Common use of Duties of Each Fund Clause in Contracts

Duties of Each Fund. (a) The Managing Owner, on behalf of each Fund, agrees that it will take all reasonable action necessary to monitor available Shares registered by each Fund and to register additional Shares of a Fund pursuant to the 1933 Act as may be required from time to time. The Managing Owner will make available to the Distributor such number of copies of each Fund’s then currently effective Prospectus and product description as the Distributor may reasonably request. The Managing Owner will furnish to the Distributor copies of annual audited reports of each Fund made by independent public accountants regularly retained by the Funds and such other publicly available information that the Distributor may reasonably request for use in connection with the distribution of Baskets. The Managing Owner shall keep the Distributor informed of the jurisdictions in which it has filed notice filings for Shares for sale on behalf of each Fund under the securities laws thereof and shall promptly notify the Distributor of any change in this information. The Distributor shall not be liable for damages resulting from the sale of Shares in authorized jurisdictions where the Distributor had no information from the Managing Owner that such sale or sales were unauthorized at the time of such sale or sales.

Appears in 4 contracts

Samples: Distribution Services Agreement (FactorShares 2X: S&P500 Bull/TBond Bear), Distribution Services Agreement (FactorShares 2X: S&P500 Bull/Usd Bear), Distribution Services Agreement (FactorShares 2X: Gold Bull/S&p500 Bear)

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