Common use of EXECUTION OF PURCHASE ORDERS AND REDEMPTION ORDERS Clause in Contracts

EXECUTION OF PURCHASE ORDERS AND REDEMPTION ORDERS. (a) All Purchase Orders or Redemption Orders shall be made in accordance with the terms of the Prospectus and the procedures described in Annex II hereto. Each party hereto agrees to comply with the provisions of such documents to the extent such documents are applicable. It is contemplated that the telephone lines used by the Distributor and the ETF Administrator will be recorded, and the Authorized Participant hereby consents to the recording of all calls with the Distributor and ETF Administrator, provided that the Distributor and the ETF Administrator, as applicable, shall, if allowable pursuant to applicable law, promptly provide copies of recordings of any such calls, which have been retained in accordance with the Distributor’s or the ETF Administrator’s usual document retention policy, to the Authorized Participant upon reasonable written request by the Authorized Participant. In the event that any recording party becomes legally compelled to disclose to any third party any recording involving communications with the Authorized Participant, such recording party shall provide the Authorized Participant with reasonable advance written notice identifying the recordings to be so disclosed, together with copies of such recordings, to the extent legally permitted to do so, so that the Authorized Participant may seek a protective order or other appropriate remedy with respect to the recordings or waive its right to do so.

Appears in 7 contracts

Samples: Authorized Participant Agreement (Pointbreak ETF Trust), Authorized Participant Agreement (Pointbreak ETF Trust), Authorized Participant Agreement (Pointbreak ETF Trust)

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