Common use of General Agreements Clause in Contracts

General Agreements. The parties agree that: (a) Xxxxxx Xxxxxxx’x Responsibility. Xxxxxx Xxxxxxx is not acting as a fiduciary, foundation manager, commodity pool operator, commodity trading advisor or investment adviser in respect of any Account opened by Customer. Xxxxxx Xxxxxxx is not acting hereunder as a municipal advisor within the meaning of Section 975 of the Xxxx-Xxxxx Xxxx Street Reform & Consumer Protection Act. Customer is acting for its own account and has made its own independent decisions to effect transactions in Contracts and as to whether each transaction is prudent or appropriate for it based on Customer’s own judgment and upon advice from such advisors as it has deemed necessary. Customer is solely responsible for any trading decisions including order-routing decisions made by Customer. Xxxxxx Xxxxxxx does not make any recommendation as to where such orders should be executed and does not undertake to notify Customer of price improvement opportunities or more advantageous execution quality at particular exchange venues. Xxxxxx Xxxxxxx shall have no responsibility hereunder for compliance with any law or regulation governing the conduct of fiduciaries, foundation managers, commodity pool operators, commodity trading advisors or investment advisers. Without limitation of the foregoing, if Customer is an investment company registered under the Investment Company Act of 1940 (i) Xxxxxx Xxxxxxx shall comply with the segregation requirements of Section 4d(a)(2) of the CEA and the CFTC Rules or, if applicable, Part 30 of the CFTC Rules or, with respect to eligible cleared OTC derivatives, the rules of the derivatives clearing organization where such cleared OTC derivatives are cleared, with respect to assets deposited by Customer hereunder; (ii) Xxxxxx Xxxxxxx, as appropriate to Customer’s transactions and in accordance with the CEA and CFTC Rules (including Part 30 of such Rules and, as applicable, the rules of relevant derivatives clearing organizations), may place and maintain Customer’s assets to effect Customer’s transactions with another futures commission merchant (“FCM”), a clearing organization or a foreign bank (as such terms are defined under Rule 17f-6 under the Investment Company Act of 1940 promulgated by the Securities and Exchange Commission (“SEC”)) or a member of a foreign board of trade, and shall obtain an acknowledgement, as required under CFTC Rules 1.20(a) or 30.7(c) or the rules of relevant derivatives clearing organizations, as applicable, that such assets are held on behalf of Xxxxxx Xxxxxxx’x customers in accordance with the provisions of the CEA; (iii) Xxxxxx Xxxxxxx shall promptly furnish copies of or extracts from its records or such other information pertaining to Customer’s assets as the SEC through its employees or agents may request; (iv) any excess variation equity in respect of the Account, other than de minimis amounts, may be maintained with Xxxxxx Xxxxxxx only until the next Business Day following booking thereof in the Account by Xxxxxx Xxxxxxx; and (v) the parties acknowledge and agree that if at any time Customer’s custodial arrangement in respect of the Account no longer meets the requirements of this section 6(a), Customer shall withdraw its assets from the Account as soon as reasonably practicable.

General Agreements. The parties agree that: (a) Xxxxxx Mxxxxx Xxxxxxx’x Responsibility. Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx is not acting as a fiduciary, foundation manager, commodity pool operator, commodity trading advisor or investment adviser in respect of any Account opened by Customer. Xxxxxx Xxxxxxx is not acting hereunder as a municipal advisor within the meaning of Section 975 of the Xxxx-Xxxxx Xxxx Street Reform & Consumer Protection Act. Customer is acting for its own account and has made its own independent decisions to effect transactions in Contracts and as to whether each transaction is prudent or appropriate for it based on Customer’s own judgment and upon advice from such advisors as it has deemed necessary. Customer is solely responsible for any trading decisions including order-routing decisions made by Customer. Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx does not make any recommendation as to where such orders should be executed and does not undertake to notify Customer of price improvement opportunities or more advantageous execution quality at particular exchange venues. Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx shall have no responsibility hereunder for compliance with any law or regulation governing the conduct of fiduciaries, foundation managers, commodity pool operators, commodity trading advisors or investment advisers. Without limitation of the foregoing, if Customer is an investment company registered under the Investment Company Act of 1940 foregoing (i) Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx shall provide the services listed in Appendix C (which may be amended from time to time upon the written mutual consent of Mxxxxx Sxxxxxx and each Customer) to each Customer; (ii) Mxxxxx Sxxxxxx shall comply with the segregation requirements of Section 4d(a)(2) of the CEA and the CFTC Rules or, if applicable, Part 30 of the CFTC Rules or, with respect to eligible cleared OTC derivatives, the rules of the derivatives clearing organization where such cleared OTC derivatives are cleared, with respect to assets deposited by Customer hereunder; (iiiii) Xxxxxx XxxxxxxMxxxxx Sxxxxxx, as appropriate to Customer’s transactions and in accordance with the CEA and CFTC Rules (including Part 30 of such Rules and, as applicable, the rules of relevant derivatives clearing organizations), may place and maintain Customer’s assets to effect Customer’s transactions with another futures commission merchant (“FCM”), a clearing organization or a foreign bank (as such terms are defined under Rule 17f-6 under the Investment Company Act of 1940 promulgated by the Securities and Exchange Commission (“SEC”)) or a member of a foreign board of trade, and shall obtain an acknowledgement, as required under CFTC Rules 1.20(a) or 30.7(c) or the rules of relevant derivatives clearing organizations, as applicable, that such assets are held on behalf of Xxxxxx Mxxxxx Xxxxxxx’x customers in accordance with the provisions of the CEA; (iiiiv) Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx shall promptly furnish copies of or extracts from its records or such other information pertaining to Customer’s assets as the SEC through its employees or agents may request; (iv) any excess variation equity in respect of the Account, other than de minimis amounts, may be maintained with Xxxxxx Xxxxxxx only until the next Business Day following booking thereof in the Account by Xxxxxx Xxxxxxx; and (v) the parties acknowledge and agree that if at any time Customer’s custodial arrangement in respect of the Account no longer meets the requirements of this section 6(a), Customer shall withdraw its assets from the Account as soon as reasonably practicable.

