Common use of Rules of NASD, etc Clause in Contracts

Rules of NASD, etc. (a) FDDI will conform to the Conduct Rules of the NASD and the securities laws of any jurisdiction in which it directly or indirectly sells any Shares. (b) FDDI will require each dealer with whom FDDI has a selling agreement to conform to the applicable provisions of the Prospectus, with respect to the public offering price of the Shares, and FDDI shall not withhold the placing of purchase orders so as to make a profit thereby. (c) The Fund and the Company agree to furnish FDDI sufficient copies of any and all: agreements, plans, communications with the public or other materials which the Fund or the Company intend to use in connection with any sales of Shares, in adequate time for FDDI to file and clear such materials with the proper authorities before they are put in use. FDDI and the Fund or the Company may agree that any such material does not need to be filed subsequent to distribution. In addition, the Fund and the Company agree not to use any such materials until so filed and cleared for use, if required, by appropriate authorities as well as by FDDI. (d) FDDI, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable state or federal laws required in order that the Shares may be sold in such states as may be mutually agreed upon by the Parties. (e) FDDI shall remain registered with the SEC and a member of the NASD for the term of this Agreement. (f) FDDI shall not, in connection with any sale or solicitation of a sale of the Shares, make or authorize any representative, service organization, broker or dealer to make any representations concerning the Shares, except those contained in the Prospectus offering the Shares and in communications with the public or sales materials approved by FDDI as information supplemental to such Prospectus. Copies of the Prospectus will be supplied by the Fund or the Company to FDDI in reasonable quantities upon request. (g) FDDI shall only be authorized to make representations in respect of the Fund consistent with the then current Prospectus, Statement of Additional Information, and other written information provided by the Fund or its agents to be used explicitly with respect to the sale of Shares.

Rules of NASD, etc. (a) FDDI will Underwriter hereby certifies that it is a member of the NASD and agrees to maintain its membership in the NASD. Underwriter agrees that it shall conform to the Conduct Rules of the NASD and the securities laws of any jurisdiction in which it sells, directly or indirectly sells indirectly, any Shares. Underwriter further agrees to comply with all applicable state and federal laws and the rules and regulations of authorized regulatory agencies. (b) FDDI Underwriter will require each dealer with whom FDDI Underwriter has a selling dealer agreement to conform to the applicable provisions of hereof and the Prospectus, Registration Statement with respect to the public offering price of the Shares, and FDDI neither Underwriter nor any such dealers shall not withhold the placing of purchase orders so as to make a profit thereby. (c) The Fund and the Company agree Underwriter agrees to furnish FDDI sufficient to the Trust copies of any and all: agreements, plans, communications with the public plans or other materials which the Fund or the Company intend it intends to use in connection with any sales of Shares, Shares in adequate time for FDDI the Trust to file and clear such materials them with the proper authorities before they are put in use. FDDI , and the Fund or the Company may agree that any such material does not need to be filed subsequent to distribution. In addition, the Fund and the Company agree not to use any such materials them until so filed and cleared for use, if required, by appropriate authorities cleared. Underwriter shall furnish to the Trust any such additional information related to the distribution of the Shares as well as by FDDIthe Trust may reasonably request. (d) FDDIUnderwriter, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable state State or federal laws required in order that the Shares may be sold in such states States as may be mutually agreed upon by the Partiesparties. (e) FDDI Underwriter shall remain registered with the SEC and a member of the NASD for the term of this Agreement. (f) FDDI shall notnot make, or permit any representative, broker or dealer to make, in connection with any sale or solicitation of a sale of the Shares, make or authorize any representative, service organization, broker or dealer to make any representations concerning the Shares, Shares except those contained in the Prospectus offering then current prospectus and statement of additional information covering the Shares and in communications with printed information approved in writing by the public or sales materials approved by FDDI Trust as information supplemental to such Prospectusprospectus and statement of additional information. Copies of the Prospectus then effective prospectus and statement of additional information and any such printed supplemental information will be supplied by the Fund or the Company Trust to FDDI Underwriter in reasonable quantities upon request. (g) FDDI shall only be authorized to make representations in respect of the Fund consistent with the then current Prospectus, Statement of Additional Information, and other written information provided by the Fund or its agents to be used explicitly with respect to the sale of Shares.

