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Common use of Other Services and Activities; Conflicts of Interest Clause in Contracts

Other Services and Activities; Conflicts of Interest. 2.7.1 The Client acknowledges that the Service Provider and its Affiliates may provide services, including administration, advisory, banking and lending, broker dealer and other financial services, to the Client or to other Persons. The Client also acknowledges that the Service Provider may be (i) prohibited under applicable Law or contractually from disclosing to the Client any fact or thing that may come to the knowledge of the Service Provider or such Affiliates in the course of providing such services and (ii) “walled off” from facts or things that may come to the knowledge of its Affiliates in the course of providing such services, and therefore may be unable to make any such disclosures to the Client, and the Client agrees that neither the Service Provider nor such Affiliates will be required or expected under this Agreement to do so. 2.7.2 Among other things, the Service Provider or an Affiliate may receive or generate valuation information with respect to securities, products or services of the Client, and neither the Service Provider nor any Affiliate is under any obligation to disclose such information to the Client or any of the Client’s Investors. The Client acknowledges that neither the Service Provider nor any Affiliate is under any obligation to use any such information to assess or verify the accuracy of any information, including valuation information, that the Service Provider receives from the Client or from any Person specified in clause 6.3.5. 2.7.3 Subject to compliance with its confidentiality obligations hereunder, the Service Provider may acquire, hold or deal with, for its own account or for the account of other Persons, any shares or securities in which the Client is authorized to invest (for itself or its Investors), and the Service Provider will not be required to account to the Client for any profit arising therefrom.

Appears in 6 contracts

Samples: Services Agreement (ETF Opportunities Trust), Services Agreement (Emles Trust), Services Agreement (ETF Opportunities Trust)

Other Services and Activities; Conflicts of Interest. 2.7.1 The Client acknowledges that the Service Provider and its Affiliates may provide services, including administration, advisory, banking and lending, broker dealer and other financial services, to the Client or to other Persons. The Client also acknowledges that the Service Provider may be (i) prohibited under applicable Law or contractually from disclosing to the Client any fact or thing that may come to the knowledge of the Service Provider or such Affiliates in the course of providing such services and (ii) “walled off” from facts or things that may come to the knowledge of its Affiliates in the course of providing such services, and therefore may be unable to make any such disclosures to the Client, and the Client agrees that neither the Service Provider nor such Affiliates will be required or expected under this Agreement to do so. 2.7.2 Among other things, the Service Provider or an Affiliate Affiliate, in the course of activities unrelated to the Services under this Agreement, may receive or generate valuation information with respect to securities, products or services of the Client, and neither the Service Provider nor any Affiliate is under any obligation to disclose such information to the Client or any of the Client’s Investors. The Client acknowledges that neither the Service Provider nor any Affiliate is under any obligation to use any such information to assess or verify the accuracy of any information, including valuation information, that the Service Provider receives from the Client or from any Person specified in clause 6.3.56.3.5 but the Service Provider’s acts or omissions are subject to the standard of care under clause 6.1 of this Agreement. 2.7.3 Subject to compliance with its confidentiality obligations hereunder, the Service Provider may acquire, hold or deal with, for its own account or for the account of other Persons, any shares or securities in which the Client is authorized to invest (for itself or its Investors), and the Service Provider will not be required to account to the Client for any profit arising therefrom.

Appears in 3 contracts

Samples: Services Agreement (Nushares ETF Trust), Services Agreement (Dimensional ETF Trust), Services Agreement (Dimensional ETF Trust)

Other Services and Activities; Conflicts of Interest. 2.7.1 The Client Funds acknowledges that the Service Provider and its Affiliates may provide services, including administration, advisory, banking and lending, broker dealer and other financial services, to the Client Funds or to other Persons. The Client Funds also acknowledges that the Service Provider may be (i) prohibited under applicable Law or contractually from disclosing to the Client Funds any fact or thing that may come to the knowledge of the Service Provider or such Affiliates in the course of providing such services and (ii) “walled off” from facts or things that may come to the knowledge of its Affiliates in the course of providing such services, and therefore may be unable to make any such disclosures to the ClientFunds, and the Client Funds agrees that neither the Service Provider nor such Affiliates will be required or expected under this Agreement to do so. 2.7.2 Among other things, the Service Provider or an Affiliate may receive or generate valuation information with respect to securities, products or services securities of the ClientFunds, and neither the Service Provider nor any Affiliate is under any obligation to disclose such information to the Client Funds or any of the Client’s Funds’ Investors. The Client Funds acknowledges that neither the Service Provider nor any Affiliate is under any obligation to use any such information to assess or verify the accuracy of any information, including valuation information, that the Service Provider receives from the Client Funds or from any Person specified in clause 6.3.5. 2.7.3 Subject to compliance with its confidentiality obligations hereunder, the Service Provider may acquire, hold or deal with, for its own account or for the account of other Persons, any shares or securities in which the Client is Funds are authorized to invest (for itself or its Investors), and the Service Provider will not be required to account to the Client Funds for any profit arising therefrom.

