Common use of Retirement Customers Clause in Contracts

Retirement Customers. We may engage in sales and marketing activities with respect to the Funds, including making available to you information, education and guidance materials and other resources that you may use in connection with the services you provide to your customers, which may include plans, plan fiduciaries, plan participants or beneficiaries, IRAs or XXX owners subject to Title I of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), or Section 4975 of the Internal Revenue Code of 1986, as amended (the “Retirement Customers”). To the extent you (including your affiliates, employees, associated persons, or other agents) are acting as a fiduciary for your Retirement Customers in connection with any transactions in the Funds (each, a “Transaction”), we are informing you that: (a) We are not undertaking to provide impartial investment advice, or give advice in a fiduciary capacity, in connection with the Transaction; (b) We have a financial interest in selling our products and services to you. Specifically, we and our affiliates earn revenue from the sale of the Funds, including advisory fees, distribution fees, service fees and/or other revenue, and such fees and/or other revenue may vary among the Funds; and (c) We are not receiving a fee or other compensation directly from you or any of your Retirement Customers for the provision of investment advice (as opposed to other services) in connection with the Transaction. In addition, to the extent you (including your affiliates, employees, associated persons, or other agents) are acting as a fiduciary for your Retirement Customers in connection with a Transaction, you represent that: (a) There is no financial interest, ownership interest, or other relationship, agreement or understanding that would limit your ability to carry out your fiduciary responsibility to your Retirement Customers beyond the control, direction or influence of other persons involved in the Transaction; (b) You are capable of evaluating investment risks independently, both in general and with regard to particular transactions and investment strategies; and (c) You are a fiduciary under ERISA or the Code, or both, with respect to the Transaction and are responsible for exercising independent judgment in evaluating the Transaction.

Retirement Customers. We may engage in sales and marketing activities with respect to the Funds, including making available to you information, education and guidance materials and other resources that you may use in connection with the services you provide to your customers, which may include plans, plan fiduciaries, plan participants or beneficiaries, IRAs or XXX IXX owners subject to Title I of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), or Section 4975 of the Internal Revenue Code of 1986, as amended (the “Retirement Customers”). To the extent you (including your affiliates, employees, associated persons, or other agents) are acting as a fiduciary for your Retirement Customers in connection with any transactions in the Funds (each, a “Transaction”), we are informing you that: (a) We are not undertaking to provide impartial investment advice, or give advice in a fiduciary capacity, in connection with the Transaction; (b) We have a financial interest in selling our products and services to you. Specifically, we and our affiliates earn revenue from the sale of the Funds, including advisory fees, distribution fees, service fees and/or other revenue, and such fees and/or other revenue may vary among the Funds; and (c) We are not receiving a fee or other compensation directly from you or any of your Retirement Customers for the provision of investment advice (as opposed to other services) in connection with the Transaction. In addition, to the extent you (including your affiliates, employees, associated persons, or other agents) are acting as a fiduciary for your Retirement Customers in connection with a Transaction, you represent that: (a) There is no financial interest, ownership interest, or other relationship, agreement or understanding that would limit your ability to carry out your fiduciary responsibility to your Retirement Customers beyond the control, direction or influence of other persons involved in the Transaction; (b) You are capable of evaluating investment risks independently, both in general and with regard to particular transactions and investment strategies; and (c) You are a fiduciary under ERISA or the Code, or both, with respect to the Transaction and are responsible for exercising independent judgment in evaluating the Transaction.