Rules of NASD, etc. (a) FDDI will conform to the Conduct Rules of the NASD and the securities laws of any jurisdiction in which it directly or indirectly sells any Shares. (b) FDDI will require each dealer with whom FDDI has a selling agreement to conform to the applicable provisions of the Prospectus, with respect to the public offering price of the Shares, and FDDI shall not cause the Fund to withhold the placing of purchase orders so as to make a profit thereby. (c) The Fund and the Company agree to furnish FDDI sufficient copies of any and all: agreements, plans, communications with the public or other materials which the Fund or the Company intend to use in connection with any sales of Shares, in adequate time for FDDI to file and clear such materials with the proper authorities before they are put in use. FDDI and the Fund or the Company may agree that any such material does not need to be filed subsequent to distribution. In addition, the Fund and the Company agree not to use any such materials until so filed and cleared for use, if required, by appropriate authorities as well as by FDDI. (d) FDDI, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable state or federal laws required in order that the Shares may be sold in such states as may be mutually agreed upon by the Parties. (e) FDDI shall remain registered with the SEC and a member of the NASD for the term of this Agreement. (f) FDDI shall not, in connection with any sale or solicitation of a sale of the Shares, make or authorize any representative, service organization, broker or dealer to make any representations concerning the Shares, except those contained in the Prospectus offering the Shares and in communications with the public or sales materials approved by FDDI as information supplemental to such Prospectus. Copies of the Prospectus will be supplied by the Fund or the Company to FDDI in reasonable quantities upon request. (g) FDDI shall only be authorized to make representations in respect of the Fund consistent with the then current Prospectus, Statement of Additional Information, and other written information provided by the Fund or its agents to be used explicitly with respect to the sale of Shares.

Rules of NASD, etc. (a) FDDI Underwriter will conform to the Conduct Rules of the NASD and the securities laws of any jurisdiction in which it sells, directly or indirectly sells indirectly, any Shares. (b) FDDI Underwriter will require each dealer with whom FDDI Underwriter has a selling dealer agreement to conform to the applicable provisions of hereof and the Prospectus, Registration Statement with respect to the public offering price of the Shares, and FDDI neither Underwriter nor any such dealers shall not withhold the placing of purchase orders so as to make a profit thereby. (c) The Fund and the Company agree Underwriter agrees to furnish FDDI to the Trust sufficient copies of any and all: agreements, plans, communications with the public plans or other materials which the Fund or the Company intend it intends to use in connection with any sales of Shares, Shares in adequate time for FDDI the Trust to file and clear such materials them with the proper authorities before they are put in use. FDDI , and the Fund or the Company may agree that any such material does not need to be filed subsequent to distribution. In addition, the Fund and the Company agree not to use any such materials them until so filed and cleared for use, if required, by appropriate authorities as well as by FDDIcleared. (d) FDDIUnderwriter, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable state State or federal laws required in order that the Shares may be sold in such states States as may be mutually agreed upon by the Partiesparties. (e) FDDI Underwriter shall remain registered with the SEC and a member of the NASD for the term of this Agreement. (f) FDDI shall notnot make, or permit any representative, broker or dealer to make, in connection with any sale or solicitation of a sale of the Shares, make or authorize any representative, service organization, broker or dealer to make any representations concerning the Shares, Shares except those contained in the Prospectus offering then current prospectus and statement of additional information covering the Shares and in communications with the public or sales materials printed information approved by FDDI the Trust as information supplemental to such Prospectusprospectus and statement of additional information. Copies of the Prospectus then effective prospectus and statement of additional information and any such printed supplemental information will be supplied by the Fund or the Company Trust to FDDI Underwriter in reasonable quantities upon request. (gf) FDDI Underwriter shall only be authorized to make representations in respect of the Fund consistent file Trust advertisements, sales literature and other marketing and sales related materials with the then current Prospectus, Statement of Additional Information, appropriate regulatory agencies and other written information provided shall obtain such approvals for their use as may be required by the Fund or its agents to be used explicitly with respect Securities and Exchange Commission, the NASD and/or state securities administrators. Underwriter shall not disseminate to the sale of Sharespublic any such materials without prior approval by the Trust.

