Common use of Barclays Global Investors, N Clause in Contracts

Barclays Global Investors, N. A. terminates its Custodial, Fund Accounting and Services Agreement (as amended) with the Bank pursuant to the fiduciary capacity provision in Section 13.1(b)(ii) of such agreement; provided that Trust shall not exercise its rights under subsections (c)(i) or (ii) above unless Trust has first provided written notice to Bank of its intent to terminate under such subsection, and Bank: (x) does not present a plan to remedy or cure the KPI or breach that is reasonably acceptable to the Trust, which plan will be provided as soon as practicable, and in any event not later than ten (10) days after such notice, and (y) has not made substantial progress toward curing or remedying that KPI or breach in material respects to the reasonable satisfaction of the Trust, within thirty (30) days of presenting such plan to the Trust.

Barclays Global Investors, N. A. terminates its Custodial, Fund Accounting and Services Agreement (as amended) with the Bank pursuant to the fiduciary capacity provision in Section 13.1(b)(ii) of such agreement; provided that the Trust shall not exercise its rights under subsections (c)(i) or (ii) above unless the Trust has first provided written notice to the Bank of its intent to terminate under such subsection, and the Bank: (x) does not present a plan to remedy or cure the KPI or breach breach(es) that is reasonably acceptable to the Trust, which plan will be provided as soon as practicable, and in any event not later than ten (10) days after such notice, and (y) has not made substantial progress toward curing or remedying that KPI or breach breach(es) in material respects to the reasonable satisfaction of the Trust, within thirty (30) days of presenting such plan to the Trust.

Barclays Global Investors, N. A. terminates its Custodial, Fund Accounting and Services Agreement (as amended) with the Bank pursuant to the fiduciary capacity provision in Section 13.1(b)(ii) of such agreement; provided that the Trust shall not exercise its rights under subsections (c)(ii) or (ii) above unless the Trust has first provided written notice to the Bank of its intent to terminate under such subsection, and the Bank: (x) does not present a plan to remedy or cure the KPI or breach that is reasonably acceptable to the Trust, which plan will be provided as soon as practicable, and in any event not later than ten (10) days after such notice, and (y) has not made substantial progress toward curing or remedying that KPI or breach in material respects to the reasonable satisfaction of the Trust, within thirty (30) days of presenting such plan to the Trust.