1. |
Section 10 (Compliance with Governmental Rules and Regulations; Records) is hereby amended by deleting the first paragraph in its entirety and replacing it with the following:
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2. |
Section 12 (Effective Period and Termination) of the Agreement is hereby amended by deleting the first paragraph in its entirety and replacing it with the following:
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3. |
Schedule B1 (formerly A-2) (Fund Administration Services) to the Agreement is hereby deleted in its entirety and replaced with new Schedule B1, attached hereto as Exhibit l
to this Amendment.
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4. |
Schedule B4 (formerly B) (Notice Filing with State Securities Administrators) to the Agreement is hereby deleted in its entirety.
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5. |
The Fund hereby confirms, as of the date set forth above, its representations and warranties set forth in Section 4 of the Agreement.
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6. |
Except as amended hereby, the Agreement shall remain in full force and effect.
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7. |
This Amendment may be executed in several counterparts, each of which shall be deemed to be an original, and all such counterparts taken together shall constitute one and the same instrument. Counterparts may be
executed in either original or electronically transmitted form (e.g., faxes or emailed portable document format (PDF) form), and the parties hereby adopt as original any signatures received via electronically transmitted form.
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a. |
Prepare for the review by designated officer(s) of the Fund financial information regarding the Portfolio(s) that will be included in the Fund’s semi-annual and annual shareholder reports, and other quarterly
reports (as mutually agreed upon), including tax footnote disclosures where applicable and coordinate with the Fund’s financial printer the filing of such reports with the SEC;
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b. |
Coordinate the audit of the Fund’s financial statements by the Funds independent accountants, including the preparation of supporting audit workpapers and other schedules;
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c. |
Review form N-CSR, annual and semi-annual reports, and provide any comments in a timely manner, coordinating with the Fund’s financial printer the filing of such forms with the SEC; prepare for the review by
designated officer(s) of the Fund, financial information required by Form N-1 A, proxy statements and such other reports, forms or filings as may be mutually agreed upon;
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d. |
Calculate expense ratios and related waivers/recoveries;
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e. |
Prepare and furnish total return performance information for the Portfolio(s), including such information on an after-tax basis,
calculated in accordance with applicable U.S. securities laws and regulations, as may be reasonably requested by Fund management;
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f. |
Prepare and coordinate the filing of Rule 24f-2 notices, including coordination of payment;
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g. |
Provide sub-certificates in connection with the certification requirements of the Sarbanes-Oxley Act of 2002 with respect to the services provided by the Administrator;
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h. |
Maintain certain books and records of the Fund as required under Rule 31a-1(b) of the 1940 Act, as may be mutually agreed upon;
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i. |
Maintain segregation currency requirements under Section 18 of the 1940 Act;
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j. |
Provide such reporting and statistics in the manner and frequency as mutually agreed upon between the Administrator and the Fund;
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k. |
Prepare and file necessary forms relating to 1099-NEC; and provide required data elements for 1042-S filings; and
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l. |
Prepare for the review by designated officer(s) of the Fund ordinary income and capital gains Certificate of Treasury for distributions, including all estimates and projections of net income.
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a. |
The Administrator will provide information and documentation relating to the Fund or other assistance relating to such information and documentation as the Fund may reasonably request to help the Fund respond
to any government or regulatory request, including but not limited to a subpoena or request for information, provided, however, that if, in the Administrator’s
sole discretion, responding to such a request would cause an undue burden on an Administrator or would cause the Administrator to bear undue expense, the Administrator at its option may decline such request or shall be entitled to such fees
or reimbursement of expense as agreed to by the Fund and the Administrator; and
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b. |
The Administrator will provide such information relating to the Fund as the Fund may reasonably request in connection with the services provided by such Administrator to the Fund pursuant to this Agreement, provided, however, that if, in the Administrator’s sole discretion, responding to such a request would cause an
undue burden on the Administrator or would cause the Administrator to bear undue expense, the Administrator at its option may decline such request or shall be entitled to such fees or reimbursement of expense as agreed to by the Fund and the Administrator.
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