Common use of REPRESENTATIONS AND WARRANTIES OF XXXXXXX Clause in Contracts

REPRESENTATIONS AND WARRANTIES OF XXXXXXX. Xxxxxxx hereby represents, warrants and acknowledges to ICCC for the benefit of each of the Funds: X. Xxxxxxx is a corporation duly organized and existing and in good standing under the laws of the Commonwealth of Massachusetts; X. Xxxxxxx has the requisite power and authority under applicable law, its charter or articles of incorporation and its bylaws to enter into and perform this Agreement; this Agreement has been duly executed and delivered by Xxxxxxx; and this Agreement constitutes a legal, valid and binding obligation of Xxxxxxx, enforceable in accordance with its terms; and C. The accounts maintained and preserved by Xxxxxxx shall be the property of ICCC for the benefit of each of the Funds and Xxxxxxx will not use any information made available to Xxxxxxx under the terms hereof for any purpose other than complying with its duties and responsibilities hereunder or as specifically authorized by ICCC on behalf of each of the Funds in writing.