Common use of Order Processing Clause in Contracts

Order Processing. (a) In addition to the recordkeeping to be performed in accordance with Section 1.02 above, the Fund hereby appoints Trust Company, and Trust Company agrees to act, as the Fund's agent for the purpose of receiving requests for the purchase and redemption of Shares or Units and communicating such requests to the Fund's Transfer Agent, subject to and in accordance with the terms of this Agreement, and as follows: (i) Trust Company shall receive from the Plans, Plan participants, Plan sponsors, authorized Plan committees or Plan trustees, according to Trust Company's agreement with each Plan, by the close of regular trading on the New York Stock Exchange (the "Close of Trading") each business day that the New York Stock Exchange is open for business ("Business Day") instructions for the purchase and redemption of Shares (together, "Instructions"). Instructions received by Trust Company after the Close of Trading on any Business Day shall be treated as received on the next Business Day. (ii) In connection with the COMPASS system, Trust Company shall compute net purchase requests or net redemption requests for Shares of the Fund for each Plan based on Instructions received each Business Day. (iii) Trust Company shall communicate purchase and redemption requests for Shares of the Fund, netted in accordance with (ii) above in the case of COMPASS ("Orders"), to the Transfer Agent, for acceptance by the Fund or its agents, in the manner specified herein, and promptly deliver, or instruct the Plans (or the Plans' trustees as the case may be) to deliver, appropriate documentation and, in the case of purchase requests, payment therefor to the Transfer Agent. Orders shall be based solely on Instructions received by Trust Company from the Plans, Plan participants, Plan sponsors, authorized Plan committees or Plan trustees. (b) Trust Company shall maintain adequate records related to, and advise the Transfer Agent as to, the foregoing, as instructed by the Fund, or by the Transfer Agent or other person designated to act on the Fund's behalf. To the extent required under the 1940 Act and rules thereunder, Trust Company agrees that such records maintained by it hereunder will be preserved, maintained and made available in accordance with the provisions of the 1940 Act and rules thereunder, and copies or, if required, originals will be surrendered promptly to the Fund, Transfer Agent or other person designated to act on the Fund's behalf, on and in accordance with its request. Records surrendered hereunder shall be in machine readable form, except to the extent that Trust Company has maintained such records only in paper form. This provision shall survive the termination of this Agreement. (c) Trust Company shall perform its duties hereunder subject to the terms and conditions of the Fund's current prospectus; the Fund and the Trust Company may establish such additional procedures for order processing not inconsistent with the terms of this Agreement as they reasonably determine to be necessary or advisable from time to time. (d) Trust Company acknowledges that it is not authorized by the Fund to register the transfer of the Fund's Shares or to transfer record ownership of the Fund's Shares, and that only the Transfer Agent is authorized to perform such activities.

Order Processing. (a) In addition to the recordkeeping to be performed in accordance with Section 1.02 above, the Fund hereby appoints Trust Company, and Trust Company agrees to act, as the Fund's agent for the purpose of receiving requests for the purchase and redemption of Shares or Units and communicating such requests to the Fund's Transfer Agent, subject to and in accordance with the terms of this Agreement, and as follows: (i) Trust Company shall receive from the Plans, Plan participants, Plan sponsors, authorized Plan committees or Plan trustees, according to Trust Company's agreement with each Plan, by the close of regular trading on the New York Stock Exchange (the "Close of Trading") each business day that the New York Stock Exchange is open for business ("Business Day") instructions for the purchase and redemption of Shares (together, "Instructions"). Instructions received by Trust Company after the Close of Trading on any Business Day shall be treated as received on the next Business Day. (ii) In connection with the COMPASS system, Trust Company shall compute net purchase requests or net redemption requests to the extent practicable for Shares of the Fund for each Plan based on Instructions received each Business Day. (iii) Trust Company shall communicate purchase and redemption requests for Shares of the Fund, netted to the extent practicable in accordance with (ii) above in the case of COMPASS ("Orders"), to the Transfer Agent, for acceptance by the Fund or its agents, in the manner specified herein, and promptly deliver, or instruct the Plans (or the Plans' trustees as the case may be) to deliver, appropriate documentation and, in the case of purchase requests, payment therefor to the Transfer Agent. Orders shall be based solely on Instructions received by Trust Company from the Plans, Plan participants, Plan sponsors, authorized Plan committees or Plan trustees. (b) Trust Company shall maintain adequate records related to, and advise the Transfer Agent as to, the foregoing, as instructed by the Fund, or by the Transfer Agent or other person designated to act on the Fund's behalf. To the extent required under the 1940 Act and rules thereunder, Trust Company agrees that such records maintained by it hereunder will be preserved, maintained and made available in accordance with the provisions of the 1940 Act and rules thereunder, and copies or, if required, originals will be surrendered promptly to the Fund, Transfer Agent or other person designated to act on the Fund's behalf, on and in accordance with its request. Records surrendered hereunder shall be in machine readable form, except to the extent that Trust Company has maintained such records only in paper form. This provision shall survive the termination of this Agreement. (c) Trust Company shall perform its duties hereunder subject to the terms and conditions of the Fund's current prospectus; the Fund and the Trust Company may establish such additional procedures for order processing not inconsistent with the terms of this Agreement as they reasonably determine to be necessary or advisable from time to time. (d) Trust Company acknowledges that it is not authorized by the Fund to register the transfer of the Fund's Shares or to transfer record ownership of the Fund's Shares, and that only the Transfer Agent is authorized to perform such activities.

