Common use of RIGHTS OF OWNERSHIP; RETURN OF RECORDS Clause in Contracts

RIGHTS OF OWNERSHIP; RETURN OF RECORDS. Except for computer software, programs and procedures, whether or not customized for the Trust or one of its Portfolios, developed to perform services required to be provided by CMFS under this Agreement, all books and records maintained by CMFS in connection with its services under this Agreement are the exclusive property of the Trust and all such records and data will be furnished to the Trust in appropriate form as soon as practicable after termination of this Agreement for any reason. CMFS may at its option at any time, and shall promptly upon the Trust's demand, deliver to the Trust, at the Trust's expense, and cease to retain CMFS books and records created and maintained by CMFS pursuant to this Agreement which are no longer needed by CMFS in the performance of its services or for its legal protection. CMFS shall be entitled to maintain a copy of the Trust's books and records to the extent necessary for CMFS to fulfill its regulatory obligations. If such books and records are not delivered in accordance with this paragraph, CMFS will maintain such books and records in accordance with applicable record keeping requirements from the date such books and records were created. At the end of such retention period, such books and records will be delivered to the Trust at the Trust's expense unless the Trust instructs CMFS in writing to destroy such books and records. Any such destruction will be at the Trust's expense. If destruction of books and records is instructed by the Trust, CMFS shall provide reasonable proof of such destruction to the Trust. Any such destruction authorization shall be evidenced by a certified resolution of the Trust's Board of Trustees. The Trust shall indemnify and hold harmless CMFS in accordance with Paragraph 8 of this Agreement for any loss, claim or expense (including, but not limited to, reasonable attorneys' fees) in connection with CMFS' compliance with an instruction to destroy any books and records pursuant to this paragraph.

RIGHTS OF OWNERSHIP; RETURN OF RECORDS. Except for computer software, programs and procedures, whether or not customized for the Trust Fund or one of its Portfolios, developed to perform services required to be provided by CMFS under this Agreement, all books and records maintained by CMFS in connection with its services under this Agreement are the exclusive property of the Trust Fund and all such records and data will be furnished to the Trust Fund in appropriate form as soon as practicable after termination of this Agreement for any reason. CMFS may at its option at any time, and shall promptly upon the TrustFund's demand, deliver to the TrustFund, at the TrustFund's expense, and cease to retain CMFS retain, books and records created and maintained by CMFS pursuant to this Agreement which are no longer needed by CMFS in the performance of its services or for its legal protection. CMFS shall be entitled to maintain a copy of the TrustFund's books and records to the extent necessary for CMFS to fulfill its regulatory obligations. If such books and records are not delivered in accordance with this paragraph, CMFS will maintain such books and records in accordance with applicable record keeping requirements from the date such books and records were created. At the end of such retention period, such books and records will be delivered to the Trust Fund at the TrustFund's expense unless the Trust Fund instructs CMFS in writing to destroy such books and records. Any such destruction will be at the TrustFund's expense. If destruction of books and records is instructed by the TrustFund, CMFS shall provide reasonable proof of such destruction to the TrustFund. Any such destruction authorization shall be evidenced by a certified resolution of the TrustFund's Board of TrusteesDirectors. The Trust Fund shall indemnify and hold harmless CMFS in accordance with Paragraph 8 of this Agreement for any loss, claim or expense (including, but not limited to, reasonable attorneys' fees) in connection with CMFS' compliance with an instruction to destroy any books and records pursuant to this paragraph.