Common use of RECORD RETENTION AND CONFIDENTIALITY Clause in Contracts

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust all books and records which the Trust or BISYS is, required to keep and maintain pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the “1940 Act”), in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Trust and to make such books and records available for inspection by the Trust or by the Securities and Exchange Commission (the “Commission”) at reasonable times. BISYS shall otherwise keep confidential all books and records relating to the Trust and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by a Trust or the dealer of record as to such account. BISYS shall provide the Trust with reasonable advance notice of disclosure pursuant to items (i) – (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 are subject to the provisions of Section 21.

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust Company all books and records which the Trust are customary or which BISYS is, is required to keep and maintain in connection with its services pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the “"1940 Act”"), in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Trust Company and to make such books and records available for inspection by the Trust Company or by the Securities and Exchange Commission (the “"Commission”") at reasonable times. BISYS shall otherwise keep confidential all books and records relating to the Trust Company and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s 's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by a Trust the Company or the dealer of record as to such account. BISYS shall provide the Trust Company with reasonable advance notice of disclosure pursuant to items (i) – - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 11 are subject to the provisions of Section 2123.

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust Company all books and records which the Trust are customary or BISYS is, which are required to keep and maintain be kept in connection with BISYS' services pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the “"1940 Act”"), in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Trust Company and to make such books and records available for inspection by the Trust Company at reasonable times or by the Securities and Exchange Commission (the “"Commission”") at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Trust Fund and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s 's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by and a Trust or the dealer of record as legal right to such accountinformation at such time consistent with the Company's Charter, Prospectus and applicable law, or (v) as requested or authorized by the Company (including pursuant to its policies and procedures). BISYS shall provide the Trust Company with reasonable advance notice of disclosure pursuant to items (i) – - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 11 are subject to the provisions of Section 2123(b) of this Agreement (Anti-Money Laundering Provisions).

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust all books and records which the Trust or BISYS 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 Investment Company Act of 1940, as amended (the “1940 Act”), relating to the maintenance of books and records in connection with the services to be provided hereunderunder this Agreement. BISYS further agrees that all such books and records shall be the property of the Trust and to make such books and records available for inspection by the Trust or by the Securities and Exchange Commission (the “Commission”) at reasonable times. BISYS shall otherwise keep confidential all books and records relating to the Trust and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by a the Trust or the dealer of record as to such account. BISYS shall provide the Trust with reasonable advance notice of disclosure pursuant to items (i) – (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 10 are subject to the provisions of Section 2122 of this Agreement.

RECORD RETENTION AND CONFIDENTIALITY. BISYS CFS shall keep and maintain on behalf of the Trust all books and records which the Trust or BISYS CFS 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 Investment Company Act of 1940, as amended (the “1940 Act”), relating to the maintenance of books and records in connection with the services to be provided hereunder. BISYS CFS further agrees that all such books and records shall be the property of the Trust and to make such books and records available for inspection by the Trust or by the Securities and Exchange Commission (the “Commission”"SEC") at reasonable times. BISYS CFS shall otherwise keep confidential all books and records relating to the Trust and its shareholders, except when (i) disclosure is required by law, (ii) BISYS CFS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS CFS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS CFS is requested to make a disclosure by a shareholder or shareholder’s 's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by a the Trust or the dealer of record as to such account. BISYS CFS shall provide the Trust with reasonable advance notice of disclosure pursuant to items (i) – - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 Article 10 are subject to the provisions of Section 21Article 8.

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust all books and records which the Trust or BISYS 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 Investment Company Act of 1940, as amended (the “1940 Act”), relating to the maintenance of books and records in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Trust and to make such books and records available for inspection by the Trust or by the Securities and Exchange Commission (the “Commission”"SEC") at reasonable times. BISYS shall otherwise keep confidential all books and records relating to the Trust and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s 's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by a the Trust or the dealer of record as to such account. BISYS shall provide the Trust with reasonable advance notice of disclosure pursuant to items (i) – - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 Article 10 are subject to the provisions of Section 21Article 8 .

