Common use of RECORD RETENTION AND CONFIDENTIALITY Clause in Contracts

RECORD RETENTION AND CONFIDENTIALITY. SMC shall keep and maintain on behalf of the Company all books and records which the Company and SMC is, or may be, required to keep and maintain pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the 1940 Act, relating to the maintenance of books and records in connection with the services to be provided hereunder. Any records required to be maintained and preserved pursuant to Rules 31a-1 and 31a-2 under the 1940 Act which are prepared or maintained by SMC on behalf of the Company shall be prepared and maintained at the expense of SMC, but shall be the property of the Company and will be surrendered promptly to the Company on request, and made available for inspection by the Company or by the Commission at reasonable times. In case of any request or demand for the inspection of such records by another party, SMC may make such records available to such party if (i) disclosure is required by law, (ii) SMC is advised by counsel that it may incur liability for failure to make a disclosure, (iii) SMC is requested to divulge such information by duly-constituted authorities or court process, or (iv) SMC is requested to make a disclosure by the Company.

RECORD RETENTION AND CONFIDENTIALITY. SMC shall keep and maintain on behalf of the Company all books and records which the Company and SMC is, or may be, required to keep and maintain pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 31a-l and 31a-2 under the 1940 Act, relating to the maintenance of books and records in connection with the services to be provided hereunder. Any records required to be maintained and preserved pursuant to Rules 31a-1 31a-l and 31a-2 under the 1940 Act which are prepared or maintained by SMC on behalf of the Company shall be prepared and maintained at the expense of SMC, but shall be the property of the Company and will be surrendered promptly to the Company on request, and made available for inspection by the Company or by the Commission at reasonable times. In case of any request or demand for the inspection of such records by another party, SMC may make such records available to such party if (i) disclosure is required by law, (ii) SMC is advised by counsel that it may incur liability for failure to make a disclosure, (iii) SMC is requested to divulge such information by duly-constituted authorities or court process, or (iv) SMC is requested to make a disclosure by the Company.

RECORD RETENTION AND CONFIDENTIALITY. SMC shall keep and maintain on behalf of the Company all books and records which the Company and SMC is, or may be, required to keep and maintain pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the 1940 Act, relating to the maintenance of books and records in connection with the services to be provided hereunder. Any records required to be maintained and preserved pursuant to Rules 31a-1 31a-l and 31a-2 under the 1940 Act which are prepared or maintained by SMC on behalf of the Company shall be prepared and maintained at the expense of SMC, but shall be the property of the Company and will be surrendered promptly to the Company on request, and made available for inspection by the Company or by the Commission at reasonable times. In case of any request or demand for the inspection of such records by another party, SMC may make such records available to such party if (i) disclosure is required by law, (ii) SMC is advised by counsel that it may incur liability for failure to make a disclosure, (iii) SMC is requested to divulge such information by duly-constituted authorities or court process, or (iv) SMC is requested to make a disclosure by the Company.