Common use of SELF-DEALING Clause in Contracts

SELF-DEALING. 5.2.1 The Trustee's services with respect to the PRT are not exclusive and, subject to the limitations otherwise provided in this Agreement on the power and authorities of the Trustee, the Trustee may from time to time in its discretion appoint, employ, invest in, contract or deal with any individual, firm, partnership, association, trust or body corporate, including without limitation, itself and any of its Affiliates whether on its own account or for the account of another (in a fiduciary capacity or otherwise), without being liable to account therefor and such actions in and of themselves shall not result in breach of this Agreement, provided always that the Trustee shall comply with the terms of this Agreement, including without limitation sections 2.2 and 2.5. 5.2.2 Without limiting the generality of and subject to the foregoing, the Trustee may act hereunder notwithstanding that the Trustee or any of its divisions, branches or Affiliates may: (a) have a material interest in the transaction or that circumstances are such that the Trustee may have a potential conflict of duty or interest including the fact that the Trustee or any of its Affiliates may: (i) purchase, hold, sell, invest in or otherwise deal with Property of the same class and nature as may be held in the Trust Fund, whether on its own account or for the account of another (in a fiduciary capacity or otherwise); (ii) act as a market maker for any Property that forms part of the Trust Fund; (iii) act as financial advisor to the issuer of any Property that forms part of the Trust Fund; (iv) provide brokerage services to other clients; (v) act as agent for more than one (1) client with respect to the same transaction; (vi) have a material interest in the issue of any Property that forms part of the Trust Fund; (vii) use in other capacities, knowledge, procedures, systems, processes or other expertise gained in its capacity as Trustee hereunder, subject to the provisions of section 15.6 hereof; provided that such use is not detrimental to the best interests of the Beneficiaries of the Trust Fund; and (viii) invest the assets of the Trust Fund in the securities or other assets of any of its Affiliates; and (b) earn profits from any of the activities listed herein; without being liable to account therefor and without being in breach of this Agreement.

SELF-DEALING. 5.2.1 The Trustee's Custodian’s services with respect to the PRT Client are not exclusive and, subject to the limitations otherwise provided in this Agreement on the power and authorities of the TrusteeCustodian, the Trustee Custodian may for any purpose, and is hereby expressly authorized from time to time in its discretion to, appoint, employ, invest in, contract or deal with any individual, firm, partnership, association, trust or body corporate, including without limitation, itself and any of its Affiliates partnership, trust or body corporate with which it may directly or indirectly be affiliated or in which it may be directly or indirectly interested, whether on its own account or for the account of another (in a fiduciary capacity or otherwise), without being liable to account therefor and such actions in and of themselves shall not result without being in breach of this Agreement, provided always that the Trustee shall comply with the terms of this Agreement, including without limitation sections 2.2 and 2.5. 5.2.2 . Without limiting the generality of and subject to the foregoing, the Trustee may Client hereby authorizes the Custodian to act hereunder notwithstanding that the Trustee Custodian or any of its divisions, branches or Affiliates may: (a) have a material interest in the transaction or that circumstances are such that the Trustee Custodian may have a potential conflict of duty or interest including the fact that the Trustee Custodian or any of its Affiliates may: (i) purchase, hold, sell, invest in or otherwise deal with Property securities or other property of the same class and nature as may be held in the Trust a Fund, whether on its own account or for the account of another (in a fiduciary capacity or otherwise); (ii) act as a market maker for any Property in the securities that forms form part of the Trust FundProperty to which Directions relate; (iii) act as financial advisor to the issuer of any Property that forms part of the Trust Fund; (iv) provide brokerage services to other clients; (iv) act as financial adviser to the issuer of such securities; (v) act in the same transaction as agent Agent for more than one (1) client with respect to the same transactionclient; (vi) have a material interest in the issue of any Property securities that forms form part of the Trust FundProperty; (vii) use in other capacities, knowledge, procedures, systems, processes or other expertise capacities knowledge gained in its capacity as Trustee custodian hereunder, subject to the provisions of section 15.6 hereof; provided that such use is not detrimental to the best interests of the Beneficiaries of the Trust Fund; and (viii) invest the assets of the Trust Fund in the securities or other assets of any of its Affiliates; and (b) earn profits from any of the activities listed herein; , without being liable to account therefor and without being in breach of this Agreement.

