Common use of Persons Having Access Clause in Contracts

Persons Having Access. to Assets of the Fund (i) No trustee, director, general partner, officer, employee or agent of the Fund shall have physical access to the assets of the Fund held by the Custodian or be authorized or permitted to withdraw any investments of the Fund, nor shall the Custodian deliver any assets of the Fund to any such person. No officer or director, employee or agent of the Custodian who holds any similar position with the Fund or the investment adviser of the Fund shall have access to the assets of the Fund. (ii) Access to assets of the Fund held hereunder shall only be available to duly authorized officers, employees, representatives or agents of the Custodian or other persons or entities for whose actions the Custodian shall be responsible to the extent permitted hereunder, or to the Fund's independent public accountants in connection with their auditing duties performed on behalf of the Fund. (iii) Nothing in this Section 9 shall prohibit any officer, employee or agent of the Fund or of the investment adviser of the Fund from giving instructions to the Custodian or executing a certificate so long as it does not result in delivery of or access to assets of the Fund prohibited by paragraph (i) of this Section 9.

Persons Having Access. to Assets of the FundFund ------------------------------------------- (i) No trustee, director, general partnermanager, officer, employee employee, member or agent of the Fund or the Manager shall have physical access to the assets of the Fund held by the Custodian or be authorized or permitted to withdraw any investments of the Fund, nor shall the Custodian deliver any assets of the Fund to any such person. No officer or officer, director, employee or agent of the Custodian who holds any similar position with the Fund or the investment adviser of the Fund shall have access to the assets of the Fund. (ii) Access to assets of the Fund held hereunder shall only be available to duly authorized officers, employees, representatives or agents of the Custodian or other persons or entities for whose actions the Custodian shall be responsible to the extent permitted hereunder, or to the Fund's independent public accountants in connection with their auditing duties performed on behalf of the Fund. (iii) Nothing in this Section 9 7 shall prohibit any officer, employee or agent of the Manager of the Fund or of the investment adviser of the Fund from giving instructions to the Custodian or executing a certificate so long as it does not result in delivery of or access to assets of the Fund prohibited by paragraph (i) of this Section 97.

Persons Having Access. to Assets of the FundTrust -------------------------------------------- (i) No trustee, director, general partner, officer, employee employee, or agent of the Fund Trust shall have physical access to the assets of the Fund Trust held by the Custodian or be authorized or permitted to withdraw any investments of the FundTrust, nor shall the Custodian deliver any assets of the Fund Trust to any such person. No officer or director, employee or agent of the Custodian who holds any similar position with the Fund Trust or the investment adviser or the administrator of the Fund Trust shall have access to the assets of the FundTrust. (ii) Access to assets of the Fund Trust held hereunder shall only be available to duly authorized officers, employees, representatives or agents of the Custodian or other persons or entities for whose actions the Custodian shall be responsible to the extent permitted hereunder, or to the FundTrust's independent public accountants in connection with their auditing duties performed on behalf of the FundTrust. (iii) Nothing in this Section 9 shall prohibit any officer, employee or agent of the Fund Trust or of the investment adviser of the Fund Trust from giving instructions to the Custodian or executing a certificate so long as it does not result in delivery of or access to assets of the Fund Trust prohibited by paragraph (i) of this Section 9.

Persons Having Access. to Assets of the FundFund ------------------------------------------- (i) No trustee, director, general partner, officer, employee or agent of the Fund shall have physical access to the assets of the Fund held by the Custodian or be authorized or permitted to withdraw any investments of the Fund, nor shall the Custodian deliver any assets of the Fund to any such person. No officer or director, employee or agent of the Custodian who holds any similar position with the Fund or the investment adviser of the Fund shall have access to the assets of the Fund. (ii) Access to assets of the Fund held hereunder shall only be available to duly authorized officers, employees, representatives or agents of the Custodian or other persons or entities for whose actions the Custodian shall be responsible to the extent permitted hereunder, or to the Fund's independent public accountants in connection with their auditing duties performed on behalf of the Fund. (iii) Nothing in this Section 9 shall prohibit any officer, employee or agent of the Fund or of the investment adviser of the Fund from giving instructions to the Custodian or executing a certificate so long as it does not result in delivery of or access to assets of the Fund prohibited by paragraph (i) of this Section 9.

Persons Having Access. to Assets of the FundTrust -------------------------------------- (i) No trustee, director, general partner, officer, employee employee, or agent of the Fund Trust shall have physical access to the assets of the Fund Trust held by the Custodian or be authorized or permitted to withdraw any investments of the FundTrust, nor shall the Custodian deliver any assets of the Fund Trust to any such person. No officer or director, employee or agent of the Custodian who holds any similar position with the Fund Trust or the investment adviser or the administrator of the Fund Trust shall have access to the assets of the FundTrust. (ii) Access to assets of the Fund Trust held hereunder shall only be available to duly authorized officers, employees, representatives or agents of the Custodian or other persons or entities for whose actions the Custodian shall be responsible to the extent permitted hereunder, or to the FundTrust's independent public accountants in connection with their auditing duties performed on behalf of the FundTrust. (iii) Nothing in this Section 9 shall prohibit any officer, employee or agent of the Fund Trust or of the investment adviser of the Fund Trust from giving instructions to the Custodian or executing a certificate so long as it does not result in delivery of or access to assets of the Fund Trust prohibited by paragraph (i) of this Section 9.