Appears in 2 contracts

Samples: Fund Accounting and Compliance Services Agreement (Cavanal Hill Funds), Fund Accounting and Compliance Services Agreement (Cavanal Hill Funds)

Other Services and Activities; Conflicts of Interest. 2.7.1 The Client acknowledges that the Service Provider and its Affiliates affiliates may provide services, including administration, advisory, banking and lending, broker dealer and other financial services, to the Client or to other Persons. The Client also acknowledges that Because the Service Provider may be (i) prohibited under applicable Law or contractually from disclosing to the Client any fact or thing that may come to the knowledge of the Service Provider or such Affiliates affiliates in the course of providing such services and (ii) services, or because the Service Provider in providing the Services may be “walled off” from facts or things that may come to the knowledge of the Service Provider or its Affiliates affiliates in the course of providing such services, including administration, advisory, banking and lending, broker dealer and other financial services, to Client or to other Persons, and therefore may be unable to make any such disclosures to the Client, and the Client agrees that neither the Service Provider nor such Affiliates affiliates will be required or expected under this Agreement to do so. 2.7.2 . Among other things, the Service Provider or an Affiliate affiliate may receive or generate valuation information with respect to securities, products or services of the Client, and neither the Service Provider nor any Affiliate affiliate is under any obligation to disclose such information to the Client or any of the Client’s InvestorsCustomers. The Client acknowledges that neither the Service Provider nor any Affiliate affiliate is under any obligation to use any such information to assess or verify the accuracy of any information, including valuation information, that the Service Provider receives from the Client or from any Person specified in clause 6.3.5. 2.7.3 clauses 2(E)(i) and (iii). Subject to compliance with its confidentiality obligations hereunder, the Service Provider may acquire, hold or deal with, for its own account or for the account of other Persons, any shares or securities in which the Client is authorized to invest (for itself or its InvestorsCustomers), and the Service Provider will not be required to account to the Client for any profit arising therefrom.

Appears in 2 contracts

Samples: Services Agreement (Strategy Shares), Services Agreement (Huntington Strategy Shares)

Other Services and Activities; Conflicts of Interest. 2.7.1 2.8.1 The Client acknowledges that the Service Provider and its Affiliates may provide services, including administration, advisory, banking and lending, broker dealer and other financial services, to the Client or to other Persons. The Client also acknowledges that the Service Provider may be (i) prohibited under applicable Law or contractually from disclosing to the Client any fact or thing that may come to the knowledge of the Service Provider or such Affiliates in the course of providing such services and (ii) "walled off" from facts or things that may come to the knowledge of its Affiliates in the course of providing such services, and therefore may be unable to make any such disclosures to the Client, and the Client agrees that neither the Service Provider nor such Affiliates will be required or expected under this Agreement to do so. 2.7.2 2.8.2 Among other things, the Service Provider or an Affiliate may receive or generate valuation information with respect to securities, products or services of the Client, and neither the Service Provider nor any Affiliate is under any obligation to disclose such information to the Client or any of the Client’s 's Investors. The Client acknowledges that neither the Service Provider nor any Affiliate is under any obligation to use any such information to assess or verify the accuracy of any information, including valuation information, that the Service Provider receives from the Client or from any Person specified in clause 6.3.5. 2.7.3 2.8.3 Subject to compliance with its confidentiality obligations hereunder, the Service Provider may acquire, hold or deal with, for its own account or for the account of other Persons, any shares or securities in which the Client is authorized to invest (for itself or its Investors), and the Service Provider will not be required to account to the Client for any profit arising therefrom.

