Common use of Additional Duties Clause in Contracts

Additional Duties. 2.01 MML 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, MML agrees that all such records prepared or maintained by MML relating to the services to be performed by MML 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. 2.02 MML 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 be voluntarily disclosed to any other person, except as may be required be law. 2.03 MML will endeavor to notify the Fund and to secure instructions from an authorized officer of the Fund in case of any requests or demands for the inspection of Shareholder records. MML reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person.

Additional Duties. 2.01 MML ML 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, MML ML agrees that all such records prepared or maintained by MML ML relating to the services to be performed by MML ML 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. 2.02 MML ML 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 be voluntarily disclosed to any other person, except as may be required be law. 2.03 MML ML will endeavor to notify the Fund and to secure instructions from an authorized officer of the Fund in case of any requests or demands for the inspection of Shareholder records. MML ML reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person.