Common use of Portfolio Compliance Services Clause in Contracts

Portfolio Compliance Services. If Appendix B requires the Administrator to provide the Fund(s) with portfolio compliance services, such services shall be provided pursuant to the terms of this Section 7 (the “Portfolio Compliance Services”). The precise compliance review and testing services to be provided shall be as directed by a designated representative of each Fund and as mutually agreed between Administrator and the designated representative of such Fund, and the results of Administrator’s Portfolio Compliance Services shall be detailed in a portfolio compliance summary report (the “Compliance Summary Report”) prepared on a periodic basis as mutually agreed. Each Compliance Summary Report shall be subject to review and approval by a designated representative of each Fund. A designated representative of each Fund will examine each Compliance Summary Report delivered to it by Administrator and notify Administrator of any error, omission or discrepancy within ten (10) days of its receipt. The designated representative of the Fund(s) agrees to notify Administrator promptly in writing if it fails to receive any such Compliance Summary Report. The Fund(s) further acknowledges that unless its designated representative notifies Administrator of any error, omission or discrepancy within 10 days, such Compliance Summary Report shall be deemed final and shall not be reissued. In addition, if the designated representative of the Fund(s) learns of any out-of-compliance condition before receiving a Compliance Summary Report reflecting such condition, the designated representative of the Fund(s) will notify Administrator of such condition within one (1) business day after discovery thereof. While Administrator will endeavor to identify out-of-compliance conditions, Administrator does not and could not make any guarantees, representations, or warranties with respect to its ability to identify all such conditions. In the event of any errors or omissions in the performance of Portfolio Compliance Services, the Fund’s sole and exclusive remedy and Administrator’s sole liability shall be limited to re-performance by Administrator of the Portfolio Compliance Services affected and in connection therewith the correction of any error or omission, if practicable and the preparation of a corrected report, at no cost to the Fund(s).

Portfolio Compliance Services. (a) If Appendix B requires the Administrator Schedule I contains a requirement for BNY Mellon to provide the Fund(s) Fund with portfolio compliance services, such services shall be provided pursuant to the terms of this Section 7 (the “"Portfolio Compliance Services”"). The precise compliance review and testing services to be provided shall be as directed by a designated representative of each Fund and as mutually agreed between Administrator BNY Mellon and the designated representative of such Fund, and the results of Administrator’s BNY Mellon's Portfolio Compliance Services shall be detailed in a portfolio compliance summary report (the “"Compliance Summary Report”") prepared on a periodic basis as mutually agreed. Each Compliance Summary Report shall be subject to review and approval by a designated representative of each the Fund. A designated representative of each BNY Mellon shall have no responsibility or obligation to provide Portfolio Compliance Services other that those services specifically listed in Schedule I. (b) The Fund will examine each Compliance Summary Report delivered to it by Administrator BNY Mellon and notify Administrator BNY Mellon of any error, omission or discrepancy within ten (10) days of its receipt. The designated representative of the Fund(s) Fund agrees to notify Administrator BNY Mellon promptly in writing if it fails to receive any such Compliance Summary Report. The Fund(s) Fund further acknowledges that unless its designated representative it notifies Administrator BNY Mellon of any error, omission or discrepancy within 10 days, such Compliance Summary Report shall be deemed final and shall not be reissued. In addition, if the designated representative of the Fund(s) Fund learns of any out-of-compliance condition before receiving a Compliance Summary Report reflecting such condition, the designated representative of the Fund(s) Fund will notify Administrator BNY Mellon of such condition within one (1) business day after discovery thereof. While Administrator will endeavor to identify out-of-compliance conditions, Administrator does not and could not make any guarantees, representations, or warranties with respect to its ability to identify all such conditions. In the event of any errors or omissions in the performance of Portfolio Compliance Services, the Fund’s sole and exclusive remedy and Administrator’s sole liability shall be limited to re-performance by Administrator of the Portfolio Compliance Services affected and in connection therewith the correction of any error or omission, if practicable and the preparation of a corrected report, at no cost to the Fund(s).

Portfolio Compliance Services. If Appendix B the Trust requires for the Administrator to provide the Fund(s) with portfolio compliance services, such services shall be provided pursuant to the terms of this Section 7 (the “Portfolio Compliance Services”). The precise compliance review and testing services to be provided shall be as directed by a designated representative of each Fund and as mutually agreed between Administrator and the designated representative of such Fund, and the results of Administrator’s Portfolio Compliance Services shall be detailed in a portfolio compliance summary report (the “Compliance Summary Report”) prepared on a periodic basis as mutually agreed. Each Compliance Summary Report shall be subject to review and approval by a designated representative of each Fund. A designated representative of each Fund will examine each Compliance Summary Report delivered to it by Administrator and notify Administrator of any error, omission or discrepancy within ten (10) days of its receipt. The designated representative of the Fund(s) agrees to notify Administrator promptly in writing if it fails to receive any such Compliance Summary Report. The Fund(s) further acknowledges that unless its designated representative it notifies Administrator of any error, omission or discrepancy within 10 days, such Compliance Summary Report shall be deemed final and shall not be reissued. In addition, if the designated representative of the Fund(s) learns of any out-of-compliance condition before receiving a Compliance Summary Report reflecting such condition, the designated representative of the Fund(s) will notify Administrator of such condition within one (1) business day after discovery thereof. While Administrator will endeavor to identify out-of-compliance conditions, Administrator does not and could not for the fees charged, make any guarantees, representations, or warranties with respect to its ability to identify all such conditions. In the event of any errors or omissions in the performance of Portfolio Compliance Services, the Fund’s sole and exclusive remedy and Administrator’s sole liability shall be limited to re-performance by Administrator of the Portfolio Compliance Services affected and in connection therewith the correction of any error or omission, if practicable and the preparation of a corrected report, at no cost to the Fund(s).