Appears in 2 contracts

Samples: Services Agreement (Allianz Variable Insurance Products Fund of Funds Trust), Services Agreement (Allianz Variable Insurance Products Trust)

Other Services and Activities; Conflicts of Interest. 2.7.1 The Client acknowledges that the Service Provider and its Affiliates affiliates may provide services, including administration, advisory, custody, banking and lending, broker dealer and other financial services, to the Client or to other Persons. The Client also acknowledges that Because the Service Provider may be (i) prohibited under applicable Law or contractually from disclosing to the Client any fact or thing that may come to the knowledge of the Service Provider or such Affiliates affiliates in the course of providing such services and (ii) services, or because the Service Provider in providing the Services may be “walled off” from facts or things that may come to the knowledge of the Service Provider or its Affiliates affiliates in the course of providing such services, including administration, advisory, banking and lending, broker dealer and other financial services, to Client or to other Persons, and therefore may be unable to make any such disclosures to the Client, and the Client agrees that neither the Service Provider nor such Affiliates affiliates will be required or expected under this Agreement to do so. 2.7.2 . Among other things, the Service Provider or an Affiliate affiliate may receive or generate valuation information with respect to securities, products or services of the Client, and neither the Service Provider nor any Affiliate affiliate is under any obligation to disclose such information to the Client or any of the Client’s InvestorsCustomers. The Client acknowledges that neither the Service Provider nor any Affiliate affiliate is under any obligation to use any such information to assess or verify the accuracy of any information, including valuation information, that the Service Provider receives from the Client or from any Person specified in clause 6.3.5. 2.7.3 clauses 2(E)(i) and (iii). Subject to compliance with its confidentiality obligations hereunder, the Service Provider may acquire, hold or deal with, for its own account or for the account of other Persons, any shares or securities in which the Client is authorized to invest (for itself or its InvestorsCustomers), and the Service Provider will not be required to account to the Client for any profit arising therefrom.

Appears in 2 contracts

Samples: Services Agreement (Horizons ETF Trust), Services Agreement (Exchange Traded Concepts Trust II)

Other Services and Activities; Conflicts of Interest. 2.7.1 The Client acknowledges that the Service Provider and its Affiliates may provide services, including administration, advisory, banking and lending, broker dealer and other financial services, to the Client or to other Persons. The Client also acknowledges that the Service Provider may be (i) prohibited under applicable Law or contractually from disclosing to the Client any fact or thing that may come to the knowledge of the Service Provider or such Affiliates in the course of providing such services and (ii) “walled off” from facts or things that may come to the knowledge of its Affiliates in the course of providing such services, and therefore may be unable to make any such disclosures to the Client, and the Client agrees that neither the Service Provider nor such Affiliates will be required or expected under this Agreement to do so. 2.7.2 Among other things, the Service Provider or an Affiliate may receive or generate valuation information with respect to securities, products products, or services of the Client, and neither the Service Provider nor any Affiliate is under any obligation to disclose such information to the Client or any of the Client’s Investors. The Client acknowledges that neither the Service Provider nor any Affiliate is under any obligation to use any such information to assess or verify the accuracy of any information, including valuation information, that the Service Provider receives from the Client or from any Person specified in clause 6.3.5. 2.7.3 Subject to compliance with its confidentiality obligations hereunder, the Service Provider may acquire, hold or deal with, for its own account or for the account of other Persons, any shares or securities in which the Client is authorized to invest (for itself or its Investors), and the Service Provider will not be required to account to the Client for any profit arising therefrom.

Appears in 1 contract

Samples: Services Agreement (2023 ETF Series Trust)

Other Services and Activities; Conflicts of Interest. 2.7.1 The Client acknowledges that the Service Provider and its Affiliates may provide services, including administration, advisory, banking and lending, broker dealer and other financial services, to the Client or to other Persons. The Client also acknowledges that the Service Provider may be (i) prohibited under applicable Law or contractually from disclosing to the Client any fact or thing that may come to the knowledge of the Service Provider or such Affiliates in the course of providing such services and (ii) “walled off” from facts or things that may come to the knowledge of its Affiliates in the course of providing such services, and therefore may be unable to make any such disclosures to the Client, and the Client agrees that neither the Service Provider nor such Affiliates will be required or expected under this Agreement to do so. 2.7.2 Among other things, the Service Provider or an Affiliate may receive or generate valuation information with respect to securities, products or services securities of the ClientFunds, and neither the Service Provider nor any Affiliate is under any obligation to disclose such information to the Client or any of the ClientFund’s Investors. The Client acknowledges that neither the Service Provider nor any Affiliate is under any obligation to use any such information to assess or verify the accuracy of any information, including valuation information, that the Service Provider receives from the Client or from any Person specified in clause 6.3.5. 2.7.3 Subject to compliance with its confidentiality obligations hereunder, the Service Provider may acquire, hold or deal with, for its own account or for the account of other Persons, any shares or securities in which the Client Fund is authorized to invest (for itself or its Investors), and the Service Provider will not be required to account to the Client for any profit arising therefrom.

