Common use of FATCA Compliance Clause in Contracts

FATCA Compliance. Dealer hereby agrees to perform the following to permit the Distributor to comply with its obligations pursuant to that certain United States legislation enacted in 2010 and generally referred to as the Foreign Account Tax Compliance Act (“FATCA”): i. Dealer shall collect from all customers and existing accountholders (each, a “Customer” and collectively, the “Customers”) valid documentation sufficient to establish the U.S.-status or non-U.S. status, as the case may be, of each such Customer, including by requiring Customers to provide Dealer with an executed United States Internal Revenue Service Form W-8BEN or other applicable United States Internal Revenue Service Form W- 8 (or any successor thereto) and/or a United States Internal Revenue Service Form W-9 (or any successor thereto). All such documentation hereinafter referred to as the “Customer Information.” ii. Dealer shall resolve to the reasonable satisfaction of the Distributor any discrepancies in any Customer Information. iii. Dealer shall monitor the Customers and Customer Information for any changes with respect to a Customer’s U.S. or non-U.S. status, as the case may be. iv. Dealer shall promptly notify Distributor of any discrepancies in any Customer Information and any changes in circumstances relating to a Customer’s U.S. or non-U.S. status, as the case may be. v. To the extent required by applicable law, Dealer shall obtain from each Customer a waiver of such Customer’s privacy, data protection and similar rights in connection with the collection, processing and transferring of the Customers’ personal data pursuant to the Distributor’s obligations under FATCA, or otherwise obtain the written consent of the Customer for the Dealer or the Distributor to collect, process and transfer the Customer’s personal data pursuant to the Distributor’s obligations under FATCA, in each case in such form of waiver or consent as provided by Distributor to the Dealer. vi. If and when obtained by the Dealer, Dealer shall provide the Distributor with its Global Intermediary Identification Number as issued to the Dealer by the U.S. Internal Revenue Service. vii. Dealer shall maintain accurate and complete books and records of all Customer Information (the “Books and Records”), which Books and Records shall be (a) maintained in accordance with any and all applicable laws and (b) in an accessible format. viii. Dealer shall maintain facilities and procedures that are in accordance with commercially reasonable standards of recordkeeping for safekeeping the Books and Records. Dealer shall back up all of its computer files relating to the Books and Records on a daily basis and shall maintain back up files in an offsite location. ix. Dealer shall make available all Books and Records (including access to appropriate employees and representatives of Dealer) to the Distributor, its auditors, counsel or other designees, and regulatory agencies, during normal business hours and on reasonable notice, for review, audit, inspection, examination and reproduction, at the Distributor’s cost. Dealer hereby agrees to indemnify, to the fullest extent permitted by applicable law, the Distributor and its affiliates, directors, officers, employees, successors, permitted assigns, agents and representatives (the “Distributor Indemnitees”) against and agrees to hold each of them harmless from any and all damage, loss, liability, judgment, settlement, cost and expense (including reasonable attorneys’ fees and other expenses of investigation and reasonable attorneys’ fees and other expenses in connection with any action, suit or proceeding) incurred or suffered by the Distributor or any Distributor Indemnitees arising out of or relating to any breach or nonfulfillment by the Dealer of, or any failure by the Dealer to perform, any of the duties or obligations under, this Section “21. FATCA Compliance.”

