Common use of Reliance on Information and Instructions Clause in Contracts

Reliance on Information and Instructions. The FATCA Services Provider is authorized and instructed to rely upon the information it receives from each Fund, the Investment Manager on such Fund’s behalf, or any third party (including, without limitation, the Fund’s administrator, custodian(s), prime broker(s), and other service providers to such Fund) authorized by any Fund to provide such information to the FATCA Services Provider and on any instructions received from any Fund or the Investment Manager on such Fund’s behalf. The FATCA Services Provider is further authorized to rely upon any information it receives from the Fund’s Investors. Each Fund, the Investment Manager on its behalf, the Fund’s Investors and any third party from which the FATCA Services Provider shall receive or obtain certain records, reports and other data included in the FATCA Services provided hereunder are solely responsible for the contents of such information, including, without limitation, the accuracy thereof, and the FATCA Services Provider shall be entitled to rely on such records, reports and other data as provided to the FATCA Services Provider by any Fund, the Investment Manager, or any third party, and any instructions provided to the FATCA Services Provider by any Fund, and shall have no responsibility for making any interpretive determinations with respect thereto. The FATCA Services Provider shall be entitled to rely upon each Fund’s approval of data generated by the FATCA Services Provider in providing the FATCA Services as conclusive evidence of the accuracy and completeness of the data. The FATCA Services Provider has no responsibility to review, confirm or otherwise assume any duty with respect to the accuracy or completeness of any such information, or instructions, and shall be without liability for any loss or damage suffered by any Fund as a result of the FATCA Services Provider’s reliance on and utilization of such information or instructions believed by it to be genuine and to have been properly issued by or on behalf of any Fund, the Investment Manager, or such third party. The FATCA Services Provider shall have no responsibility and shall be without liability for any loss or damage caused by the failure of any Fund, the Investment Manager, or any third party to provide it with the information required.

Reliance on Information and Instructions. The FATCA Services Provider is authorized and instructed to rely upon the information it receives from each Fund, the Investment Manager on such Fund’s behalf, or any third party (including, without limitation, the Fund’s administrator, custodian(s), prime broker(s), and other service providers to such Fund) authorized by any Fund to provide such information to the FATCA Services Provider and on any instructions received from any Fund or the Investment Manager on such Fund’s behalf. The FATCA Services Provider is further authorized to rely upon any information it receives from the Fund’s Investors. Each Fund, the Investment Manager on its behalf, the Fund’s Investors and any third party from which the FATCA Services Provider shall receive or obtain certain records, reports and other data included in the FATCA Services provided hereunder are solely responsible for the contents of such information, including, without limitation, the accuracy thereof, and the FATCA Services Provider shall be entitled to rely on such records, reports and other data as provided to the FATCA Services Provider by any Fund, the Investment Manager, or any third party, and any instructions provided to the FATCA Services Provider by any Fund, and shall have no responsibility for making any interpretive determinations with respect thereto. The FATCA Services Provider shall be entitled to rely upon each Fund’s approval of data generated by the FATCA Services Provider in providing the FATCA Services as conclusive evidence of the accuracy and completeness of the data. The FATCA Services Provider has no responsibility to review, confirm or otherwise assume any duty with respect to the accuracy or completeness of any such information, or instructions, and shall be without liability for any loss or damage suffered by any Fund as a result of the FATCA Services Provider’s reliance on and utilization of such information or instructions believed by it to be genuine and to have been properly issued by or on behalf of any Fund, the Investment Manager, or such third party. The FATCA Services Provider shall have no responsibility and shall be without liability for any loss or damage caused by the failure of any Fund, the Investment Manager, or any third party to provide it with the information required.