SELF-DEALING. 5.2.1 The Trustee's services with respect to the PRT are not exclusive and, subject to the limitations otherwise provided in this Agreement on the power and authorities of the Trustee, the Trustee may from time to time in its discretion appoint, employ, invest in, contract or deal with any individual, firm, partnership, association, trust or body corporate, including without limitation, itself and any of its Affiliates whether on its own account or for the account of another (in a fiduciary capacity or otherwise), without being liable to account therefor and such actions in and of themselves shall not result in breach of this Agreement, provided always that the Trustee shall comply with the terms of this Agreement, including without limitation sections 2.2 and 2.52.4. 5.2.2 Without limiting the generality of and subject to the foregoing, the Trustee may act hereunder notwithstanding that the Trustee or any of its divisions, branches or Affiliates may: (a) have a material interest in the transaction or that circumstances are such that the Trustee may have a potential conflict of duty or interest including the fact that the Trustee or any of its Affiliates may: (i) purchase, hold, sell, invest in or otherwise deal with Property of the same class and nature as may be held in the Trust Fund, whether on its own account or for the account of another (in a fiduciary capacity or otherwise); (ii) act as a market maker for any Property that forms part of the Trust Fund; (iii) act as financial advisor to the issuer of any Property that forms part of the Trust Fund; (iv) provide brokerage services to other clients; (v) act as agent for more than one (1) client with respect to the same transaction; (vi) have a material interest in the issue of any Property that forms part of the Trust Fund; (vii) use in other capacities, knowledge, procedures, systems, processes or other expertise gained in its capacity as Trustee hereunder, subject to the provisions of section 15.6 hereof; provided that such use is not detrimental to the best interests of the Beneficiaries of the Trust Fund; and (viii) invest the assets of the Trust Fund in the securities or other assets of any of its Affiliates; and (b) earn profits from any of the activities listed herein; and without being liable to account therefor and without being in breach of this Agreement.

SELF-DEALING. 5.2.1 (a) The Trustee's services with respect Valuation Agent’s Services to the PRT Manager and to the Trust are not exclusive and, subject to the limitations otherwise provided in this Agreement on the power and authorities of the TrusteeValuation Agent, the Trustee Valuation Agent may for any purpose, and is hereby expressly authorized from time to time in its discretion to, appoint, employ, invest in, contract or deal with any individual, firm, partnership, association, trust or body corporatecorporate including, including without limitation, itself and any of its Affiliates partnership, trust or body corporate with which it may directly or indirectly be affiliated or in which it may be directly or indirectly interested, whether on its own account or for the account of another (in a fiduciary capacity or otherwise), without being liable to account therefor and such actions in and of themselves shall not result without being in breach of this Agreement, provided always that the Trustee shall comply with the terms of this Agreement, including without limitation sections 2.2 and 2.5. 5.2.2 (b) Without limiting the generality of and subject to the foregoing, the Trustee may Manager hereby authorizes the Valuation Agent to act hereunder notwithstanding that the Trustee Valuation Agent or any of its divisions, branches or Affiliates may: (ai) have a material interest in the transaction or that circumstances are such that the Trustee Valuation Agent may have a potential conflict of duty or interest including the fact that the Trustee Valuation Agent or any of its Affiliates may: (iA) purchase, hold, sell, invest in or otherwise deal with Property securities or other property or assets of the same class and nature as may be held in the Trust FundTrust, whether on its own account or for the account of another (in a fiduciary capacity or otherwise); (iiB) act as a market maker for any Property in the securities that forms form part of the Trust FundProperty to which any Directions relate; (iii) act as financial advisor to the issuer of any Property that forms part of the Trust Fund; (ivC) provide brokerage services to other clients; (vD) act as financial adviser to the issuer of such securities; (E) act in the same transaction as agent for more than one (1) client with respect to the same transactionclient; (viF) have a material interest in the issue of any Property securities that forms form part of the Trust FundProperty; (viiG) use in other capacities, knowledge, procedures, systems, processes or other expertise capacities knowledge gained in its capacity as Trustee a provider of Services hereunder, subject to the provisions of section 15.6 hereof; provided that such use is not detrimental to the best interests of the Beneficiaries of the Trust Fund; andor (viii) invest the assets of the Trust Fund in the securities or other assets of any of its Affiliates; and (bH) earn profits from any of the activities listed herein; , without being liable to account therefor and without being in breach of this AgreementAgreement provided that the Valuation Agent complies with Section 9.6 hereof.

