Common use of Representations and Warranties of the Custodian Clause in Contracts

Representations and Warranties of the Custodian. The Custodian hereby represents and warrants to the Trust, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that: (a) It is duly organized and existing under the laws of the jurisdiction of its organization, with full power to carry on its business as now conducted, to enter into this Agreement and to perform its obligations hereunder; (b) This Agreement has been duly authorized, executed and delivered by the Custodian in accordance with all requisite action and constitutes a valid and legally binding obligation of the Custodian, enforceable in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties; (c) It is conducting its business in compliance in all material respects with all applicable laws and regulations, both state and federal, and has obtained all regulatory approvals necessary to carry on its business as now conducted; there is no statute, rule, regulation, order or judgment binding on it and no provision of its charter, bylaws or any contract binding it or affecting its property which would prohibit its execution or performance of this Agreement; and (d) It will maintain a disaster recovery plan and procedures including provisions for emergency use of electronic data processing equipment, which is reasonable in light of the services to be provided ("Disaster Recovery Plan"), and it will, at no additional expense to the Trust, take reasonable steps to minimize service interruptions in the event of a disaster.

Representations and Warranties of the Custodian. The Custodian hereby represents and warrants to the Trust, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that: (a) It is duly organized and existing under the laws of the jurisdiction of its organization, with full power to carry on its business as now conducted, to enter into this Agreement and to perform its obligations hereunder; (b) It is a “U.S. Bank” as such term is defined in section (a)(7) of Rule 17f-5; (c) This Agreement has been duly authorized, executed and delivered by the Custodian in accordance with all requisite action and constitutes a valid and legally binding obligation of the Custodian, enforceable in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties; (cd) It is conducting its business in compliance in all material respects with all applicable laws and regulations, both state and federal, and has obtained all regulatory approvals necessary to carry on its business as now conducted; there is no statute, rule, regulation, order or judgment binding on it and no provision of its charter, bylaws or any contract binding it or affecting its property which would prohibit its execution or performance of this Agreement; and; (de) It maintains a business continuity plan that is reasonable and appropriate for events of business disruption given the nature of its business and the services it provides hereunder, will maintain provide the Trust upon request with a disaster recovery summary of such plan and procedures including provisions for emergency use its operation, and will promptly notify the Trust of electronic data processing equipment, which is reasonable in light any business disruption preventing the Custodian from providing any of the services required to be provided ("Disaster Recovery Plan"), and by it will, at no additional expense to the Trust, take reasonable steps to minimize service interruptions in the event of a disaster.hereunder; and

Representations and Warranties of the Custodian. The Custodian hereby represents and warrants to the Trustwarrants, which representations and warranties shall be continuing and shall be deemed to be continuing throughout reaffirmed upon each giving of Oral Instructions or Instructions by the term of this AgreementCustodian, that: (a) It is duly organized and existing under the laws of the jurisdiction of its organization, with full power to carry on its business as now conducted, to enter into this Agreement and to perform its obligations hereunder; (b) This Agreement has been duly authorized, executed and delivered by the Custodian in accordance with all requisite action and constitutes a valid and legally binding obligation of the Custodian, enforceable in accordance with its terms, subject to bankruptcyand there is no statute, insolvencyregulation, reorganizationrule, moratorium order or judgment binding on it, and no provision of its charter or by-laws, nor of any mortgage, indenture, credit agreement or other laws contract binding on it or affecting its property, which would prohibit its execution or performance of general application affecting the rights and remedies of creditors and secured partiesthis Agreement; (c) It is conducting its business in substantial compliance in all material respects with all applicable laws and regulationsrequirements, both state and federal, and has obtained all regulatory licenses, approvals and consents necessary to carry on its business as now conducted; there is no statute, rule, regulation, order or judgment binding on it and no provision of its charter, bylaws or any contract binding it or affecting its property which would prohibit its execution or performance of this Agreement; and; (d) It will shall maintain a business and disaster recovery plan and procedures including provisions plans consistent with general market accepted standards regarding such plans. The plans shall include reasonable provision for emergency use of electronic data processing equipmentequipment (the “DRBCP”). During the term of this Agreement, the Custodian shall not make material changes to the DRBCP which is reasonable result in light an impairment of the services Custodian’s business continuity or preparation for a disaster recovery event; and (e) It shall maintain policies and procedures designed to protect the security of confidential information received pursuant to this Agreement (“Data Security Policies”). During the term of this Agreement, the Data Security Policies shall not be modified in a manner which would be reasonably likely to materially reduce the security of confidential information provided ("Disaster Recovery Plan"), and it will, at no additional expense to the Trust, take reasonable steps to minimize service interruptions in the event of a disasterCustodian hereunder.

Representations and Warranties of the Custodian. The Custodian ---------------------------------------------------- hereby represents and warrants to the Trust, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that: (a) It is duly organized and existing under the laws of the jurisdiction of its organization, with full power to carry on its business as now conducted, to enter into this Agreement and to perform its obligations hereunder; (b) This Agreement has been duly authorized, executed and delivered by the Custodian in accordance with all requisite action and constitutes a valid and legally binding obligation of the Custodian, enforceable in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties; (c) It is conducting its business in compliance in all material respects with all applicable laws and regulations, both state and federal, and has obtained all regulatory approvals necessary to carry on its business as now conducted; there is no statute, rule, regulation, order or judgment binding on it and no provision of its charter, bylaws or any contract binding it or affecting its property which would prohibit its execution or performance of this Agreement; and (d) It will maintain a disaster recovery plan and procedures including provisions for emergency use of electronic data processing equipment, which is reasonable in light of the services to be provided ("Disaster Recovery Plan"), and it will, at no additional expense to the Trust, take reasonable steps to minimize service interruptions in the event of a disaster.