Order Processing. (a) In addition to the recordkeeping to be performed in accordance with Section 1.02 above, the Fund Trust hereby appoints Trust Company, and Trust Company agrees to act, as the FundTrust's agent for the purpose of receiving requests for the purchase and redemption of Shares or Units and communicating such requests to the FundTrust's Transfer Agent, subject to and in accordance with the terms of this Agreement, and as follows: (i) Trust Company shall receive from the Plans, Plan participants, Plan sponsors, authorized Plan committees or Plan trustees, according to Trust Company's agreement with each Plan, by the close of regular trading on the New York Stock Exchange (the "Close of Trading") each business day that the New York Stock Exchange is open for business ("Business Day") instructions for the purchase and redemption of Shares (together, "Instructions"). Instructions received by Trust Company after the Close of Trading on any Business Day shall be treated as received on the next Business Day. (ii) In connection with the COMPASS system, Trust Company shall compute net purchase requests or net redemption requests for Shares of the Fund Trust for each Plan based on Instructions received each Business Day. (iii) Trust Company shall communicate purchase and redemption requests for Shares of the FundTrust, netted in accordance with (ii) above in the case of COMPASS ("Orders"), to the Transfer Agent, for acceptance by the Fund Trust or its agents, in the manner specified herein, and promptly deliver, or instruct the Plans (or the Plans' trustees as the case may be) to deliver, appropriate documentation and, in the case of purchase requests, payment therefor to the Transfer Agent. Orders shall be based solely on Instructions received by Trust Company from the Plans, Plan participants, Plan sponsors, authorized Plan committees or Plan trustees. (b) Trust Company shall maintain adequate records related to, and advise the Transfer Agent as to, the foregoing, as instructed by the FundTrust, or by the Transfer Agent or other person designated to act on the FundTrust's behalf. To the extent required under the 1940 Act and rules thereunder, Trust Company agrees that such records maintained by it hereunder will be preserved, maintained and made available in accordance with the provisions of the 1940 Act and rules thereunder, and copies or, if required, originals will be surrendered promptly to the FundTrust, Transfer Agent or other person designated to act on the FundTrust's behalf, on and in accordance with its request. Records surrendered hereunder shall be in machine readable form, except to the extent that Trust Company has maintained such records only in paper form. This provision shall survive the termination of this Agreement. (c) Trust Company shall perform its duties hereunder subject to the terms and conditions of the FundTrust's current prospectus; the Fund Trust and the Trust Company may establish such additional procedures for order processing not inconsistent with the terms of this Agreement as they reasonably determine to be necessary or advisable from time to time. (d) Trust Company acknowledges that it is not authorized by the Fund Trust to register the transfer of the FundTrust's Shares or to transfer record ownership of the FundTrust's Shares, and that only the Transfer Agent is authorized to perform such activities.