FATCA Compliance. Dealer You hereby agrees agree to perform the following to permit the Distributor Trust to comply with its obligations pursuant to that certain United States legislation enacted in 2010 and generally referred to as the Foreign Account Tax Compliance Act (“FATCA”): i. Dealer You shall collect from all customers and existing accountholders (each, a “Customer” and collectively, the “Customers”) valid documentation sufficient to establish the U.S.-status or non-U.S. status, as the case may be, of each such Customer, including by requiring Customers to provide Dealer you with an executed United States Internal Revenue Service Form W-8BEN or other applicable United States Internal Revenue Service Form W- 8 W-8 (or any successor thereto) and/or a United States Internal Revenue Service Form W-9 (or any successor thereto). All such documentation hereinafter referred to as the “Customer Information.” ii. Dealer You shall resolve to the reasonable satisfaction of the Distributor Trust any discrepancies in any Customer Information. iii. Dealer You shall monitor the Customers and Customer Information for any changes with respect to a Customer’s U.S. or non-U.S. status, as the case may be. iv. Dealer You shall promptly notify Distributor the Trust of any discrepancies in any Customer Information and any changes in circumstances relating to a Customer’s U.S. or non-U.S. status, as the case may be. v. To the extent required by applicable law, Dealer you shall obtain from each Customer a waiver of such Customer’s privacy, data protection and similar rights in connection with the collection, processing and transferring of the Customers’ personal data pursuant to the DistributorTrust’s obligations under FATCA, or otherwise obtain the written consent of the Customer for the Dealer you or the Distributor Trust to collect, process and transfer the Customer’s personal data pursuant to the DistributorTrust’s obligations under FATCA, in each case in such form of waiver or consent as provided by Distributor Trust to the Dealeryou. vi. If and when obtained by the Dealeryou, Dealer you shall provide the Distributor Trust with its your Global Intermediary Identification Number as issued to the Dealer you by the U.S. Internal Revenue Service. vii. Dealer You shall maintain accurate and complete books and records of all Customer Information (the “Books and Records”), which Books and Records shall be (a) maintained in accordance with any and all applicable laws and (b) in an accessible format. viii. Dealer You shall maintain facilities and procedures that are in accordance with commercially reasonable standards of recordkeeping for safekeeping the Books and Records. Dealer You shall back up all of its computer files relating to the Books and Records on a daily basis and shall maintain back up files in an offsite location. ix. Dealer You shall make available all Books and Records (including access to your appropriate employees and representatives of Dealerrepresentatives) to the DistributorTrust, its auditors, counsel or other designees, and regulatory agencies, during normal business hours and on reasonable notice, for review, audit, inspection, examination and reproduction, at the DistributorTrust’s or its agent’s cost. Dealer You hereby agrees agree to indemnify, to the fullest extent permitted by applicable law, the Distributor Trust and its affiliates, directors, officers, employees, successors, permitted assigns, agents and representatives (the “Distributor Trust Indemnitees”) against and agrees agree to hold each of them harmless from any and all damage, loss, liability, judgment, settlement, cost and expense (including reasonable attorneys’ fees and other expenses of investigation and reasonable attorneys’ fees and other expenses in connection with any action, suit or proceeding) incurred or suffered by the Distributor Trust or any Distributor Trust Indemnitees arising out of or relating to any breach or nonfulfillment by the Dealer you of, or any failure by the Dealer you to perform, any of the duties or obligations under, this Section “2118. FATCA Compliance.”

FATCA Compliance. Dealer hereby agrees to perform the following to permit the Distributor to comply with its obligations pursuant to that certain United States legislation enacted in 2010 and generally referred to as the Foreign Account Tax Compliance Act (“FATCA”): i. Dealer shall collect from all customers and existing accountholders (each, a “Customer” and collectively, the “Customers”) valid documentation sufficient to establish the U.S.-status or non-U.S. status, as the case may be, of each such Customer, including by requiring Customers to provide Dealer with an executed United States Internal Revenue Service Form W-8BEN or other applicable United States Internal Revenue Service Form W- 8 W-8 (or any successor thereto) and/or a United States Internal Revenue Service Form W-9 (or any successor thereto). All such documentation hereinafter referred to as the “Customer Information.” ii. Dealer shall resolve to the reasonable satisfaction of the Distributor any discrepancies in any Customer Information. iii. Dealer shall monitor the Customers and Customer Information for any changes with respect to a Customer’s U.S. or non-U.S. status, as the case may be. iv. Dealer shall promptly notify Distributor of any discrepancies in any Customer Information and any changes in circumstances relating to a Customer’s U.S. or non-U.S. status, as the case may be. v. To the extent required by applicable law, Dealer shall obtain from each Customer a waiver of such Customer’s privacy, data protection and similar rights in connection with the collection, processing and transferring of the Customers’ personal data pursuant to the Distributor’s obligations under FATCA, or otherwise obtain the written consent of the Customer for the Dealer or the Distributor to collect, process and transfer the Customer’s personal data pursuant to the Distributor’s obligations under FATCA, in each case in such form of waiver or consent as provided by Distributor to the Dealer. vi. If and when obtained by the Dealer, Dealer shall provide the Distributor with its Global Intermediary Identification Number as issued to the Dealer by the U.S. Internal Revenue Service. vii. Dealer shall maintain accurate and complete books and records of all Customer Information (the “Books and Records”), which Books and Records shall be (a) maintained in accordance with any and all applicable laws and (b) in an accessible format. viii. Dealer shall maintain facilities and procedures that are in accordance with commercially reasonable standards of recordkeeping for safekeeping the Books and Records. Dealer shall back up all of its computer files relating to the Books and Records on a daily basis and shall maintain back up files in an offsite location. ix. Dealer shall make available all Books and Records (including access to appropriate employees and representatives of Dealer) to the Distributor, its auditors, counsel or other designees, and regulatory agencies, during normal business hours and on reasonable notice, for review, audit, inspection, examination and reproduction, at the Distributor’s cost. Dealer hereby agrees to indemnify, to the fullest extent permitted by applicable law, the Distributor and its affiliates, directors, officers, employees, successors, permitted assigns, agents and representatives (the “Distributor Indemnitees”) against and agrees to hold each of them harmless from any and all damage, loss, liability, judgment, settlement, cost and expense (including reasonable attorneys’ fees and other expenses of investigation and reasonable attorneys’ fees and other expenses in connection with any action, suit or proceeding) incurred or suffered by the Distributor or any Distributor Indemnitees arising out of or relating to any breach or nonfulfillment by the Dealer of, or any failure by the Dealer to perform, any of the duties or obligations under, this Section “21. FATCA Compliance.”

