Common use of Other Services and Duties Clause in Contracts

Other Services and Duties. In connection with its services hereunder, the Manager shall also perform or cause to be performed the following duties on behalf of the Trustee and at the expense of the Trust: (a) arrange for the retention of an accounting firm and ensure that proper books of account and complete records of all transactions of the Trust undertaken or performed by it are maintained and render statements or copies thereof from time to time, as requested by the Trustee; (b) arrange for the retention of legal counsel to perform for the Trust the services necessary or appropriate for its continued good standing and operations and the services customarily provided by a general corporate counsel; (c) within 90 days from the end of the Trust’s taxation year, or as otherwise required by the Tax Act, prepare and deliver or make available electronically, or cause to be prepared and delivered or made available electronically in such manner as is permitted by the Tax Act, to unitholders information pertaining to the Trust, including all distributions, designations, determinations, allocations and elections, which is required or permitted by the Tax Act or which is necessary to permit unitholders to complete their individual income tax returns for the preceding year; (d) prepare, or cause to be prepared, for execution by the Trustee, and cause to be filed thereafter on a timely basis, such income or other tax returns of the Trust as shall be required to be filed by Applicable Laws; (e) deduct or withhold from distributions payable to any unitholder all amounts required by Applicable Laws to be withheld from such distributions by the Trust, whether such distributions are in the form of cash, additional Units or otherwise; (f) execute all such documents as delegated by the Trustee (including all new bank accounts, other accounts, margin and other agreements with brokers) and perform any and all other acts as may be in its judgment necessary or appropriate to the proper advantageous day to day management of the investments of the Trust; (g) act as or appoint a registrar to maintain or cause to be maintained a register for the Trust; (h) appoint the Gold Custodian to hold the Gold Coins and the Custodian to hold the Trust Property other than the Gold Coins, all of which appointments shall be subject to the approval of the Trustee and any applicable Securities Authorities having jurisdiction over the Trust; (i) promptly notify the Trustee in the event that the Manager is unable to perform any of its duties (including duties undertaken on behalf of the Trust) herein; (j) provide or cause to be provided to the Trust all other administrative and other services and facilities required by the Trust in relation to the unitholders and be responsible for all aspects of the Trust’s day to day relationship with unitholders, including the preparation for and holding of meetings of unitholders and other services for the provision of information to unitholders; (k) provide or cause to be provided communications to the unitholders and the public relating to the Trust and the global gold market including, without limitation, the retention of a public relations firm, the preparation and maintenance of a website to communicate such information to the unitholders and the public and the preparation and maintenance of research or other information and education on gold; (l) prepare and deliver any written order, certificate or any other document or instrument required to be prepared and delivered by the Trust or the Trustee delegated by it to the Manager pursuant to this Agreement or the Trust Agreement; (m) provide to the Trustee on or before fifteen (15) days following the end of each calendar quarter a certificate of compliance, substantially in the form attached as Schedule “C” hereto, executed by an officer of the Manager stating that the Manager is in compliance in all material respects and has performed all duties required of it under this Agreement; (n) provide a certificate specifying the names and titles of those persons authorized to give approvals, consents or directions on behalf of the Manager including specimen signatures of such persons; (o) ensure that the Trust complies with Applicable Laws including those relating to the investment of the Trust Property, the distribution of the Units and applicable stock exchange listing requirements; (p) conduct or cause to be conducted the day-to-day correspondence and administration of the Trust; (q) take all other action on behalf of the Trustee incidental or reasonably necessary to carry out the duties delegated to the Manager by the Trustee with respect to the day to day activities of the Trust; and (r) take such other actions on behalf of the Trustee as may be permitted by the Trust Agreement and are necessary or appropriate to ensure the performance of the duties delegated to the Manager by the Trustee under this Agreement, the Trust Agreement or the Disclosure Documents.