Common use of License of Data; Warranty; Termination of Rights Clause in Contracts

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B shall not have any effect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the Data. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Fund agrees to indemnify and hold harmless USBFS, its information providers, and any other third party identified to the Fund as being involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents (such information providers and other third parties, collectively, “Data Providers”) from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustFund’s or any third party’s use of, or inability to use, the Data or any material breach by the Trust Fund of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS Fund Services has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Systems, Inc. (“FACTSET”) which and obligates USBFS Fund Services to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust by USBFS Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS Fund Services has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFSFund Services, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS Fund Services as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustCompany. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Company agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustCompany’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Company of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.liability

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Fund agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustFund’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Fund of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS Fund Services has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Systems, Inc. (“FACTSET”) which obligates USBFS Fund Services to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust by USBFS Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B shall not have any effect upon the standard of care and liability USBFS Fund Services has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFSFund Services, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS Fund Services as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. A. The index data services being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B A shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS Fund Services has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Systems, Inc. (“FACTSET”) which and obligates USBFS Fund Services to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust by USBFS Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS Fund Services has set forth in Section 6 7 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFSFund Services, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS Fund Services as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. A. The index data services being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B A shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The provisions in Exhibit B shall not have any effect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Fund agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costsexpenses, as incurred, arising in and any manner out of the TrustFund’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Fund of any provision contained in this Agreement regarding the Data. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which and obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Fund agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustFund’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Fund of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS Fund Services has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS Fund Services to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust by USBFS Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS Fund Services has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFSFund Services, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS Fund Services as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. A. The index data services being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B A shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costsexpenses, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. C. The index data services being provided to BIM on behalf of the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrusttoBIM. The provisions in Exhibit B C shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust BIM agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustBIM’s or any third party’s use of, or inability to use, the Data or any breach by the Trust BIM of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS Tidal hereby informs the Trust that the Sub-Administrator has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The ); and the related index data services being provided to the Trust by USBFS pursuant hereto Tidal or the Sub-Administrator (collectively, the “Data”) are being licensedsublicensed, not sold, to the Trust. The Trust hereby acknowledges and agrees with the provisions set forth on Exhibit B hereto. The provisions in Exhibit B shall not have any effect upon the standard of care and liability USBFS Tidal has set forth in Section 6 of this Agreement. B. The Trust agrees to shall indemnify and hold harmless USBFSTidal, the Sub-Administrator, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third partya Fund’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the Data. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS Tidal as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustTrust and consist solely of the Fund’s use of the industry classifications in accordance with Global Industry Classification Standard (GICS®), which was developed by and/or is the exclusive property of MSCI and S&P (collectively, the “Data”). The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. C. The index data services being provided to the Company on behalf of the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustCompany. The provisions in Exhibit B C shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Company agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustCompany’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Company of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s use of the Data or any third party’s use of, or inability to use, use the Data or any breach which was provided only by the Trust of any provision contained in this Agreement regarding the DataTrust. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The When applicable, the index data services being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The provisions in Exhibit B shall not have any effect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Fund agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustFund’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Fund of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement. C. When applicable, USBFS is authorized to rely on fair values provided to USBFS by the Fund without investigation or verification.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. C. The index data services being provided to BIM on behalf of the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustBIM. The provisions in Exhibit B C shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust BIM agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustBIM’s or any third party’s use of, or inability to use, the Data or any breach by the Trust BIM of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which that obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B shall not have any effect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as to the extent incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding Section 3; provided, for avoidance of doubt, that “Data” includes only index data services provided to the DataTrust by USBFS under this Agreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. A. The index data services being provided to the Trust Trusts by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustTrusts. The provisions in Exhibit B A shall not have any effect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Each Trust agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directorstrustees, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s applicable Trust or any third party’s use of, or inability to use, the Data or any breach by the applicable Trust of any provision contained in this Agreement regarding the Data. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The provisions in Exhibit B shall not have any effect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Fund agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustFund’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Fund of any provision contained in this Agreement regarding the Data. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Inc. (“FACTSET”) which obligates obligate USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustCompany. The provisions in Exhibit B shall not have any effect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Company agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustCompany’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Company of any provision contained in this Agreement regarding the Data. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.liability

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Amended Exhibit B. The index data services being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Amended Exhibit B shall not have any effect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the Data. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement. 3) Exhibit C is superseded and replaced in its entirety with Amended Exhibit C attached hereto.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustCompany. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Company agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustCompany’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Company of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this the Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Fund agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directorstrustees, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustFund’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Fund of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS Fund Services has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Systems, Inc. (“FACTSET”) which obligates USBFS Fund Services to include a list of required provisions in this Agreement attached hereto as Exhibit B. A. The index data services being provided to the Trust by USBFS Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B A shall not have any effect affect upon the standard of care and liability USBFS Fund Services has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFSFund Services, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS Fund Services as set forth in Section 6 of this Agreement.. Execution Copy

