Common use of Capacity and Authority to Act Clause in Contracts

Capacity and Authority to Act. The Agent and its officers, employees and agents are not authorized to make any representations concerning the Trust or the Shares to Customers or prospective Customers, excepting only accurate communication of factual information contained in the then-current Prospectus and SAI offering Shares of the relevant Fund or such other communications as may be expressly authorized by the Trust. In performing its services under this Agreement, the Agent shall act as agent for the Customer and shall have no authority to act as agent for the Trust. Upon request by the Trust, the Agent shall provide the Trust with copies of any materials which are generally circulated by the Agent to its Customers or prospective Customers. The Agent and its officers and employees shall be available during normal business hours to consult with the Trust and the Trust's other service providers concerning the performance of the Agent's responsibilities under this Agreement.

Capacity and Authority to Act. The Agent and its officers, employees and agents are not authorized to make any representations concerning the Trust or the Shares to Customers or prospective Customers, excepting only accurate communication of factual information contained in the then-current Prospectus and SAI offering Shares of the relevant Fund or such other communications as may be expressly authorized by the Trust. In performing its services under this Agreement, the Agent shall act as agent for the Customer and shall have no authority to act as agent for the Trust. Upon request by the Trust, the Agent shall provide the Trust with copies of any materials which are generally circulated by the Agent to its Customers or prospective Customers. The Agent and its officers and employees shall be available during normal business hours to consult with the Trust and the Trust's other service providers concerning the performance of the Agent's responsibilities under this Agreement.