Common use of Foreign Corrupt Practices Act of 1977 Clause in Contracts

Foreign Corrupt Practices Act of 1977. Neither ProLogis nor any of its subsidiaries nor, to the knowledge of ProLogis, any director, officer, agent, employee or affiliate of ProLogis or any of its subsidiaries is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the FCPA, including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA; and ProLogis, its subsidiaries and, to the knowledge of ProLogis, its affiliates have conducted their businesses in compliance with the FCPA and have instituted and maintain policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.

Foreign Corrupt Practices Act of 1977. Neither ProLogis nor any of its subsidiaries the Commodity Subadvisor nor, to the knowledge of ProLogisthe Commodity Subadvisor, any directormember, officer, agent, employee or affiliate of ProLogis or any of its subsidiaries the Commodity Subadvisor is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the FCPA, including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA; , and ProLogisthe Commodity Subadvisor, its subsidiaries and, and to the knowledge of ProLogisthe Commodity Subadvisor, its affiliates have conducted their businesses in compliance with the FCPA and have instituted and maintain policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.