ROLE OF PARTICIPANT. a. Not Acting as Agent The Participant acknowledges and agrees that, for all purposes of this Agreement, the Participant will be deemed to be an independent contractor and shall have no authority in any transaction or in any respect to act as agent of the Trust, the Distributor, or the Transfer Agent. The Participant agrees to make itself and its employees available, upon request, during normal business hours to consult with the Trust, the Distributor, the Transfer Agent, or the Participant’s custodian or their designees concerning the performance of the Participant’s responsibilities under this Agreement. b. Obligations as DTC Participant The Participant, as a DTC Participant, agrees that it shall be bound by all of the obligations of a DTC Participant in addition to any obligations that it undertakes hereunder or in accordance with the Prospectus.
Appears in 8 contracts
Samples: Authorized Participant Agreement (Fidelity Covington Trust), Authorized Participant Agreement (Fidelity Covington Trust), Authorized Participant Agreement (Fidelity Covington Trust)
ROLE OF PARTICIPANT. a. Not Acting as Agent The Participant acknowledges and agrees that, for all purposes of this Agreement, the Participant will be deemed to be an independent contractor and shall have no authority in any transaction or in any respect to act as agent of the Trust, the Distributor, or the Transfer Agent. The Participant agrees to make itself and its employees available, upon request, during normal business hours to consult with the Trust, the Distributor, the Transfer Agent, or the Participant’s 's custodian or their designees concerning the performance of the Participant’s 's responsibilities under this Agreement.
b. Obligations as DTC Participant The Participant, as a DTC Participant, agrees that it shall be bound by all of the obligations of a DTC Participant in addition to any obligations that it undertakes hereunder or in accordance with the Prospectus.
Appears in 2 contracts
Samples: Authorized Participant Agreement (Fidelity Merrimack Street Trust), Authorized Participant Agreement (Fidelity Covington Trust)