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust all books and records which the Trust or BISYS is, or may be, required to keep and maintain pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 31 a-1 and 31a-2 31 a-2 under the Investment Company Act of 1940, as amended (the “1940 Act”), relating to the maintenance of books and records in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Trust and to make such books and records available for inspection by the Trust or by the Securities and Exchange Commission (the “Commission”"SEC") at reasonable times. BISYS shall otherwise keep confidential all books and records relating to the Trust and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s 's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by a the Trust or the dealer of record as to such account. BISYS shall provide the Trust with reasonable advance notice of disclosure pursuant to items (i) – - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 Article 10 are subject to the provisions of Section 21Article 8.

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust all books and records which the Trust are customary or BISYS is, which are required to keep and maintain be kept in connection with BISYS' services pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Trust Act of 1940, as amended (the “"1940 Act”"), in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Trust and to make such books and records available for inspection by the Trust at reasonable times or by the Securities and Exchange Commission (the “"Commission”") at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Trust Fund and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by Trust counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s 's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by and a Trust or the dealer of record as legal right to such accountinformation at such time consistent with the Trust's Declaration of Trust , Prospectus and applicable law, or (v) as requested or authorized by the Trust (including pursuant to its policies and procedures). BISYS shall provide the Trust with reasonable advance notice of disclosure pursuant to items (i) – - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 11 are subject to the provisions of Section 2123(b) of this Agreement (Anti-Money Laundering Provisions).

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust Company all books and records which the Trust are customary or BISYS is, which are required to keep and maintain be kept in connection with BISYS' services pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the “"1940 Act”"), in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Trust Company and to make such books and records available for inspection by the Trust Company at reasonable times or by the Securities and Exchange Commission (the “"Commission”") at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Trust Fund and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s 's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by and a Trust or the dealer of record as legal right to such accountinformation at such time consistent with the Company's Charter, Prospectus and applicable law, or (v) as requested or authorized by the Company (including pursuant to its policies and procedures). BISYS shall provide the Trust Company with reasonable advance notice of disclosure pursuant to items (i) – - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 11 are subject to the provisions of Section 2123(b) (Anti-Money Laundering Provisions).

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust all books and records which the Trust are customary or BISYS is, which are required to keep and maintain be kept in connection with BISYS' services pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the “"1940 Act”"), in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Trust and to make such books and records available for inspection by the Trust at reasonable times or by the Securities and Exchange Commission (the “"Commission”") at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Trust and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s 's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by and a Trust or the dealer of record as legal right to such accountinformation at such time consistent with the Trust's Declaration of Trust, Prospectus and applicable law, or (v) as requested or authorized by the Trust (including pursuant to its policies and procedures). BISYS shall provide the Trust with reasonable advance notice of disclosure pursuant to items (i) – - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 11 are subject to the provisions of Section 2123(b) (Anti-Money Laundering Provisions).

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust Company all books and records which the Trust are customary or BISYS is, which are required to keep and maintain be kept in connection with BISYS’ services pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the “1940 Act”), in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Trust Company and to make such books and records available for inspection by the Trust Company at reasonable times or by the Securities and Exchange Commission (the “Commission”) at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Trust Fund and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by and a Trust or the dealer of record as legal right to such accountinformation at such time consistent with the Company’s Charter, Prospectus and applicable law, or (v) as requested or authorized by the Company (including pursuant to its policies and procedures). BISYS shall provide the Trust Company with reasonable advance notice of disclosure pursuant to items (i) – - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 11 are subject to the provisions of Section 2123(b) of this Agreement (Anti-Money Laundering Provisions).

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust Company all books and records which the Trust are customary or BISYS is, which are required to keep and maintain be kept in connection with BISYS' services pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 31a-l and 31a-2 under the Investment Company Act of 1940, as amended (the “"1940 Act”"), in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Trust Company and to make such books and records available for inspection by the Trust Company at reasonable times or by the Securities and Exchange Commission (the “"Commission”") at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Trust Fund and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s 's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by and a Trust or the dealer of record as legal right to such accountinformation at such time consistent with the Company's Charter, Prospectus and applicable law, or (v) as requested or authorized by the Company (including pursuant to its policies and procedures). BISYS shall provide the Trust Company with reasonable advance notice of disclosure pursuant to items (i) – - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 11 are subject to the provisions of Section 2123(b) (Anti-Money Laundering Provisions).