Representations and Warranties of the Custodian. The Custodian hereby represents and warrants to the TrustFund, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that: (a) It is duly organized and existing under the laws of the jurisdiction of its organization, with full power to carry on its business as now conducted, to enter into this Agreement and to perform its obligations hereunder; (b) It is a U.S. Bank as defined in section (a)(7) of Rule 17f-5 under the 1940 Act; (c) This Agreement has been duly authorized, executed and delivered by the Custodian in accordance with all requisite action and constitutes a valid and legally binding obligation of the Custodian, enforceable in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties; (cd) It is conducting its business in compliance in all material respects with all applicable laws and regulations, both state and federal, and has obtained all regulatory approvals necessary to carry on its business as now conducted; there is no statute, rule, regulation, order or judgment binding on it and no provision of its charter, bylaws or any contract binding it or affecting its property which would prohibit its execution or performance of this Agreement; (e) It (i) has compliance policies and procedures reasonably designed to ensure compliance with the Federal Securities Laws as that term is defined in Rule 38a-1 under the 1940 Act, (ii) will upon request provide reports and certifications in a mutually agreed upon form to the Fund’s Chief Compliance Officer regarding the foregoing, and (iii) will maintain appropriate records in accordance with Rule 38a-l; and (d) It will maintain a disaster recovery plan and procedures including provisions for emergency use of electronic data processing equipment, which is reasonable in light of the services to be provided ("Disaster Recovery Plan"), and it will, at no additional expense to the Trust, take reasonable steps to minimize service interruptions in the event of a disaster.

Representations and Warranties of the Custodian. The Custodian hereby represents and warrants to the Trust, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that: (a) It is duly organized and existing under the laws of the jurisdiction of its organization, with full power to carry on its business as now conducted, to enter into this Agreement and to perform its obligations hereunder; (b) It is a U.S. Bank as defined in section (a)(7) of Rule 17f-5. (c) This Agreement has been duly authorized, executed and delivered by the Custodian in accordance with all requisite action and constitutes a valid and legally binding obligation of the Custodian, enforceable in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties;; and (cd) It is conducting its business in compliance in all material respects with all applicable laws and regulations, both state and federal, and has obtained all regulatory approvals necessary to carry on its business as now conducted; there is no statute, rule, regulation, order or judgment binding on it and no provision of its charter, bylaws or any contract binding it or affecting its property which would prohibit its execution or performance of this Agreement; and. (de) It will maintain a disaster recovery plan and procedures including provisions for emergency use of electronic data processing equipment, which is reasonable in light of the services to be provided ("Disaster Recovery Plan"), compliance with applicable laws and it regulations. It will, at no additional expense to the Trust, take reasonable steps to minimize service interruptions in the event of a disaster.

Representations and Warranties of the Custodian. The Custodian hereby represents and warrants to the Trust, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that: (a) It is duly organized and existing under the laws of the jurisdiction of its organization, with full power to carry on its business as now conducted, to enter into this Agreement and to perform its obligations hereunder; (b) This Agreement has been duly authorized, executed and delivered by the Custodian in accordance with all requisite action and constitutes a valid and legally binding obligation of the Custodian, enforceable in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties; (c) It is conducting its business in compliance in all material respects with all applicable laws and regulations, both state and federal, and has obtained all regulatory approvals necessary to carry on its business as now conducted; there is no statute, rule, regulation, order or judgment binding on it and no provision of its charter, bylaws or any contract binding it or affecting its property which would prohibit its execution or performance of this Agreement; and (d) It will maintain a disaster recovery plan and procedures procedures, including provisions for emergency use of electronic data processing equipment, which is reasonable in light of the services to be provided ("Disaster Recovery Plan"), and it will, at no additional expense to the Trust, take reasonable steps to minimize service interruptions in the event of a disaster.

Representations and Warranties of the Custodian. The Custodian hereby represents and warrants to the Trust, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that: (a) It is duly organized and existing under the laws of the jurisdiction of its organization, with full power to carry on its business as now conducted, to enter into this Agreement and to perform its obligations hereunder; (b) This Agreement has been duly authorized, executed and delivered by the Custodian in accordance with all requisite action and constitutes a valid and legally binding obligation of the Custodian, enforceable in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties;; and (c) It is conducting its business in compliance in all material respects with all applicable laws and regulations, both state and federal, and has obtained all regulatory approvals necessary to carry on its business as now conducted; there is no statute, rule, regulation, order or judgment binding on it and no provision of its charter, bylaws or any contract binding it or affecting its property which would prohibit its execution or performance of this Agreement. (d) The Custodian is a bank as defined in section (a)(7) of Rule 17f-5 and having the qualifications prescribed in Section 26(a)(1) of the 1940 Act.; and (de) It The Custodian represents and warrants that it has and will maintain continue to have in place a disaster commercially reasonable business recovery plan and procedures including provisions for emergency use of electronic data processing equipment, which is reasonable in light of the services to be provided ("Disaster Recovery Plan"), and it will, at no additional expense to the Trust, take reasonable steps to minimize service interruptions in the event of a disasterprogram.