Common use of Unclaimed Property Services Clause in Contracts

Unclaimed Property Services. (A) The Fund acknowledges and agrees that it is the holder of all property and assets in the accounts of its shareholders and in the Fund’s Service Accounts (“UPL Property”), that the Fund is solely and exclusively responsible for determining the applicability to the Fund and the UPL Property of the unclaimed property, abandoned property , escheat or similar laws, regulations or administrative provisions of all applicable legal jurisdictions (“Unclaimed Property Laws”) and that, as between the Fund and BNYM, the Fund possesses the sole and exclusive responsibility to comply with all applicable Unclaimed Property Laws and BNYM possesses no such responsibility. As between BNYM and the Fund, the Fund shall have the sole and exclusive obligation to sign reports, to sign letters, to communicate with government representatives, current and former shareholders and other appropriate third parties and otherwise to act in all manners on behalf of and in the name of the Fund with respect to Fund’s compliance with the Unclaimed Property Laws. (B) Upon a request by the Fund delivered to BNYM in Written Instructions within a mutually agreed-upon time frame, but in any event at least 30 days in advance, BNYM agrees to provide the Fund with Standard Files (as defined immediately below) specifically requested by the Fund for use in complying with applicable Unclaimed Property Laws (“UPL Instructions”). “Standard Files” means files that contain Fund data (i) that has been entered into and maintained in the BNYM System in the ordinary course of BNYM performing the services specifically listed in Section 2, and (ii) in a file format and with specifications that can be generated by the BNYM System as of the date of the request without modification to the BNYM System. BNYM shall deliver the Standard Files requested by the Fund in UPL Instructions to the Fund using the standard file transmission protocols it uses to provide other files to the Fund in the ordinary course of business unless the Fund provides clear and explicit directions to BNYM in the UPL Instructions, or other Written Instructions to deliver the Standard Files to a third party and such delivery does not require any modification to the BNYM System or any hardware or applications, APIs or other software utilized by BNYM for transmission of files to the Fund in the ordinary course of business. If Confidential And Proprietary Execution Version in accordance with the foregoing the Fund requests that BNYM provide a file that is not a Standard File or transmit a file in any manner not then supported by BNYM, BNYM will consult with the Fund with respect to the modifications that would be required to the BNYM System and in the event the parties reach an agreement in writing regarding the business requirements, fees and other terms of the modification BNYM will use commercially reasonable efforts to develop and implement the agreed-upon modification. Any files generated in accordance with the modification will be included within the definition of Standard Files.

Unclaimed Property Services. (A) The Fund acknowledges and agrees that it is the holder of all property and assets in the accounts of its shareholders and in the Fund’s Service Accounts (“UPL Property”), that the Fund is solely and exclusively responsible for determining the applicability to the Fund and the UPL Property of the unclaimed property, abandoned property , escheat or similar laws, regulations or administrative provisions of all applicable legal jurisdictions (“Unclaimed Property Laws”) and that, as between the Fund and BNYM, the Fund possesses the sole and exclusive responsibility to comply with all applicable Unclaimed Property Laws and BNYM possesses no such responsibility. As between BNYM and the Fund, the Fund shall have the sole and exclusive obligation to sign reports, to sign letters, to communicate with government representatives, current and former shareholders and other appropriate third parties and otherwise to act in all manners on behalf of and in the name of the Fund with respect to Fund’s compliance with the Unclaimed Property Laws. (B) Upon a request by the Fund delivered to BNYM in Written Instructions within a mutually agreed-upon time frame, but in any event at least 30 days in advance, BNYM agrees to provide the Fund with Standard Files (as defined immediately below) specifically requested by the Fund for use in complying with applicable Unclaimed Property Laws (“UPL Instructions”). “Standard Files” means files that contain Fund data (i) that has been entered into and maintained in the BNYM System in the ordinary course Confidential And Proprietary Execution Version of BNYM performing the services specifically listed in Section 2, and (ii) in a file format and with specifications that can be generated by the BNYM System as of the date of the request without modification to the BNYM System. BNYM shall deliver the Standard Files requested by the Fund in UPL Instructions to the Fund using the standard file transmission protocols it uses to provide other files to the Fund in the ordinary course of business unless the Fund provides clear and explicit directions to BNYM in the UPL Instructions, or other Written Instructions to deliver the Standard Files to a third party and such delivery does not require any modification to the BNYM System or any hardware or applications, APIs or other software utilized by BNYM for transmission of files to the Fund in the ordinary course of business. If Confidential And Proprietary Execution Version in accordance with the foregoing the Fund requests that BNYM provide a file that is not a Standard File or transmit a file in any manner not then supported by BNYM, BNYM will consult with the Fund with respect to the modifications that would be required to the BNYM System and in the event the parties reach an agreement in writing regarding the business requirements, fees and other terms of the modification BNYM will use commercially reasonable efforts to develop and implement the agreed-upon modification. Any files generated in accordance with the modification will be included within the definition of Standard Files.

