Uncertain Tax Positions Services Sample Clauses

Uncertain Tax Positions Services. (a) BNYM shall provide the following services (the “Services”) to each Fund with respect to the Fund’s Tax Positions (as defined below) for each Review Period (as defined below): (i) Documentation of all material tax positions taken by a Fund with respect to the following fiscal years and identified to BNYM (“Tax Positions”): the Fund’s fiscal years ended as set forth on Exhibit A hereto and each fiscal year of the Fund thereafter (each such fiscal year being a “Review Period”); (ii) Review of such Fund’s: (A) tax provision workpapers, (B) excise tax distribution workpapers, (C) income and excise tax returns, (D) tax policies and procedures and (E) Subchapter M compliance workpapers; (iii) Determination as to whether the Tax Positions have been consistently applied and documentation of any inconsistencies, with reasonable notice provided to Administrator of any such inconsistencies; (iv) Review of relevant statutory authorities; (v) Review of any tax opinions and legal memoranda prepared by tax counsel or tax auditors to the Fund; (vi) Review of standard mutual fund industry practices, to the extent such practices are known to or may reasonably be determined by BNYM; and (vii) Delivery of a written report to such Fund with respect to the above. (b) The following are expressly excluded from the Services: (i) assessment of risk of any challenge by the Internal Revenue Service or other taxing authority against any Tax Position (including, without limitation, whether it is “more likely than not” such Tax Position would be sustained); (ii) calculation of any tax benefit measurement, in whole or in part, that may be required if any “more likely than not” threshold has not been met; and (iii) any tax opinion or tax advice. Additionally, none of the Services shall be deemed to be or constitute a tax opinion or tax advice. (c) The Administrator shall cause a Fund to provide such information and documentation as BNYM may reasonably request in connection with the Services. A Fund’s independent public accountants shall cooperate with BNYM and make such information available to BNYM as BNYM may reasonably request. BNYM shall cooperate with each Fund’s independent public accountants and promptly make such information available to each Fund’s independent public accountants as each Fund’s independent public accountants may reasonably request. (d) Notwithstanding anything to the contrary in this Agreement and without limiting any rights, protections or limitations of liabi...

Uncertain Tax Positions Services. The Administrator will perform Uncertain Tax Positions Services in accordance with Appendix B

Uncertain Tax Positions Services. The Administrator shall provide the following services to the Trust with respect to the Trust’s Tax Positions (as defined below): • Documentation of all material tax positions taken by the Trust with respect to specified fiscal years and identified to the Administrator (“Tax Positions”) • Review of the Trust’s: (i) tax provision work papers, (ii) excise tax distribution work papers, (iii) income and excise tax returns, (iv) tax policies and procedures, and (v) Subchapter M compliance work papers; • Determine as to whether or not Tax Positions have been consistently applied, and documentation of any inconsistencies; • Review relevant statutory authorities; • Review tax opinions and legal memoranda prepared by tax counsel or tax auditors to the Trust; • Review standard mutual fund industry practices, to the extent such practices are known to, or may reasonable be determined by, the Administrator; and • Delivery of a written report to the Trust detailing such items. Northern shall provide the following services in respect of each Fund, in each case, subject to the control, supervision and direction of GuideStone Capital Management, LLC (the “Adviser”) and the Board of Trustees of the Funds and the review and comment by the Funds’ auditors and legal counsel and in accordance with procedures which may be established from time to time between the Trust and Northern:

Uncertain Tax Positions Services. The Administrator shall provide the following services to the Trust with respect to the Trust’s Tax Positions (as defined below): (i) Documentation of all material tax positions taken by the Trust with respect to specified fiscal years and identified to the Administrator (“Tax Positions”); (ii) Review of the Trust’s: (i) tax provision work papers, (ii) excise tax distribution work papers, (iii) income and excise tax returns, (iv) tax policies and procedures, and (v) Subchapter M compliance work papers; (iii) Determine as to whether or not Tax Positions have been consistently applied, and documentation of any inconsistencies; (iv) Review relevant statutory authorities; (v) Review tax opinions and legal memoranda prepared by tax counsel or tax auditors to the Trust; (vi) Review standard mutual fund industry practices, to the extent such practices are known to, or may reasonably be determined by, the Administrator; and (vii) Delivery of a written report to the Trust detailing such items. (e) IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service, the Administrator informs the Trust that any U.S. tax advice contained in any communication from the Administrator to the Trust (including any future communications) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein or therein.”