Common use of Contents of Written Assessment Clause in Contracts

Contents of Written Assessment. The annual written assessment required by this Section 6.6 shall include: (A) an evaluation of the performance of the CAT, including the items specified in SEC Rule 613(b)(6)(i) and other performance metrics identified by the Chief Compliance Officer, and a description of such metrics; (B) a detailed plan, based on the evaluation conducted pursuant to Section 6.6(b)(i), for any potential improvements to the performance of the CAT with respect to the items specified in SEC Rule 613(b)(6)(ii), as well as: (1) an evaluation of potential technology upgrades based on a review of technological advancements over the preceding year, drawing on technological expertise whether internal or external; (2) an evaluation of the time necessary to restore and recover CAT Data at a back-up site; (3) an evaluation of the information security program to ensure that the program is consistent with the highest industry standards for the protection of data; (4) an evaluation of how the Plan Processor and the Participants are monitoring Error Rates and to explore the imposition of Error Rates based on product, data elements or other criteria; (5) a copy of the evaluation required by Section 6.8(c) as to whether industry standards have evolved such that: (i) the synchronization standard in Section 6.8(a) should be shortened; or (ii) the required time stamp in Section 6.8(b) should be in finer increments; (6) an assessment of whether any data elements should be added, deleted or changed; and (7) any other items identified and described by the Chief Compliance Officer; (C) an estimate of the costs and benefits associated with any potential improvements to the performance of the CAT, including an assessment of the potential impact on competition, efficiency, capital formation, and investor protection; and (D) an estimated implementation timeline for any potential improvements to the performance of the CAT, if applicable.

Appears in 8 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement, Limited Liability Company Agreement

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Contents of Written Assessment. The annual written assessment required by this Section 6.6 shall include: (A) an evaluation of the performance of the CAT, including the items specified in SEC Rule 613(b)(6)(i) and other performance metrics identified by the Chief Compliance Officer, and a description of such metrics; (B) a detailed plan, based on the evaluation conducted pursuant to Section 6.6(b)(i), for any potential improvements to the performance of the CAT with respect to the items specified in SEC Rule 613(b)(6)(ii), as well as: (1) an evaluation of potential technology upgrades based on a review of technological advancements over the preceding year, drawing on technological expertise whether internal or external; (2) an evaluation of the time necessary to restore and recover CAT Data at a back-up site; (3) an evaluation of the information security program to ensure that the program is consistent with the highest industry standards for the protection of data; (4) an evaluation of how the Plan Processor and the Participants are monitoring Error Rates and to explore the imposition of Error Rates based on product, data elements or other criteria; (5) a copy of the evaluation required by Section 6.8(c) as to whether industry standards have evolved such that: (i) the synchronization standard in Section 6.8(a) should be shortened; or (ii) the required time stamp in Section 6.8(b) should be in finer increments; be added, deleted or changed; and Compliance Officer; (6) an assessment of whether any data elements should be added, deleted or changed; andshould (7) any other items identified and described by the Chief Compliance Officer;Chief (C) an estimate of the costs and benefits associated with any potential improvements to the performance of the CAT, including an assessment of the potential impact on competition, efficiency, capital formation, and investor protection; and (D) an estimated implementation timeline for any potential improvements to the performance of the CAT, if applicable.

Appears in 5 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement, Limited Liability Company Agreement

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