General Agreements. The parties agree that: (a) Xxxxxx Xxxxxxx’x Responsibility. Xxxxxx Xxxxxxx is not acting as a fiduciary, foundation manager, commodity pool operator, commodity trading advisor or investment adviser in respect of any Account opened by Customer. Xxxxxx Xxxxxxx is not acting hereunder as a municipal advisor within the meaning of Section 975 of the Xxxx-Xxxxx Xxxx Street Reform & Consumer Protection Act. Customer is acting for its own account and has made its own independent decisions to effect transactions in Contracts and as to whether each transaction is prudent or appropriate for it based on Customer’s own judgment and upon advice from such advisors as it has deemed necessary. Customer is solely responsible for any trading decisions including order-routing decisions made by Customer. Xxxxxx Xxxxxxx does not make any recommendation as to where such orders should be executed and does not undertake to notify Customer of price improvement opportunities or more advantageous execution quality at particular exchange venues. Xxxxxx Xxxxxxx shall have no responsibility hereunder for compliance with any law or regulation governing the conduct of fiduciaries, foundation managers, commodity pool operators, commodity trading advisors or investment advisers. Without limitation of the foregoing, if Customer is an investment company registered under the Investment Company Act of 1940 foregoing (i) Xxxxxx Xxxxxxx shall provide the services listed in Appendix C (which may be amended from time to time upon the written mutual consent of Xxxxxx Xxxxxxx and each Customer) to each Customer; (ii) Xxxxxx Xxxxxxx shall comply with the segregation requirements of Section 4d(a)(2) of the CEA and the CFTC Rules or, if applicable, Part 30 of the CFTC Rules or, with respect to eligible cleared OTC derivatives, the rules of the derivatives clearing organization where such cleared OTC derivatives are cleared, with respect to assets deposited by Customer hereunder; (iiiii) Xxxxxx Xxxxxxx, as appropriate to Customer’s transactions and in accordance with the CEA and CFTC Rules (including Part 30 of such Rules and, as applicable, the rules of relevant derivatives clearing organizations), may place and maintain Customer’s assets to effect Customer’s transactions with another futures commission merchant (“FCM”), a clearing organization or a foreign bank (as such terms are defined under Rule 17f-6 under the Investment Company Act of 1940 promulgated by the Securities and Exchange Commission (“SEC”)) or a member of a foreign board of trade, and shall obtain an acknowledgement, as required under CFTC Rules 1.20(a) or 30.7(c) or the rules of relevant derivatives clearing organizations, as applicable, that such assets are held on behalf of Xxxxxx Xxxxxxx’x customers in accordance with the provisions of the CEA; (iiiiv) Xxxxxx Xxxxxxx shall promptly furnish copies of or extracts from its records or such other information pertaining to Customer’s assets as the SEC through its employees or agents may request; (iv) any excess variation equity in respect of the Account, other than de minimis amounts, may be maintained with Xxxxxx Xxxxxxx only until the next Business Day following booking thereof in the Account by Xxxxxx Xxxxxxx; and (v) the parties acknowledge and agree that if at any time Customer’s custodial arrangement in respect of the Account no longer meets the requirements of this section 6(a), Customer shall withdraw its assets from the Account as soon as reasonably practicable.