Rules of NASD, etc. (a) FDDI will conform to the Conduct Rules of the NASD and the securities laws of any jurisdiction in which it directly or indirectly sells any Shares. (b) FDDI will require each dealer with whom FDDI has a selling agreement to conform to the applicable provisions of the Prospectus, with respect to the public offering price of the Shares, and FDDI shall not cause the Fund to withhold the placing of purchase orders so as to make a profit thereby. (c) The Fund and the Company agree to furnish FDDI sufficient copies of any and all: agreements, plans, communications with the public or other materials which the Fund or the Company intend to use in connection with any sales of Shares, in adequate time for FDDI to file and clear such materials with the proper authorities before they are put in use. FDDI and the Fund or the Company may agree that any such material does not need to be filed subsequent to distribution. In addition, the Fund and the Company agree not to use any such materials until so filed and cleared for use, if required, by appropriate authorities as well as by FDDI. (d) FDDI, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable state or federal laws required in order that the Shares may be sold in such states as may be mutually agreed upon by the Parties. (e) FDDI shall remain registered with the SEC and a member of the NASD for the term of this Agreement. (f) FDDI shall not, in connection with any sale or solicitation of a sale of the Shares, make or authorize any representative, service organization, broker or dealer to make any representations concerning the Shares, except those contained in the Prospectus offering the Shares and in communications with the public or sales materials approved by FDDI as information supplemental to such Prospectus. Copies of the Prospectus will be supplied by the Fund or the Company to FDDI in reasonable quantities upon request. (g) FDDI shall only be authorized to make representations in respect of the Fund consistent with the then current Prospectus, Statement of Additional Information, and other written information provided by the Fund or its agents to be used explicitly with respect to the sale of Shares.. 3

Rules of NASD, etc. (a) FDDI The Distributor will conform to the Conduct Rules of the NASD and the securities laws of any jurisdiction in which it sells, directly or indirectly sells indirectly, any Shares. (b) FDDI The Distributor will require each dealer with whom FDDI the Distributor has a selling dealer agreement to conform to the applicable provisions of hereof and the Prospectus, Registration Statement with respect to the public offering price of the Shares, and FDDI neither the Distributor nor any such dealers shall not withhold the placing of purchase orders so as to make a profit thereby. (c) The Fund and the Company agree agrees to furnish FDDI to the Distributor sufficient copies of any and all: agreements, plans, communications with the public plans or other materials which the Fund or the Company intend it intends to use in connection with any sales of Shares, Shares in reasonably adequate time for FDDI the Distributor, on behalf of the Fund, to file and clear such materials them with the proper authorities before they are put in use. FDDI , and the Fund or the Company may agree that any such material does not need to be filed subsequent to distribution. In addition, the Fund and the Company agree not to use any such materials them until so filed and cleared for use, if required, by appropriate authorities as well as by FDDIcleared. (d) FDDIThe Distributor, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable state or federal laws required in order that the Shares may be sold in such states States as may be mutually agreed upon by the Parties. (e) FDDI parties. The Distributor shall remain registered with the SEC and a member of the NASD for the term of this Agreement. (f) FDDI shall notnot make, or permit any representative, broker or dealer to make, in connection with any sale or solicitation of a sale of the Shares, make or authorize any representative, service organization, broker or dealer to make any representations concerning the Shares, Shares except those contained in the Prospectus offering then current prospectus and statement of additional information covering the Shares and in communications with the public or sales materials printed information approved by FDDI the Fund as information supplemental to such Prospectusprospectus and statement of additional information. Copies of the Prospectus then effective prospectus and statement of additional information and any such printed supplemental information will be supplied by the Fund or to the Company to FDDI Distributor in reasonable quantities upon request. (ge) FDDI shall only be authorized The Distributor has adopted an anti-money laundering compliance program (“AML Program”) that satisfies the requirements of all applicable laws and regulations; (ii) undertakes to make representations in respect carry out its AML Program to the best of its ability; (iii) will promptly notify the Fund consistent with Trust and the then current Prospectus, Statement of Additional Information, and other written information provided Adviser if an inspection by the Fund or appropriate regulatory authorities of its agents to be used explicitly with respect to the sale AML Program identifies any material deficiency; and (iv) will promptly remedy any material deficiency of Shareswhich it learns.