FATCA Compliance. Dealer hereby agrees to perform the following to permit the Distributor to comply with its obligations pursuant to that certain United States legislation enacted in 2010 and generally referred to as the Foreign Account Tax Compliance Act (“FATCA”): i. Dealer shall collect from all customers and existing accountholders (each, a “Customer” and collectively, the “Customers”) valid documentation sufficient to establish the U.S.-status or non-U.S. status, as the case may be, of each such Customer, including as required by applicable Treasury Regulations, which may include requiring Customers to provide Dealer with an executed United States Internal Revenue Service Form W-8BEN or other applicable United States Internal Revenue Service Form W- 8 W-8 (or any successor thereto) and/or a United States Internal Revenue Service Form W-9 (or any successor thereto). All such documentation hereinafter referred to as the “Customer Information.” ii. Dealer shall resolve to the reasonable satisfaction of the Distributor any discrepancies in any Customer Information. iii. Dealer shall monitor the Customers and Customer Information for any changes with respect to a Customer’s U.S. or non-U.S. status, as the case may be. iv. Upon reasonable request by Distributor, Dealer shall promptly notify Distributor of any discrepancies in any Customer Information and any changes in circumstances relating to a Customer’s U.S. or non-U.S. status, as the case may be. v. To the extent required by applicable law, Dealer shall obtain from each Customer a waiver of such Customer’s privacy, data protection and similar rights in connection with the collection, processing and transferring of the Customers’ personal data pursuant to the Distributor’s obligations under FATCA, or otherwise obtain the written consent of the Customer for the Dealer or the Distributor to collect, process and transfer the Customer’s personal data pursuant to the Distributor’s obligations under FATCA, in each case in such form of waiver or consent as provided by Distributor to the Dealer. vi. If and when obtained by the Dealer, Dealer shall provide the Distributor with its Global Intermediary Identification Number as issued to the Dealer by the U.S. Internal Revenue Service. vii. Dealer shall maintain accurate and complete books and records of all Customer Information (the “Books and Records”), which Books and Records shall be (a) maintained in accordance with any and all applicable laws and (b) in an accessible format. viii. Dealer shall maintain facilities and procedures that are in accordance with commercially reasonable standards of recordkeeping for safekeeping the Books and Records. Dealer shall back up all of its computer files relating to the Books and Records on a daily basis and shall maintain back up files in an offsite location. ix. Dealer shall make available all the relevant portion of its Books and Records (including access to appropriate employees and representatives of Dealer) to the Distributor, its auditors, counsel or other designees, and regulatory agencies, during normal business hours and on reasonable notice, for review, audit, inspection, examination and reproduction, at the Distributor’s cost. Dealer hereby agrees to indemnify, to the fullest extent permitted by applicable law, the Distributor and its affiliates, directors, officers, employees, successors, permitted assigns, agents and representatives (the “Distributor Indemnitees”) against and agrees to hold each of them harmless from any and all damage, loss, liability, judgment, settlement, cost and expense (including reasonable attorneys’ fees and other expenses of investigation and reasonable attorneys’ fees and other expenses in connection with any action, suit or proceeding) incurred or suffered by the Distributor or any Distributor Indemnitees arising out of or relating to any breach or nonfulfillment by the Dealer of, or any failure by the Dealer to perform, any of the duties or obligations under, this Section “21. FATCA Compliance.”