Common use of Notes and Conditions to Financial Intermediaries Services Clause in Contracts

Notes and Conditions to Financial Intermediaries Services. (a) If the Client fails to settle any trade of Shares (a "settlement failure") transacted over the FundServ network maintained by the National Securities Clearing Corporation ("NSCC"), the Client shall, prior to one hour before the next settlement of Shares, (i) notify Forum about the settlement failure and (ii) provide Forum with a description of the specific remedial and prospective actions proposed to be taken by the Client in order to remedy such settlement failure and avoid any settlement failures in the future (a "remediation plan"). If (i) the Client fails to notify Forum about a settlement failure on a timely basis and (ii) the Client fails to deliver the remediation plan on a timely basis, or (iii) the remediation plan is inadequate (in Forum's reasonable opinion), then, upon written notice to the Client, Forum may terminate the performance of any services rendered to the Client under Section 5.1 of this Appendix A immediately and without penalty. (b) If Forum is or, in Forum's reasonable opinion, Forum may be the subject to any disciplinary action by the NSCC, including, but not limited to fine or censure, expulsion, suspension, limitation of or restriction on activities, functions, and operations (collectively, an "NSCC sanction") as a result of the activities of the Client or its respective agents, then Forum may, in its sole discretion, demand, in writing, that the Client provide Forum with adequate assurances specifying any remedial and prospective actions to be taken in order to remedy or avoid an NSCC sanction. If the Client does not, within seven (7) days of such demand provide adequate assurances satisfactory to Forum in response to any NSCC sanction, then, upon written notice to the Client, Forum may terminate the performance of any services rendered to the Client under Section 5.1 of this Appendix A immediately and without penalty.

Notes and Conditions to Financial Intermediaries Services. (a) If the Client fails to settle any trade of Shares (a "settlement failureSETTLEMENT FAILURE") transacted over the FundServ network maintained by the National Securities Clearing Corporation ("NSCC"), the Client shall, prior to one hour before the next settlement of Shares, (i) notify Forum Citigroup about the settlement failure and (ii) provide Forum Citigroup with a description of the specific remedial and prospective actions proposed to be taken by the Client in order to remedy such settlement failure and avoid any settlement failures in the future (a "remediation plan"). If (i) the Client fails to notify Forum Citigroup about a settlement failure on a timely basis and (ii) the Client fails to deliver the remediation plan on a timely basis, or (iii) the remediation plan is inadequate (in ForumCitigroup's reasonable opinion), then, upon written notice to the Client, Forum Citigroup may terminate the performance of any services rendered to the Client under Section 5.1 of this Appendix A immediately and without penalty. (b) If Forum Citigroup is or, in ForumCitigroup's reasonable opinion, Forum Citigroup may be the subject to any disciplinary action by the NSCC, including, but not limited to fine or censure, expulsion, suspension, limitation of or restriction on activities, functions, and operations (collectively, an "NSCC sanctionSANCTION") as a result of the activities of the Client or its respective agents, then Forum Citigroup may, in its sole discretion, demand, in writing, that the Client provide Forum Citigroup with adequate assurances specifying any remedial and prospective actions to be taken in order to remedy or avoid an NSCC sanction. If the Client does not, within seven (7) days of such demand provide adequate assurances C-4 (Transfer Agency) satisfactory to Forum Citigroup in response to any NSCC sanction, then, upon written notice to the Client, Forum Citigroup may terminate the performance of any services rendered to the Client under Section 5.1 of this Appendix A immediately and without penalty.

Notes and Conditions to Financial Intermediaries Services. (a) If the Client fails to settle any trade of Shares (a "“settlement failure"”) transacted over the FundServ network maintained by the National Securities Clearing Corporation ("“NSCC"”), the Client shall, prior to one hour before the next settlement of Shares, (i) notify Forum Citigroup about the settlement failure and (ii) provide Forum Citigroup with a description of the specific remedial and prospective actions proposed to be taken by the Client in order to remedy such settlement failure and avoid any settlement failures in the future (a "“remediation plan"”). If (i) the Client fails to notify Forum Citigroup about a settlement failure on a timely basis and (ii) the Client fails to deliver the remediation plan on a timely basis, or (iii) the remediation plan is inadequate (in Forum's Citigroup’s reasonable opinion), then, upon written notice to the Client, Forum Citigroup may terminate the performance of any services rendered to the Client under Section 5.1 of this Appendix A E immediately and without penalty. (b) If Forum Citigroup is or, in Forum's Citigroup’s reasonable opinion, Forum Citigroup may be the subject to any disciplinary action by the NSCC, including, but not limited to fine or censure, expulsion, suspension, limitation of or restriction on activities, functions, and operations (collectively, an "“NSCC sanction"”) as a result of the activities of the Client or its respective agents, then Forum Citigroup may, in its sole discretion, demand, in writing, that the Client provide Forum Citigroup with adequate assurances specifying any remedial and prospective actions to be taken in order to remedy or avoid an NSCC sanction. If the Client does not, within seven (7) days of such demand provide adequate assurances satisfactory to Forum Citigroup in response to any NSCC sanction, then, upon written notice to the Client, Forum Citigroup may terminate the performance of any services rendered to the Client under Section 5.1 of this Appendix A E immediately and without penalty.