Appears in 1 contract

Samples: Sub Administration Services Agreement (Cavanal Hill Funds)

Other Services and Activities; Conflicts of Interest. 2.7.1 2.7.1. The Client acknowledges that the Service Provider and its Affiliates may provide services, including administration, advisory, banking and lending, broker dealer and other financial services, to the Client or to other Persons. The Client also acknowledges that the Service Provider may be (i) prohibited under applicable Law or contractually from disclosing to the Client any fact or thing that may come to the knowledge of the Service Provider or such Affiliates in the course of providing such services and (ii) "walled off" from facts or things that may come to the knowledge of its Affiliates in the course of providing such services, and therefore may be unable to make any such disclosures to the Client, and the Client agrees that neither the Service Provider nor such Affiliates will be required or expected under this Agreement to do so. 2.7.2 2.7.2. Among other things, the Service Provider or an Affiliate may receive or generate valuation information with respect to securities, products or services of the Client, and neither the Service Provider nor any Affiliate is under any obligation to disclose such information to the Client or any of the Client’s 's Investors. The Client acknowledges that neither the Service Provider nor any Affiliate is under any obligation to use any such information to assess or verify the accuracy of any information, including valuation information, that the Service Provider receives from the Client or from any Person specified in clause 6.3.5. 2.7.3 2.7.3. Subject to compliance with its confidentiality obligations hereunder, the Service Provider may acquire, hold or deal with, for its own account or for the account of other Persons, any shares or securities in which the Client is authorized to invest (for itself or its Investors), and the Service Provider will not be required to account to the Client for any profit arising therefrom.

Appears in 1 contract

Samples: Services Agreement (Weitz Funds)

Other Services and Activities; Conflicts of Interest. 2.7.1 The Client acknowledges that the Service Provider and its Affiliates may provide services, including administration, advisory, banking and lending, broker dealer and other financial services, to the Client Client, or to other Persons. The Client also acknowledges that the Service Provider may be (i) prohibited under applicable Law or contractually from disclosing to the Client any fact or thing that may come to the knowledge of the Service Provider or such Affiliates in the course of providing such services and (ii) “walled off” from facts or things that may come to the knowledge of its Affiliates in the course of providing such services, and therefore may be unable to make any such disclosures to the Client, and the Client agrees that neither the Service Provider nor such Affiliates will be required or expected under this Agreement to do so. 2.7.2 Among other things, the Service Provider or an Affiliate may receive or generate valuation information with respect to securities, products or services of the Client, and neither the Service Provider nor any Affiliate is under any obligation to disclose such information to the Client or any of the Client’s Investors. The Client acknowledges that neither the Service Provider nor any Affiliate is under any obligation to use any such information to assess or verify the accuracy of any information, including valuation information, that the Service Provider receives from the Client or from any Person specified in clause 6.3.5. 2.7.3 Subject to compliance with its confidentiality obligations hereunder, the Service Provider may acquire, hold or deal with, for its own account or for the account of other Persons, any shares or securities in which the Client is authorized to invest (for itself or its Investors), and the Service Provider will not be required to account to the Client for any profit arising therefrom.

Appears in 1 contract

Samples: Services Agreement (Timothy Plan)

