Common use of Obligations of the Trust Clause in Contracts

Obligations of the Trust. The Trust will have the following obligations under this Agreement: a. The Trust shall keep the Servicer continuously and fully informed as to the composition of the Trust's investment portfolio and the nature of all of the Trust's assets and liabilities, and shall cause the investment managers of the Trust's series to cooperate with the Servicer in all matters so as to enable the Servicer to perform the Servicer's functions under this Agreement. b. The Trust shall furnish the Servicer with any materials or information which the Servicer may reasonably request to enable the Servicer to perform the Servicer's functions under this Agreement. c. The Trust shall turn over to the Servicer the accounts and records previously maintained by or for the Trust. The Servicer shall be entitled to rely exclusively on the completeness and correctness of the accounts and records turned over to the Servicer by the Trust; provided, that such reliance is made in good faith, and the Trust shall indemnify and hold the Servicer harmless of and from any and all expenses (including, without limitation, attorneys' and accountants' fees), damages, claims, suits, liabilities, actions, demands, and losses whatsoever arising out of or in connection with any error, omission, inaccuracy, or other deficiency of such accounts and records or in connection with the failure of the Trust to provide any portion of such accounts and records or to provide any information to the Servicer necessary or appropriate to perform the Servicer's functions hereunder; and provided, further, that such accounts, records, and other information shall belong to the Trust and be considered confidential, and shall not be disclosed to other than Federal and state regulators without permission from the Trust.

Appears in 8 contracts

Samples: Service Agreement (Rydex Dynamic Funds), Service Agreement (Rydex Series Funds), Service Agreement (Rydex Dynamic Funds)

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Obligations of the Trust. The Trust will have the following obligations under this Agreement: a. The Trust shall keep the Servicer continuously and fully informed as to the composition of the Trust's ’s investment portfolio and the nature of all of the Trust's ’s assets and liabilities, and shall cause the investment managers of the Trust's ’s series to cooperate with the Servicer in all matters so as to enable the Servicer to perform the Servicer's ’s functions under this Agreement. b. The Trust shall furnish the Servicer with any materials or information which the Servicer may reasonably request to enable the Servicer to perform the Servicer's ’s functions under this Agreement. c. The Trust shall turn over to the Servicer the accounts and records previously maintained by or for the Trust. The Servicer shall be entitled to rely exclusively on the completeness and correctness of the accounts and records turned over to the Servicer by the Trust; provided, that such reliance is made in good faith, and the Trust shall indemnify and hold the Servicer harmless of and from any and all expenses (including, without limitation, attorneys' and accountants' fees), damages, claims, suits, liabilities, actions, demands, and losses whatsoever arising out of or in connection with any error, omission, inaccuracy, or other deficiency of such accounts and records or in connection with the failure of the Trust to provide any portion of such accounts and records or to provide any information to the Servicer necessary or appropriate to perform the Servicer's ’s functions hereunder; and provided, further, that such accounts, records, and other information shall belong to the Trust and be considered confidential, and shall not be disclosed to other than Federal and state regulators without permission from the Trust.

Appears in 1 contract

Samples: Service Agreement (Rydex Variable Trust)

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