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Systems, Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. A. The index data services being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B A shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The provisions in Exhibit B shall not have any effect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Fund agrees to indemnify and mid hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustFund’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Fund of any provision contained in this Agreement regarding Section 4; provided, for the avoidance of doubt, that “Data” includes only index data services provided to the Fund by USBFS under this Agreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided that USBFS provides to the Trust by USBFS pursuant hereto to this Agreement (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B shall not have any effect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the Data. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS Fund Services has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Financial Services LLC (“S&P”), ) to restrict the external distribution of their data and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS Fund Services to include a list of required provisions in this Agreement attached hereto as Exhibit B. A. The index data services being provided to the Trust by USBFS Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B A shall not have any effect affect upon the standard of care and liability USBFS Fund Services has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFSFund Services, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS Fund Services as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B shall not have any effect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless In the absence of bad faith, fraud, negligence or willful misconduct on the part of USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents agents, the Trust agrees to indemnify and hold harmless from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the Data. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustCompany. The provisions in Exhibit B shall not have any effect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Company agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustCompany’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Company of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS Fund Services has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Systems, Inc. (“FACTSET”) which obligates USBFS Fund Services to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust by USBFS Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B shall not have any effect upon the standard of care and liability USBFS Fund Services has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFSFund Services, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS Fund Services as set forth in Section 6 of this Agreement.. Execution Version

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. A. The index data services being provided to the Trust Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustCompany. The provisions in Exhibit B A shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Company agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustCompany’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Company of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustCompany. The provisions in Exhibit B shall not have any effect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Company agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustCompany’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Company of any provision contained in this Agreement regarding the Data. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustCompany. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Company agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustCompany’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Company of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreementliability.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services of MSCI and S&P being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directorstrustees, officers, employees and agents (each, a “Data Indemnified Party”) from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurredcosts incurred by a Data Indemnified Party, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained its representations, warranties and covenants set forth in this Agreement regarding the Data. Exhibit B. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreementliability.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust each Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trusteach Fund. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Each Fund agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s Funds’ or any third party’s use of, or inability to use, the Data or any breach by the Trust Funds of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Poor’s Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any breach by the Trust of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustCompany. The provisions in Exhibit B shall not have any effect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Company agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustCompany’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Company of any provision contained in this Agreement regarding the Data. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreementliability.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. A. The index data services being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The provisions in Exhibit B A shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Fund agrees to indemnify and hold harmless USBFS, USBFS and its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustFund’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Fund of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Inc. (“FACTSET”) which and obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Fund agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustFund’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Fund of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which and obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Fund agrees to indemnify and hold harmless USBFS, its information providers, and any other third party identified to the Fund as being involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents (such information providers and other third parties, collectively, “Data Providers”) from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any material breach by the Trust of any provision contained in Exhibit B attached to this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Inc. (“FACTSET”) ), which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. A. The index data services being provided to BIM on behalf of the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustBIM. The provisions in Exhibit B A, to the extent applicable, shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust BIM agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustBIM’s or any third party’s use of, or inability to use, the Data or any breach by the Trust BIM of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The provisions in Exhibit B shall not have any effect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust agrees to indemnify and hold harmless USBFS, its information providers, and any other third party identified to the Fund as being involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents (such information providers and other third parties, collectively, “Data Providers”) from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Trust’s or any third party’s use of, or inability to use, the Data or any material breach by the Trust of any provision contained in this Agreement regarding the Data. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS Fund Services has entered into agreements with MSCI index data services (“MSCI”), Standard & Poor Financial Services LLC (“S&P”), ) and FactSet Research Systems Systems, Inc. (“FACTSET”) which obligates USBFS Fund Services to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust Company by USBFS Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustCompany. The provisions in Exhibit B shall not have any effect upon the standard of care and liability USBFS Fund Services has set forth in Section 6 of this Agreement. B. The Trust Company agrees to indemnify and hold harmless USBFSFund Services, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the TrustCompany’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Company of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS Fund Services as set forth in Section 6 of this Agreement.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“MSCI”), ) and Standard & Poor Financial Services LLC (“S&P”), and FactSet Research Systems Inc. (“FACTSET”) which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services of MSCI and S&P being provided to the Trust Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustCompany. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Company agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents (each, a “Data Indemnified Party”) from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurredcosts incurred by a Data Indemnified Party, arising in and any manner out of the TrustCompany’s or any third party’s use of, or inability to use, the Data or any breach by the Trust Company of any provision contained its representations, warranties and covenants set forth in this Agreement regarding the Data. Exhibit B. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreementliability.

License of Data; Warranty; Termination of Rights. A. USBFS has entered into agreements an agreement with MSCI index data services (“"MSCI”), ") and Standard & Poor Financial Services LLC (“"S&P”), and FactSet Research Systems Inc. (“FACTSET”") which obligates USBFS to include a list of required provisions in this Agreement attached hereto as Exhibit B. The index data services being provided to the Trust Company by USBFS pursuant hereto (collectively, the “"Data”") are being licensed, not sold, to the TrustCompany. The provisions in Exhibit B shall not have any effect affect upon the standard of care and liability USBFS has set forth in Section 6 of this Agreement. B. The Trust Company agrees to indemnify and hold harmless USBFS, its information providers, and any other third party involved in or related to the making or compiling of the Data, their affiliates and subsidiaries and their respective directors, officers, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ ' fees and costs, as incurred, arising in and any manner out of the Trust’s Company's or any third party’s 's use of, or inability to use, the Data or any breach by the Trust Company of any provision contained in this Agreement regarding the DataAgreement. The immediately preceding sentence shall not have any effect upon the standard of care and liability of USBFS as set forth in Section 6 of this Agreement.liability