Unclaimed Property Services. (A) The Fund acknowledges and agrees that it is the holder of all property and assets in the accounts of its shareholders and in the Fund’s Service Accounts (“UPL Property”), that the Fund is solely and exclusively responsible for determining the applicability to the Fund and the UPL Property of the unclaimed property, abandoned property , escheat or similar laws, regulations or administrative provisions of all applicable legal jurisdictions (“Unclaimed Property Laws”) and that, as between the Fund and BNYM, the Fund possesses the sole and exclusive responsibility to comply with all applicable Unclaimed Property Laws and BNYM possesses no such responsibility. As between BNYM and the Fund, the Fund shall have the sole and exclusive obligation to sign reports, to sign letters, to communicate with government representatives, current and former shareholders and other appropriate third parties and otherwise to act in all manners on behalf of and in the name of the Fund with respect to Fund’s compliance with the Unclaimed Property Laws. (B) Upon a request by the Fund delivered to BNYM in Written Instructions within a mutually agreed-upon time frame, but in any event at least 30 days in advance, BNYM agrees to provide the Fund with Standard Files (as defined immediately below) specifically requested by the Fund for use in complying with applicable Unclaimed Property Laws (“UPL Instructions”). “Standard Files” means files that contain Fund data (i) that has been entered into and maintained in the BNYM System in the ordinary course of BNYM performing the services specifically listed in Section 2, and (ii) in a file format and with specifications that can be generated by the BNYM System as of the date of the request without modification to the BNYM System. BNYM shall deliver the Standard Files requested by the Fund in UPL Instructions to the Fund using the standard file transmission protocols it uses to provide other files to the Fund in the ordinary course of business unless the Fund provides clear and explicit directions to BNYM in the UPL Instructions, or other Written Instructions to deliver the Standard Files to a third party and such delivery does not require any modification to the BNYM System or any hardware or applications, APIs or other software utilized by BNYM for transmission of files to the Fund in the ordinary course of business. If Confidential And Proprietary Execution Version If in accordance with the foregoing the Fund requests that BNYM provide a file that is not a Standard File or transmit a file in any manner not then supported by BNYM, BNYM will consult with the Fund with respect to the modifications that would be required to the BNYM System and in the event the parties reach an agreement in writing regarding the business requirements, fees and other terms of the modification BNYM will use commercially reasonable efforts to develop and implement the agreed-upon modification. Any files generated in accordance with the modification will be included within the definition of Standard Files.

Unclaimed Property Services. (A) The Fund acknowledges and agrees that it is the holder of all property and assets in the accounts of its shareholders and in the Fund’s Service Accounts (“UPL Property”), that the Fund is solely and exclusively responsible for determining the applicability to the Fund and the UPL Property of the unclaimed property, abandoned property property, escheat or similar laws, regulations or administrative provisions of all applicable legal jurisdictions (“Unclaimed Property Laws”) and that, as between the Fund and BNYM, the Fund possesses the sole and exclusive responsibility to comply with all applicable Unclaimed Property Laws and BNYM possesses no such responsibility. As between BNYM and the Fund, the Fund shall have the sole and exclusive obligation to sign reports, to sign letters, to communicate with government representatives, current and former shareholders and other appropriate third parties and otherwise to act in all manners on behalf of and in the name of the Fund with respect to Fund’s compliance with the Unclaimed Property Laws. (B) Upon a request by the Fund delivered to BNYM in Written Instructions within a mutually agreed-upon time frame, but in any event at least 30 days in advance, BNYM agrees to provide the Fund with Standard Files (as defined immediately below) specifically requested by the Fund for use in complying with applicable Unclaimed Property Laws (“UPL Instructions”). “Standard Files” means files that contain Fund data (i) that has been entered into and maintained in the BNYM System in the ordinary course of BNYM performing the services specifically listed in Section 2, and (ii) in a file format and with specifications that can be generated by the BNYM System as of the date of the request without modification to the BNYM System. BNYM shall deliver the Standard Files requested by the Fund in UPL Instructions to the Fund using the standard file transmission protocols it uses to provide other files to the Fund in the ordinary course of business unless the Fund provides clear and explicit directions to BNYM in the UPL Instructions, or other Written Instructions to deliver the Standard Files to a third party and such delivery does not require any modification to the BNYM System or any hardware or applications, APIs or other software utilized by BNYM for transmission of files to the Fund in the ordinary course of business. If Confidential And Proprietary Execution Version in accordance with the foregoing the Fund requests that BNYM provide a file that is not a Standard File or transmit a file in any manner not then supported by BNYM, BNYM will consult with the Fund with respect to the modifications that would be required to the BNYM System and in the event the parties reach an agreement in writing regarding the business requirements, fees and other terms of the modification BNYM will use commercially reasonable efforts to develop and implement the agreed-upon modification. Any files generated in accordance with the modification will be included within the definition of Standard Files.