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust Company all books and records which the Trust are customary or BISYS is, which are required to keep and maintain be kept in connection with BISYS’ services pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the “1940 Act”), in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Trust Company and to make such books and records available for inspection by the Trust Company at reasonable times or by the Securities and Exchange Commission (the “Commission”) at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Trust Company and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by and a Trust or the dealer of record as legal right to such accountinformation at such time consistent with the Company’s Articles of Incorporation, Prospectus and applicable law, or (v) as requested or authorized by the Company (including pursuant to its policies and procedures). BISYS shall provide the Trust Company with reasonable advance notice of disclosure pursuant to items (i) – (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 are subject to the provisions of Section 21.reasonably

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust Company all books and records which the Trust are customary or BISYS is, which are required to keep and maintain be kept in connection with BISYS’ services pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the “1940 Act”), in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Trust Company and to make such books and records available for inspection by the Trust Company at reasonable times or by the Securities and Exchange Commission (the “Commission”) at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Trust Fund and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by and a Trust or the dealer of record as legal right to such accountinformation at such time consistent with the Company’s Agreement and Declaration of Trust, Prospectus and applicable law, or (v) as requested or authorized by the Company (including pursuant to its policies and procedures). BISYS shall provide the Trust Company with reasonable advance notice of disclosure pursuant to items (i) – - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 11 are subject to the provisions of Section 2123(b) of this Agreement (Anti-Money Laundering Provisions).

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust Company all books and records which the Trust are customary or BISYS is, which are required to keep and maintain be kept in connection with BISYS’ services pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the “1940 Act”), in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Trust Company and to make such books and records available for inspection by the Trust Company at reasonable times or by the Securities and Exchange Commission (the “Commission”) at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Trust Fund and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by and a Trust or the dealer of record as legal right to such accountinformation at such time consistent with the Company’s Articles of Incorporation, Prospectus and applicable law, or (v) as requested or authorized by the Company (including pursuant to its policies and procedures). BISYS shall provide the Trust Company with reasonable advance notice of disclosure pursuant to items (i) – (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 11 are subject to the provisions of Section 2123(b) (Anti-Money Laundering Provisions).

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust Company all books and records which the Trust are customary or BISYS is, which are required to keep and maintain be kept in connection with BISYS’ services pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the “1940 Act”), in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Trust Company and to will make such books and records available for inspection by the Trust Company at reasonable times or by the Securities and Exchange Commission (the “Commission”) at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Trust Fund and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by and a Trust or the dealer of record as legal right to such accountinformation at such time consistent with the Company’s Declaration of Trust, Prospectus and applicable law, or (v) as requested or authorized by the Company (including pursuant to its policies and procedures). BISYS shall provide the Trust Company with reasonable advance notice of disclosure pursuant to items (i) – (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 11 are subject to the provisions of Section 2123(b) (Anti-Money Laundering Provisions).

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust all books and records which the Trust are customary or which BISYS is, is required to keep and maintain in connection with its services pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the “"1940 Act”"), in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Trust and to make such books and records available for inspection by the Trust or by the Securities and Exchange Commission (the “"Commission”") at reasonable times. BISYS shall otherwise keep confidential all books and records relating to the Trust and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s 's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by a the Trust or the dealer of record as to such account. BISYS shall provide the Trust with reasonable advance notice of disclosure pursuant to items (i) – - - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 11 are subject to the provisions of Section 2123.

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust Funds all books and records which the Trust Funds or BISYS 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 Investment Company Act of 1940, as amended (the “1940 Act”), relating to the maintenance of books and records in connection with the services to be provided hereunderunder this Agreement. BISYS further agrees that all such books and records shall be the property of the Trust Company and the Funds and to make such books and records available for inspection by the Trust Company, the Funds or by the Securities and Exchange Commission (the “Commission”) at reasonable times. BISYS shall otherwise keep confidential all books and records relating to the Trust Funds and its their shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by a Trust the Funds or the dealer of record as to such account. BISYS shall provide the Trust Funds with reasonable advance notice of disclosure pursuant to items (i) – - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 10 are subject to the provisions of Section 2122 of this Agreement.

