Common use of Responsibilities of the Fund Clause in Contracts

Responsibilities of the Fund. The Fund and the Agents of the Fund hereby acknowledge and agree that ADM, its affiliates and its agents are responsible only for those functions and duties set forth in this Agreement and unless so set forth are not responsible for any of the following which are to be handled by the Fund: (a) creating or maintaining any records on behalf of the Fund or others required by any federal or state law, or regulation or rule of any agency thereof or any self- regulatory authority except (i) those relating to shareholder account information set forth in Rule 31a- 1(b)(2)(iv) promulgated under the 1940 Act or equivalent regulation applicable from time to time; and (ii) such additional records as may reasonably be requested from time to time by the Fund which are customarily maintained by transfer agents to mutual funds, and which ADM by use of its best efforts may provide at minimal cost and inconvenience to it; with respect to these records ADM agrees that they: (i) are the property of the Fund; (ii) will be maintained by ADM for the period prescribed in Rule 31a-2 or equivalent regulation; (iii) will be made available, upon request to the Fund and the SEC; and (iv) will be surrendered promptly upon the request of the Fund; (b) determining the legality of any sale, exchange, issuance or redemption of any shares of the Fund; (c) determining the legality of any communications, oral or written, which is sent or provided by ADM, its affiliates or its agents on behalf of the Fund; (d) complying with any federal or state laws or the regulations or rules of any agency thereof or of any self-regulatory authority except those specifically applicable to ADM as a transfer agent; (e) filing any documents on behalf of the Fund or any one else with any federal or state government or with any agency thereof or of any self-regulatory authority except ADM will file with the Internal Revenue Service copies of 1099 Div, 1099R and 1099B Forms sent to shareholders of the Fund and forms relating to withholding and non- resident alien withholding; (f) monitoring the activities of the Fund or any one else or their compliance with applicable law, rules and regulations or with the provisions of the Fund's Prospectus, of Trust, By-Laws or other governing instruments; or (g) compliance of the Fund or others with applicable federal and state laws, regulations and rules of any agency thereof, or of any self-regulatory authority pertaining to the registration of the Fund or of shares of the Fund or the legality of their sale although ADM will, in order to provide the Fund with assistance in complying with normal Blue Sky requirements, upon the reasonable request of the Fund provide the Fund with a report generated from the information readily available to ADM detailing the amount of shares of the Fund purchased and redeemed and the states of residence of the shareholders purchasing or redeeming such shares.

Responsibilities of the Fund. The Fund and the Agents of the Fund hereby acknowledge and agree that ADM, its affiliates and its agents are responsible only for those functions and duties set forth in this Agreement and unless so set forth are not responsible for any of the following which are to be handled by the Fund: (a) creating or maintaining any records on behalf of the Fund or others required by any federal or state law, or regulation or rule of any agency thereof or any self- regulatory authority except (i) those relating to shareholder account information set forth in Rule 31a- 1(b)(2)(iv) promulgated under the 1940 Act or equivalent regulation applicable from time to time; and (ii) such additional records as may reasonably be requested from time to time by the Fund which are customarily maintained by transfer agents to mutual funds, and which ADM by use of its best efforts may provide at minimal cost and inconvenience to it; with respect to these records ADM agrees that they: (i) are the property of the Fund; (ii) will be maintained by ADM for the period prescribed in Rule 31a-2 or equivalent regulation; (iii) will be made available, upon request to the Fund and the SEC; and (iv) will be surrendered promptly upon the request of the Fund; (b) determining the legality of any sale, exchange, issuance or redemption of any shares of the Fund; (c) determining the legality of any communications, oral or written, which is sent or provided by ADM, its affiliates or its agents on behalf of the Fund; (d) complying with any federal or state laws or the regulations or rules of any agency thereof or of any self-regulatory authority except those specifically applicable to ADM as a transfer agent; (e) filing any documents on behalf of the Fund or any one else with any federal or state government or with any agency thereof or of any self-regulatory authority except ADM will file with the Internal Revenue Service copies of 1099 Div, 1099R and 1099B Forms sent to shareholders of the Fund and forms relating to withholding and non- resident alien withholding; (f) monitoring the activities of the Fund or any one else or their compliance with applicable law, rules and regulations or with the provisions of the Fund's Prospectus, of TrustFund, By-Laws or other governing instruments; or (g) compliance of the Fund or others with applicable federal and state laws, regulations and rules of any agency thereof, or of any self-regulatory authority pertaining to the registration of the Fund or of shares of the Fund or the legality of their sale although ADM will, in order to provide the Fund with assistance in complying with normal Blue Sky requirements, upon the reasonable request of the Fund provide the Fund with a report generated from the information readily available to ADM detailing the amount of shares of the Fund purchased and redeemed and the states of residence of the shareholders purchasing or redeeming such shares.