Common use of U.S. Government List Matching Services Clause in Contracts

U.S. Government List Matching Services. Administrator will compare Appropriate List Matching Data (as defined in subsection (C) below) contained in Administrator databases which are maintained for the Fund pursuant to the Agreement ("Fund Data") to "U.S. Government Lists", which is hereby defined to mean the following: ● data promulgated in connection with the list of Specially Designated Nationals published by the Office of Foreign Asset Control of the U.S. Department of the Treasury ("OFAC") and any other sanctions lists or programs administered by OFAC to the extent such lists or programs remain operative and applicable to the Fund ("OFAC Lists"); and ● data promulgated in connection with any other lists, programs or determinations (A) which Administrator determines to be substantially similar in purpose to any of the foregoing lists, programs or determinations, or (B) which Administrator and the Fund agree in writing to add to the service described in this Item 5. In the event that following a comparison of Fund Data to a U.S. Government List as described in subsection (a) Administrator determines that any Fund Data constitutes a "match" with the U.S. Government List in accordance with the criteria applicable to the particular U.S. Government List, Administrator: ● will notify the Fund of such match; ● will send any other notifications required by applicable law or regulation by virtue of the match; ● if a match to an OFAC List, will to the extent required by applicable law or regulation assist the Fund in taking appropriate steps to block any transactions or attempted transactions to the extent such action may be required by applicable law or regulation; and ● will assist the Fund in taking any other appropriate actions required by applicable law or regulation.

Appears in 6 contracts

Samples: Accounting and Recordkeeping Agreement (Gottex Multi-Alternatives Master Fund), Accounting and Recordkeeping Agreement (Gottex Multi-Asset Endowment Master Fund), Accounting and Recordkeeping Agreement (Gottex Multi-Asset Endowment Fund - II)

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