipt without obligation of confidentiality or waiver breach of any provision of the Administrative Services Agreement or the filing of any amendment to its Articles of Amendment and Restatement, it shall provide the Insurer with a copy of any such amendment or waiver; (d) in the event that either it or the Custodian shall terminate the Custodian this Agreement, it shall enter into a custodian agreement with a successor Custodian or an affiliate thereof prior to the effective date (v) as requested or required in any legal or regulatory proceeding, investigation, audit, examination, subpoena, civil investigative demand or other similar process, or required by operation of such termination; and (e) it shall maintain insurance policies covering its liabilities to its officers, directors, employees and agents under subparagraph (d) of Article XII of its Articles of Amendment and restatement of the types and in the amounts as is customary for funds similar to the Fundlaw or regulation.

Additional Covenants of the Fund. The Fund hereby covenants and agrees that during the term of this Agreement: (a) it shall not amend, supplement or otherwise modify, or agree to any waiver with respect to any provision of the Administrative Services Agreement if such amendment, supplement or modification would be reasonably likely to have a material impact on the Insurer or, on or before the Maturity Date with respect to any PPF, any PPF Shareholder of such PPF or such PPF, without the prior written consent of the Insurer; (b) it shall not amend, supplement or otherwise modify any provision of its Articles Declaration of Amendment and Restatement Trust if such amendment, supplement or modification would be reasonably likely to have a material impact on the Insurer or, on or before the Maturity Date with respect to any PPF, any PPF Shareholder of such PPF or such PPF, without the prior written consent of the Insurer; (c) promptly after any amendment or waiver of any provision of the Administrative Services Agreement or the filing of any amendment to its Articles Declaration of Amendment and RestatementTrust, it shall provide the Insurer with a copy of any such amendment or waiver; (d) in the event that either it or the Custodian shall terminate the Custodian Agreement, it shall enter into a custodian agreement with a successor Custodian or an affiliate thereof prior to the effective date of such termination; and (e) it shall maintain insurance policies covering its liabilities to its officers, directorstrustees, employees and agents under subparagraph (d) of Article XII IV of its Articles Declaration of Amendment and restatement Trust of the types and in the amounts as is customary for funds similar to the Fund.

Additional Covenants of the Fund. The Fund hereby covenants and agrees that during the term of this Agreement: (a) it shall not amend, supplement or otherwise modify, or agree to any waiver with respect to any provision of the Administrative Services Agreement if such amendment, supplement or modification would be reasonably likely to have a material impact on the Insurer or, on or before the Maturity Date with respect to any PPF, any PPF Shareholder of such PPF or such PPF, without the prior written consent of the Insurer; (b) it shall not amend, supplement or otherwise modify any provision of its Articles Declaration of Amendment and Restatement Trust if such amendment, supplement or modification would be reasonably likely to have a material impact on the Insurer or, on or before the Maturity Date with respect to any PPF, any PPF Shareholder of such PPF or such PPF, without the prior written consent of the Insurer;any (c) promptly after any amendment or waiver of any provision of the Administrative Services Agreement or the filing of any amendment to its Articles Declaration of Amendment and RestatementTrust, it shall provide the Insurer with a copy of any such amendment or waiver;, (d) in the event that either it or the Custodian shall terminate the Custodian Agreement, it shall enter into a custodian agreement with a successor Custodian or an affiliate thereof prior to the effective date of such termination; and (e) it shall maintain insurance policies covering its liabilities to its officers, directorstrustees, employees and agents under subparagraph (d) of Article XII IV of its Articles Declaration of Amendment and restatement Trust of the types and in the amounts as is customary for funds similar to the Fund.