Rules of NASD, etc. (a) FDDI FPBS will conform to the Conduct Rules of Fair Practice of the NASD and the securities laws of any jurisdiction in which it sells, directly or indirectly sells indirectly, any Shares. (b) FDDI FPBS will require each dealer with whom FDDI FPBS has a selling agreement to conform to the applicable provisions of the Prospectus, with respect to the public offering price of the Shares, and FDDI FPBS shall not cause the Trust to withhold the placing of purchase orders so as to make a profit thereby. (c) The Fund and the Company agree Trust agrees to furnish FDDI to FPBS sufficient copies of any and all: agreements, plans, communications with the public plans or other materials which the Fund or the Company intend it intends to use in connection with any sales of Shares, Shares in adequate time for FDDI FPBS to file and clear such materials them with the proper authorities before they are put in use. FDDI , and the Fund or the Company may agree that any such material does not need to be filed subsequent to distribution. In addition, the Fund and the Company agree not to use any such materials them until so filed and cleared for use, if required, by appropriate authorities as well as by FDDIcleared. (d) FDDIFPBS, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable state or federal laws required in order that the Shares may be sold in such states as may be mutually agreed upon by the Partiesparties. (e) FDDI FPBS shall remain registered with the SEC and a member of the NASD for the term of this Agreement. (f) FDDI shall notnot make, or authorize any representative, Service Organization, broker or dealer to make, in connection with any sale or solicitation of a sale of the Shares, make or authorize any representative, service organization, broker or dealer to make any representations concerning the Shares, Shares except those contained in the Prospectus offering covering the Shares and in communications with the public or sales materials approved by FDDI FPBS and the Trust as information supplemental to such Prospectus. Copies of the Prospectus will be supplied by the Fund or the Company Trust to FDDI FPBS in reasonable quantities upon request. (gf) FDDI FPBS shall only be authorized not act as a conduit by paying any asset based sales charge to make representations any member in respect excess of the Fund consistent with the then current Prospectus, Statement of Additional Information, and other written information provided by the Fund or its agents to be used explicitly with respect to the sale of SharesNASD Rules (currently 0.75%).

Rules of NASD, etc. (a) FDDI will conform to the tot he Conduct Rules of the NASD and the securities laws of any jurisdiction in which it directly or indirectly sells any Shares. (b) FDDI will require each dealer with whom FDDI has a selling agreement to conform to the applicable provisions of the Prospectus, with respect to the public offering price of the Shares, and FDDI shall not withhold the placing of purchase orders so as to make a profit thereby. (c) The Fund and the Company agree to furnish FDDI sufficient copies of any and all: agreements, plans, communications with the public or other materials which the Fund or the Company intend to use in connection with any sales of Shares, in adequate time for FDDI to file and clear such materials with the proper authorities before they are put in use. FDDI and the Fund or the Company may agree that any such material does not need to be filed subsequent to distribution. In addition, the Fund and the Company agree not to use any such materials until so filed and cleared for use, if required, by appropriate authorities as well as by FDDI. (d) FDDI, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable state or federal laws required in order that the Shares may be sold in such states as may be mutually agreed upon by the Parties. (e) FDDI shall remain registered with the SEC and a member of the NASD for the term of this Agreement. (f) FDDI shall not, in connection with any sale or solicitation of a sale of the Shares, make or authorize any representative, service organization, broker or dealer to make any representations concerning the Shares, except those contained in the Prospectus offering the Shares and in communications with the public or sales materials approved by FDDI as information supplemental to such Prospectus. Copies of the Prospectus will be supplied by the Fund or the Company to FDDI in reasonable quantities upon request. (g) FDDI shall only be authorized to make representations in respect of the Fund consistent with the then current Prospectus, Statement of Additional Information, and other written information provided by the Fund or its agents to be used explicitly with respect to the sale of Shares.