Other Services and Activities; Conflicts of Interest. 2.7.1 The Client acknowledges that the Service Provider and its Affiliates may provide services, including administration, advisory, banking and lending, broker dealer and other financial services, to the Client or to other Persons. The Client also acknowledges that (i) the Service Provider may be (i) prohibited under applicable Law or contractually from disclosing to the Client any fact or thing that may come to the knowledge of the Service Provider or such Affiliates in the course of providing such services and (ii) the Service Provider may be “walled off” from facts or things that may come to the knowledge of its Affiliates in the course of providing such services, and therefore may be unable to make any such disclosures to the Client, and the Client agrees that neither the Service Provider nor such Affiliates will be required or expected under this Agreement to do so. 2.7.2 Among other things, the Service Provider or an Affiliate may receive or generate valuation information in connection with services provided to other Persons, including valuation information with respect to securities, products or services the portfolio securities of the ClientFunds, and neither the Service Provider nor any Affiliate is under any obligation to disclose such information to the Client or any of the Client’s InvestorsFunds’ Shareholders. The Client acknowledges that neither the Service Provider nor any Affiliate is under any obligation to use any such information to assess or verify the accuracy of any information, including valuation information, that the Service Provider receives from the Client or from any Person specified in clause 6.3.5. 2.7.3 Subject to compliance with its confidentiality obligations hereunder, the Service Provider may may, in accordance with applicable Law, acquire, hold or deal with, for its own account or for the account of other Persons, any shares or securities in which the Client is Funds are authorized to invest (for itself or its Investors)invest, and the Service Provider will not be required to account to the Client or the Funds for any profit arising therefrom.

Appears in 1 contract

Samples: Sub Administration Services Agreement (HSBC Funds)

Other Services and Activities; Conflicts of Interest. 2.7.1 The Client acknowledges that the Service Provider and its Affiliates affiliates may provide services, including administration, advisory, banking and lending, broker dealer and other financial services, to the Client or to other Persons. The Client also acknowledges that Because the Service Provider may be (i) prohibited under applicable Law or contractually from disclosing to the Client any fact or thing that may come to the knowledge of the Service Provider or such Affiliates affiliates in the course of providing such services and (ii) services, or because the Service Provider in providing the Services may be “walled off” from facts or things that may come to the knowledge of the Service Provider or its Affiliates affiliates in the course of providing such services, including administration, advisory, banking and lending, broker dealer and other financial services, to Client or to other Persons, and therefore may be unable to make any such disclosures to the Client, and the Client agrees that neither the Service Provider nor such Affiliates affiliates will be required or expected under this Agreement to do so. 2.7.2 . Among other things, the Service Provider or an Affiliate affiliate may receive or generate valuation information with respect to securities, products or services of the Client, and neither the Service Provider nor any Affiliate affiliate is under any obligation to disclose such information to the Client or any of the Client’s InvestorsCustomers. The Client acknowledges that neither the Service Provider nor any Affiliate affiliate is under any obligation to use any such information to assess or verify the accuracy of any information, including valuation information, information that the Service Provider receives from the Client or from any Person specified in clause 6.3.5. 2.7.3 clauses 2(E)(i) and (iii). Subject to compliance with its confidentiality obligations hereunder, the Service Provider may acquire, hold or deal with, for its own account or for the account of other Persons, any shares or securities in which the Client is authorized to invest (for itself or its Investorsthe Funds), and the Service Provider will not be required to account to the Client for any profit arising therefrom.

Appears in 1 contract

Samples: Support Services Agreement (Strategy Shares)

Other Services and Activities; Conflicts of Interest. 2.7.1 The Client acknowledges that the Service Provider and its Affiliates may provide services, including administration, advisory, banking and lending, broker dealer and other financial services, to the Client or to other Persons. The Client also acknowledges that (i) the Service Provider may be (i) prohibited under applicable Law or contractually from disclosing to the Client any fact or thing that may come to the knowledge of the Service Provider or such Affiliates in the course of providing such services and (ii) the Service Provider may be “walled off” from facts or things that may come to the knowledge of its Affiliates in the course of providing such services, and therefore may be unable to make any such disclosures to the Client, and the Client agrees that neither the Service Provider nor such Affiliates will be required or expected under this Agreement to do so. 2.7.2 Among other things, the Service Provider or an Affiliate may receive or generate valuation information in connection with services provided to other Persons, including valuation information with respect to securities, products or services the portfolio securities of the Client, and neither the Service Provider nor any Affiliate is under any obligation to disclose such information to the Client or any of the Client’s InvestorsShareholders. The Client acknowledges that neither the Service Provider nor any Affiliate is under any obligation to use any such information to assess or verify the accuracy of any information, including valuation information, that the Service Provider receives from the Client or from any Person specified in clause 6.3.5. 2.7.3 Subject to compliance with its confidentiality obligations hereunder, the Service Provider may may, in accordance with applicable Law, acquire, hold or deal with, for its own account or for the account of other Persons, any shares or securities in which the Client is authorized to invest (for itself or its Investors)invest, and the Service Provider will not be required to account to the Client for any profit arising therefrom.

Appears in 1 contract

Samples: Services Agreement (HSBC Funds)