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust all books and records which the Trust are customary or which BISYS is, is required to keep and maintain in connection with its services pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the “"1940 Act”"), in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Trust and to make such books and records available for inspection by the Trust or by the Securities and Exchange Commission (the “"Commission”") at reasonable times. BISYS shall otherwise keep confidential all books and records relating to the Trust and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s 's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by a the Trust or the dealer of record as to such account. BISYS shall provide the Trust with reasonable advance notice of disclosure pursuant to items (i) – - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 11 are subject to the provisions of Section 2123.

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust Funds all books and records which the Trust Funds or BISYS is, or may be, required to keep and maintain pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 31 a-1 and 31a-2 31 a-2 under the Investment Company Act of 1940, as amended (the “1940 Act”), relating to the maintenance of books and records in connection with the services to be provided hereunderunder this Agreement. BISYS further agrees that all such books and records shall be the property of the Trust Company and the Funds and to make such books and records available for inspection by the Trust Company, the Funds or by the Securities and Exchange Commission (the “Commission”) at reasonable times. BISYS shall otherwise keep confidential all books and records relating to the Trust Funds and its their shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s 's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by a Trust the Funds or the dealer of record as to such account. BISYS shall provide the Trust Funds with reasonable advance notice of disclosure pursuant to items (i) – - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 10 are subject to the provisions of Section 2122 of this Agreement.

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust Company all books and records which the Trust Company or BISYS 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 Investment Company Act of 1940, as amended (the “1940 Act”), relating to the maintenance of books and records in connection with the services to be provided hereunderunder this Agreement. BISYS further agrees that all such books and records shall be the property of the Trust Company and to make such books and records available for inspection by the Trust Company or by the Securities and Exchange Commission (the “Commission”) at reasonable times. BISYS shall otherwise keep confidential all books and records relating to the Trust Company and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s 's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by a Trust the Company or the dealer of record as to such account. BISYS shall provide the Trust Company with reasonable advance notice of disclosure pursuant to items (i) – - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 10 are subject to the provisions of Section 2122 of this Agreement.

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust Company all books and records which the Trust are customary or BISYS is, which are required to keep and maintain be kept in connection with BISYS’ services pursuant to any applicable statutes, rules and regulations, including without limitation Rules 31a-1 and 31a-2 under the Investment Company Act of 1940, as amended (the “1940 Act”), in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Trust Company and to make such books and records available for inspection by the Trust Company at reasonable times or by the Securities and Exchange Commission (the “Commission”) at reasonable timespromptly. BISYS shall otherwise keep confidential all books and records relating to the Trust Fund and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by and a Trust or the dealer of record as legal right to such accountinformation at such time consistent with the Company’s Declaration of Trust, Prospectus and applicable law, or (v) as requested or authorized by the Company (including pursuant to its policies and procedures). BISYS shall provide the Trust Company with reasonable advance notice of disclosure pursuant to items (i) – (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 11 are subject to the provisions of Section 2123(b) of this Agreement (Anti-Money Laundering Provisions).

RECORD RETENTION AND CONFIDENTIALITY. BISYS shall keep and maintain on behalf of the Trust all books and records which the Trust or BISYS 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 Investment Company Act of 1940, as amended (the “1940 Act”), relating to the maintenance of books and records in connection with the services to be provided hereunder. BISYS further agrees that all such books and records shall be the property of the Trust and to make such books and records available for inspection by the Trust or by the Securities and Exchange Commission (the “Commission”"SEC") at reasonable times. BISYS shall otherwise keep confidential all books and records relating to the Trust and its shareholders, except when (i) disclosure is required by law, (ii) BISYS is advised by counsel that it may incur liability for failure to make a disclosure, (iii) BISYS is requested to divulge such information by duly-constituted authorities or court process, or (iv) BISYS is requested to make a disclosure by a shareholder or shareholder’s 's agent with respect to information concerning an account as to which such shareholder has either a legal or beneficial interest or when requested by a the Trust or the dealer of record as to such account. BISYS shall provide the Trust with reasonable advance notice of disclosure pursuant to items (i) – - (iii) of the previous sentence, to the extent reasonably practicable. The provisions of this Section 9 Article 10 are subject to the provisions of Section 21Article 8.