Common use of Methods of Determination Clause in Contracts

Methods of Determination. Upon the Trustee’s request for indemnification or advancement of Expenses, a determination with respect to the Trustee’s entitlement thereto shall be made in a manner consistent with the terms of this Agreement. The Trustee shall cooperate with the person(s) making such determination, including without limitation providing to such person(s) upon reasonable request therefor any documentation or information that is not privileged or otherwise protected from disclosure and is reasonably available to the Trustee and reasonably necessary to such determination. Any failure by the Trustee to cooperate with the person or persons making such determination shall extend as necessary and appropriate the period(s) described in paragraph (d) of this Section 4 regarding determinations deemed to have been made. Any Expenses incurred by the Trustee in so cooperating shall be borne by the relevant Series, irrespective of the determination as to the Trustee’s entitlement to indemnification or advancement of Expenses (unless such Series was or were terminated prior to any such liability or claim being known to the Trustee, in which case such obligations, to the extent not satisfied out of the assets of such Series, shall be an obligation of the Trust).