Portfolio Compliance Services. If Appendix B requires the Administrator Schedule I contains a requirement for BNY Mellon to provide the Fund(s) Fund with portfolio compliance services, such services shall be provided pursuant to the terms of this Section 7 (the “Portfolio Compliance Services”). The precise compliance review and testing services to be provided shall be as directed by a designated representative of each Fund and as mutually agreed between Administrator BNY Mellon and the designated representative of such Fund, and the results of AdministratorBNY Mellon’s Portfolio Compliance Services shall be detailed in a portfolio compliance summary report (the “Compliance Summary Report”) prepared on a periodic basis as mutually agreed. Each Compliance Summary Report shall be subject to review and approval by a designated representative of each the Fund. A designated representative of each BNY Mellon shall have no responsibility or obligation to provide Portfolio Compliance Services other that those services specifically listed in Schedule I. The Fund will examine each Compliance Summary Report delivered to it by Administrator BNY Mellon and notify Administrator BNY Mellon of any error, omission or discrepancy within ten (10) days of its receipt. The designated representative of the Fund(s) Fund agrees to notify Administrator BNY Mellon promptly in writing if it fails to receive any such Compliance Summary Report. The Fund(s) Fund further acknowledges that unless its designated representative it notifies Administrator BNY Mellon of any error, omission or discrepancy within 10 days, such Compliance Summary Report shall be deemed final and shall not be reissued. In addition, if the designated representative of the Fund(s) Fund learns of any out-of-compliance condition before receiving a Compliance Summary Report reflecting such condition, the designated representative of the Fund(s) Fund will notify Administrator BNY Mellon of such condition within one (1) business day after discovery thereof. While Administrator BNY Mellon will endeavor to identify out-of-compliance conditions, Administrator BNY Mellon does not and could not for the fees charged, make any guarantees, representations, representations or warranties with respect to its ability to identify all such conditions. In the event of any errors or omissions in the performance of Portfolio Compliance Services, the Fund’s sole and exclusive remedy and AdministratorBNY Mellon’s sole liability shall be limited to re-performance by Administrator BNY Mellon of the Portfolio Compliance Services affected and in connection therewith the correction of any error or omission, if practicable and the preparation of a corrected report, at no cost to the Fund(s)Fund.

Portfolio Compliance Services. (a) If Appendix B requires the Administrator Schedule I contains a requirement for BNY Mellon to provide the Fund(s) Trust with portfolio compliance services, such services shall be provided pursuant to the terms of this Section 7 (the “Portfolio Compliance Services”). The precise compliance review and testing services to be provided shall be as directed by a designated representative of each Fund the Trust and as mutually agreed between Administrator BNY Mellon and the designated representative of such FundTrust, and the results of AdministratorBNY Mellon’s Portfolio Compliance Services shall be detailed in a portfolio compliance summary report (the “Compliance Summary Report”) prepared on a periodic basis as mutually agreed. Each Compliance Summary Report shall be subject to review and approval by a designated representative of each Fundthe Trust. A designated representative of each Fund BNY Mellon shall have no responsibility or obligation to provide Portfolio Compliance Services other that those services specifically listed in Schedule I. (b) The Trust will examine each Compliance Summary Report delivered to it by Administrator BNY Mellon and notify Administrator BNY Mellon of any error, omission or discrepancy within ten (10) days of its receipt. The designated representative of the Fund(s) Trust agrees to notify Administrator BNY Mellon promptly in writing if it fails to receive any such Compliance Summary Report. The Fund(s) Trust further acknowledges that unless its designated representative it notifies Administrator BNY Mellon of any error, omission or discrepancy within 10 days, such Compliance Summary Report shall be deemed final and shall not be reissued. In addition, if the designated representative of the Fund(s) Trust learns of any out-of-compliance condition before receiving a Compliance Summary Report reflecting such condition, the designated representative of the Fund(s) Trust will notify Administrator BNY Mellon of such condition within one (1) business day after discovery thereof. (c) While Administrator BNY Mellon will endeavor to identify identity out-of-compliance conditions, Administrator BNY Mellon does not and could not for the fees charged, make any guarantees, representations, representations or warranties with respect to its ability to identify all such conditions. In the event of any errors or omissions in the performance of Portfolio Compliance ServicesServices that are not the result of bad faith, gross negligence or willful misconduct by BNY Mellon or BNY Mellon’s reckless disregard of its duties, the FundTrust’s sole and exclusive remedy and AdministratorBNY Mellon’s sole liability shall be limited to re-performance by Administrator BNY Mellon of the Portfolio Compliance Services affected and in connection therewith the correction of any error or omission, if practicable and the preparation of a corrected report, at no cost to the Fund(s).Trust. - 11 -