Records Visits Contract Clauses (12)

Records Visits. (a) The books and records pertaining to the Trust which are in the possession or under the control of BNY Mellon shall be the property of the Trust. The Trust and Authorized Persons shall have access to such books and records at all times during BNY Mellon's normal business hours. Upon the reasonable request of the Trust, copies of any such books and records shall be promptly provided by BNY Mellon to the Trust or to an Authorized Person, at the Trust's expense. BNY Mellon will promptly deliver ...to the Trust or to any designated third party the Trust's books and records created and maintained by BNY Mellon as well as any books and records of the Trust maintained but not created by BNY Mellon. 10 (b) BNY Mellon shall keep all (i) books and records with respect to the Trust's books of account, (ii) records of the Trust's transactions in securities and other assets, and (iii) all other books and records as required pursuant to Section 31 of the Investment Company Act of 1940, as amended, and rules thereunder, as if the Trust were subject to such requirements, and will maintain those books and records of the Trust according to such requirements. View More

Records Visits. (a) The books and records pertaining to the Trust and the Funds which are in the possession or under the control of BNY Mellon shall be the property of the Trust. The Trust and Authorized Persons shall have access to such books and records at all times during BNY Mellon's normal business hours. Upon the reasonable request of the Trust, copies of any such books and records shall be promptly provided by BNY Mellon to the Trust or to an Authorized Person, at the Trust's expense. Upon termination or... expiration of this Agreement, the parties agree to cooperate in the execution of documents and performance of other actions necessary or desirable in order to facilitate the succession of a new service provider. BNY Mellon will promptly deliver to the Trust or to any designated third party all books and records created and maintained by BNY Mellon as well as any books and records maintained but not created by BNY Mellon together with a certification that all such books and records created and maintained by BNY Mellon are accurate and complete. For purposes of clarification, BNY Mellon shall not charge the Trust or any successor service provider any fees or expenses associated with delivering the books and records held by it to the successor service provider. Further, BNY Mellon agrees that if this Agreement terminates or expires at the end of a calendar quarter, BNY Mellon will prepare, review and file the Form 10-K or 10-Q, as applicable, and the Form CPO-PQR for the immediately preceding calendar quarter or year, as applicable, in accordance with and subject to the terms and conditions of this Agreement. For the avoidance of doubt, BNY Mellon shall be compensated for the services provided pursuant to Section 10 of this Agreement. (b) BNY Mellon shall (i) keep all books and records with respect to each Fund's books of account, (ii) records of each Fund's securities transactions, and (iii) all other books and records as required pursuant to Commodity Futures Trading Commission Regulation 1.31 ("CFTC Regulation 1.31") in connection with the services provided hereunder and Rule 31a-1 under the 1940 Act, as if the Fund were subject to such requirements, and will maintain those books and records of the Trust and the Funds, and act as the document repository thereof, as required by CFTC Regulation 1.31 and according to its normal retention schedule for such books and records. 12. Term of Agreement. (a) The term of this Agreement shall be three (3) years (the "Initial Term"), commencing October 1, 2018 and shall automatically renew for additional one-year terms (each, a "Renewal Term") unless earlier terminated as provided below: (i) Beginning on the first day of the second year of this Agreement, the Trust may terminate this Agreement at any time upon at least ninety (90) days' written notice, to BNY Mellon at its address set forth in Section 18 hereof. (ii) Either party hereto may terminate this Agreement in the event the other party breaches any material provision of this Agreement, provided that the non-breaching party gives written notice of such breach to the breaching party and the breaching party does not cure such violation within thirty (30) days following receipt of such notice. (iii) Either party hereto may terminate this Agreement immediately by sending notice thereof to the other party upon the happening of any of the following: (i) a party commences as debtor any case or proceeding under any bankruptcy, insolvency or similar law, or there is commenced against such party any such case or proceeding; (ii) a party commences as debtor any case or proceeding seeking the appointment of a receiver, conservator, trustee, custodian or similar official for such party or any substantial part of its property or there is commenced against the party any such case or proceeding; (iii) a party makes a general assignment for the benefit of creditors; or (iv) a party states in any medium, written, electronic or otherwise, any public communication or in any other public manner its inability to pay debts as they come due. Either party hereto may exercise its termination right under this Section 12(d) at any time after the occurrence of any of the foregoing events notwithstanding that such event may cease to be continuing prior to such exercise, and any delay in exercising this right shall not be construed as a waiver or other extinguishment of that right. (b) Termination of this Agreement with respect to one Fund shall not constitute a termination of this Agreement with respect to the other Funds. View More