Order Processing. (a) In addition Lowe’s, may, in its sole discretion, submit purchase orders to the recordkeeping to be performed in accordance with Section 1.02 above, the Fund hereby appoints Trust Company, and Trust Company agrees to act, as the Fund's agent Vendor for the purpose quantities of receiving requests for Products that Lowe’s desires to purchase (the purchase and redemption of Shares “Purchase Order” or Units and communicating such requests “Purchase Orders”) from Vendor pursuant to the Fund's Transfer Agent, subject to and in accordance with the terms of this Agreement. Vendor acknowledges and agrees that a Purchase Order is voidable by Lowe’s unless issued by an authorized representative of Lowe’s. Each Purchase Order shall state the type and quantity of Products ordered, the price to be paid per unit of Product, the required date of shipment or delivery, any shipping instructions and as follows: (i) Trust Company shall receive from the Plans, Plan participants, Plan sponsors, authorized Plan committees or Plan trustees, according to Trust Company's agreement with each Plan, by the close of regular trading on the New York Stock Exchange (the "Close of Trading") each business day that the New York Stock Exchange is open for business ("Business Day") instructions for the purchase and redemption of Shares (together, "Instructions"). Instructions received by Trust Company after the Close of Trading on any Business Day shall be treated as received on the next Business Day. (ii) In connection with the COMPASS system, Trust Company shall compute net purchase requests or net redemption requests for Shares of the Fund for each Plan based on Instructions received each Business Day. (iii) Trust Company shall communicate purchase and redemption requests for Shares of the Fund, netted in accordance with (ii) above in the case of COMPASS ("Orders"), to the Transfer Agent, for acceptance by the Fund or its agents, in the manner specified herein, and promptly deliver, or instruct the Plans (or the Plans' trustees as the case may be) to deliver, appropriate documentation and, in the case other terms of purchase requests, payment therefor related to the Transfer Agent. Orders shall be based solely on Instructions received by Trust Company from the Plans, Plan participants, Plan sponsors, authorized Plan committees or Plan trusteessuch Products. (b) Trust Company Each of Lowe’s Affiliates shall maintain adequate records related tohave the right to purchase Products from Vendor pursuant to the terms of this Agreement by issuing a Purchase Order hereunder. For the purposes of each Purchase Order issued by an Affiliate of Lowe’s, all references to “Lowe’s” in this Agreement shall mean and advise the Transfer Agent as to, refer to such Affiliate. Notwithstanding the foregoing, Lowe’s shall be responsible for obligations arising under this Agreement as instructed a result of Purchase Orders issued by the Fund, or by the Transfer Agent or other person designated to act on the Fund's behalf. To the extent required under the 1940 Act and rules thereunder, Trust Company agrees that such records maintained by it hereunder will be preserved, maintained and made available in accordance with the provisions of the 1940 Act and rules thereunderLowe’s Affiliates, and copies orVendor shall have no cause of action, if requiredclaim or demand, originals will be surrendered promptly and hereby covenants not to the Fundxxx or maintain any form of action, Transfer Agent claim or other person designated to act on the Fund's behalf, on and in accordance with its request. Records surrendered hereunder shall be in machine readable form, except to the extent that Trust Company has maintained demand against any Lowe’s Affiliate arising out of any Purchase Order issued by such records only in paper form. This provision shall survive the termination of Lowe’s Affiliate under this Agreement. (c) Trust Company Nothing in this Agreement shall perform its duties hereunder subject obligate Lowe’s to purchase Products or to submit a Purchase Order for Products from Vendor or limit the right of Lowe’s to purchase products that are similar to or competitive with the Vendor’s Products from entities other than Vendor, or to simultaneously offer similar or competitive products for sale. For further clarification, this Agreement is not a requirements contract. Except for a valid Purchase Order, no other communication or document on (whether oral, written or electronic), including a Lowe’s forecast, is a commitment by Lowe’s to purchase Products, unless otherwise specified in writing by an authorized representative of Lowe’s. (d) Each Purchase Order shall be deemed accepted by Vendor according to the terms terms, conditions and conditions requirements of this Agreement if Vendor acknowledges the Purchase Order or ships any of the Fund's current prospectus; Products ordered. Vendor acknowledges and agrees that its acceptance of each Purchase Order submitted by Lowe’s shall be according to the Fund terms, requirements and[ conditions set forth in this Agreement. Vendor’s modification of, or provision of additional terms to, a Purchase Order (i.e. writing in, striking through or providing additional documents) after its submission by Lowe’s to vendor shall have no effect unless the changes and/or additions are agreed to in writing and signed by an authorized representative of Lowe’s, and shall not affect Vendor’s acceptance of the Trust Company may establish such additional procedures for order processing not Purchase Order. Any terms contained on any Statement of Work or Purchase Order that are inconsistent with the terms of this Agreement as they reasonably determine shall be of no force or effect, unless such Statement of Work or Purchase Order expressly indicates the parties’ intention to modify the Agreement for the purpose of that Statement of Work or Purchase Order and specifically references the section to be necessary or advisable from time to timemodified, (e) Vendor shall perform each Purchase Order in accordance with the terms and conditions set forth in this Agreement, the Vendor Requirements and the Purchase Order submitted by Lowe’s. (df) Trust Company acknowledges All Product backorders are cancelable by Lowe’s, without penalty or other recourse by Vendor. (g) The requirements applicable to Vendor pursuant to this Agreement establish the minimum performance standards required of Vendor hereunder. Vendor will fulfill all Purchase Orders submitted by Lowe’s unless Vendor provides at least sixty (60) days prior written notice that it is will not authorized by the Fund to register the transfer of the Fund's Shares or to transfer record ownership of the Fund's Shares, and that only the Transfer Agent is authorized to perform such activities.accept future Purchase Orders,