Dealing with Others and Self. Subject to the foregoing, the Trustee may, and is hereby expressly authorized from time to time, in its sole discretion, to appoint, employ, invest in, contract or deal with any individual, firm, partnership, association, trust or body corporate with which it may be directly or indirectly affiliated or in which it may be directly or indirectly interested, whether on its own account or for the account of another (in a fiduciary capacity or otherwise) and, without limiting the generality of the foregoing, the Trustee may:
(a) purchase, hold, sell, invest in or otherwise deal with securities or other property of the same class and nature as may be held by the Trust, whether on the Trustee’s own account or for the account of another (in a fiduciary capacity or otherwise);
(b) use in other capacities, knowledge gained in its capacity as Trustee hereunder; provided that such use does not adversely affect the interests of the Trust and provided further that the Trustee may not make use of any specific confidential information for its own benefit or advantage that, if generally known, might be expected to affect materially the value of the Trust Property or the Units;
(c) retain cash balances from time to time on hand in the Trust and pay interest to the Trust on such balances and the Trustee may, in its sole discretion:
(i) hold the same on a pooled basis and pay interest thereon at the rate from time to time established by the Trustee and paid with respect to cash balances so held for similar accounts; or
(ii) hold such cash balances on deposit with a Canadian chartered bank or such other deposit-taking institution in any jurisdiction, including itself or its Affiliates, in such interest bearing account as the Trustee, in its sole discretion, may determine; and,
(d) provide financial, investment or brokerage services related to any securities which form part of the Trust Property or to the issuer of any securities forming part of the Trust Property, invest in the securities or other property of any body corporate with which the Trustee may be directly or indirectly associated, affiliated or interested, or earn profits from any of the activities listed herein, all without being liable to account therefor and without being in breach of the trust established hereunder.
Dealing with Others and Self. The Manager's services to the Funds are not exclusive and, subject to the limitations otherwise provided in this Trust Agreement on the power and authorities of the Manager and the Manager's standard of care as set out in Section 13.1 the Manager may for any purpose, and is hereby expressly authorized from time to time in its discretion to, appoint, employ, invest in, contract or deal with any individual, firm, partnership, association, trust or body corporate, including without limitation, itself and any partnership, trust or body corporate with which it may directly or indirectly be affiliated or in which it may be directly or indirectly interested, whether on its own account or for the account of another (in a fiduciary capacity or otherwise), without being liable to account therefor and without being in breach of this Trust Agreement, subject only to the requirements of Securities Legislation. Without limiting the generality of the foregoing, the Manager may:
(a) purchase, hold, sell, invest in or otherwise deal with securities or other property of the same class and nature as may be held by the Funds, whether on the Manager's own account or for the account of another (in a fiduciary capacity or otherwise);
(b) act in the same transaction as agent for more than one client;
(c) use in other capacities, knowledge gained in its capacity as Manager hereunder; provided that such use does not adversely affect the interests of the Funds and provided further that the Manager may not make use of any specific confidential information for its own benefit or advantage that, if generally known, might be expected to affect materially the value of Fund Property;
(d) retain cash balances from time to time on hand in a Fund and pay interest to the Fund on such balances;
(e) invest in the securities or other property of any entity with which the Manager may be directly or indirectly associated, affiliated or interested; and
(f) earn profits from any of the activities listed herein; without being liable to account therefor and without being in breach of the trust established hereunder.
Dealing with Others and Self. Subject to the foregoing, the Trustee may, and is hereby expressly authorized from time to time, in its sole discretion, to appoint, employ, invest in, contract or deal with any individual, firm, partnership, association, trust or body corporate with which it may be directly or indirectly affiliated or in which it may be directly or indirectly interested, whether on its own account or for the account of another (in a fiduciary capacity or otherwise) and, without limiting the generality of the foregoing, the Trustee may:
Dealing with Others and Self. The Trustee is hereby expressly authorized from time to time in its sole discretion to appoint, employ, invest in, contract with or deal with any Person including itself, any of its Affiliates or any Person in which it may be directly or indirectly interested, whether on its own account or for the account of another (in a fiduciary capacity or otherwise) and, without limiting the generality of the foregoing, the Trustee may:
(a) purchase, hold, sell, invest in or otherwise deal with securities or other property of the same class and nature as may be held by the Fund, whether on the Trustee's own account or for the account of another (in a fiduciary capacity or otherwise);
(b) invest in the securities or other property of any Person with which the Trustee may be directly or indirectly associated, affiliated or interested; and
(c) use knowledge gained in its capacity as trustee hereunder in other capacities, provided that such use does not adversely affect the interests of the Fund, the Manager or the Investment Advisor, and provided further that the Trustee may not make use of any confidential information of the Fund, the Manager or the Investment Advisor, without being liable to account therefor and without being in breach of any trust established hereunder; provided, however, that notwithstanding the foregoing, the Trustee shall not utilize for its own benefit or for the benefit of its Affiliates or any Person other than the Fund, any information obtained in connection with the execution of its duties hereunder with respect to the Manager's or Investment Advisor's executed or proposed transactions or strategies for the Fund.
Dealing with Others and Self. Subject to the foregoing, the Trustee may, and is hereby expressly authorized from time to time, in its sole discretion, to appoint, employ, invest in, contract or deal with any individual, firm, partnership, association, trust or body corporate with which it may be directly or indirectly affiliated or in which it may be directly or indirectly interested, whether on its own account or for the account of another (in a fiduciary capacity or otherwise) and, without limiting the generality of the foregoing, the Trustee may: (a) purchase, hold, sell, invest in or otherwise deal with securities or other property of the same class and nature as may be held by the Trust, whether on the Trustee’s own account or for the account of another (in a fiduciary capacity or otherwise); (b) use in other capacities, knowledge gained in its capacity as Trustee hereunder; provided that such use does not adversely affect the interests of the Trust and provided further that the Trustee may not make use of any specific confidential information for its own benefit or advantage that, if generally known, might be expected to affect materially the value of the Trust Property or the Units; (c) retain cash balances from time to time on hand in the Trust and pay interest to the Trust on such balances and the Trustee may, in its sole discretion: all without being liable to account therefor and without being in breach of the trust established hereunder.