SELF-DEALING. 5.2.1 The Trustee's Custodian’s services with respect to the PRT Client are not exclusive and, subject to the limitations otherwise provided in this Agreement on the power and authorities of the TrusteeCustodian, the Trustee Custodian may for any purpose, and is hereby expressly authorized from time to time in its discretion to, appoint, employ, invest in, contract or deal with any individual, firm, partnership, association, trust or body corporate, including without limitation, itself and any of its Affiliates partnership, trust or body corporate with which it may directly or indirectly be affiliated or in which it may be directly or indirectly interested, whether on its own account or for the account of another (in a fiduciary capacity or otherwise), without being liable to account therefor and such actions in and of themselves shall not result without being in breach of this Agreement, provided always that the Trustee shall comply with the terms of this Agreement, including without limitation sections 2.2 and 2.5. 5.2.2 . Without limiting the generality of and subject to the foregoing, the Trustee may Client hereby authorizes the Custodian to act hereunder notwithstanding that the Trustee Custodian or any of its divisions, branches or Affiliates may: (a) have a material interest in the transaction or that circumstances are such that the Trustee Custodian may have a potential conflict of duty or interest including the fact that the Trustee Custodian or any of its Affiliates may: (i) purchase, hold, sell, invest in or otherwise deal with Property securities or other property of the same class and nature as may be held in the Trust a Fund, whether on its own account or for the account of another (in a fiduciary capacity or otherwise); (ii) act as a market maker for any Property in the securities that forms form part of the Trust FundProperty to which Directions relate; (iii) act as financial advisor to the issuer of any Property that forms part of the Trust Fund; (iv) provide brokerage services to other clients; (iv) act as financial adviser to the issuer of such securities; (v) act in the same transaction as agent Agent for more than one (1) client with respect to the same transactionclient; (vi) have a material interest in the issue of any Property securities that forms form part of the Trust FundProperty; (vii) use in other capacities, knowledge, procedures, systems, processes or other expertise capacities knowledge gained in its capacity as Trustee custodian hereunder, subject to the provisions of section 15.6 hereof; provided that such use is not detrimental to the best interests of the Beneficiaries of the Trust Fund; and (viii) invest the assets of the Trust Fund in the securities or other assets of any of its Affiliates; and (b) earn profits from any of the activities listed herein; , without being liable to account therefor and without being in breach of this AgreementAgreement provided that the Custodian complies with Sections 8.1 and 4.1 hereof.

SELF-DEALING. 5.2.1 ‌ (a) The Trustee's ’s services with respect to the PRT Manager and a Fund are not exclusive and, subject to the limitations otherwise provided Trustee’s standard of care as set out in this Agreement on the power and authorities of the TrusteeSection 12.1, the Trustee may for any purpose, and is hereby expressly authorized from time to time in its discretion discretion, to appoint, employ, invest in, contract or deal with any individual, firm, partnership, association, trust or body corporate, including without limitation, itself and any of its Affiliates partnership, trust or body corporate with which it may directly or indirectly be affiliated or in which it may be directly or indirectly interested, whether on its own account or for the account of another (in a fiduciary capacity or otherwise), without being liable to account therefor and such actions in and of themselves shall not result without being in breach of this Trust Agreement, provided always that the Trustee shall comply with the terms of this Agreement, including without limitation sections 2.2 and 2.5. 5.2.2 (b) Without limiting the generality of and subject to the foregoing, the Trustee may act hereunder notwithstanding that the Trustee or any of its divisions, branches or Affiliates may: (a) have a material interest in the transaction or that circumstances are such that the Trustee may have a potential conflict of duty or interest including the fact that the Trustee or any of its Affiliates may: (i) purchase, hold, sell, invest in or otherwise deal with Property securities or other property of the same class and nature as may be held in by the Trust FundTrustee as Fund Property, whether on its for the Trustee’s own account or for the account of another (in a fiduciary capacity or otherwise); (ii) act as a market maker for any Property that forms part of the Trust Fund; (iii) act as financial advisor to the issuer of any Property that forms part of the Trust Fund; (iv) provide brokerage services to other clients; (v) act as agent for more than one (1) client with respect to the same transaction; (vi) have a material interest in the issue of any Property that forms part of the Trust Fund; (vii) use in other capacities, knowledge, procedures, systems, processes or other expertise capacities knowledge gained in its capacity as Trustee hereunder, subject to the provisions of section 15.6 hereof; provided that such use is does not detrimental to adversely affect the best interests of a Fund and provided further that the Beneficiaries Trustee may not make use of any specific confidential information relating to a Fund for its own benefit or advantage that, if generally known, might be expected to affect materially the Trust Fund; andvalue of Fund Property;‌ (viiiiii) invest the assets of the Trust Fund in the securities or other assets property of any of its Affiliates; and; (biv) earn profits from any of the activities listed herein; without being liable to account therefor and without being in breach of this Trust Agreement.

SELF-DEALING. 5.2.1 The Trustee's Custodian’s services with respect to the PRT Fund are not exclusive and, subject to the limitations otherwise provided in this Agreement on the power and authorities of the TrusteeCustodian, the Trustee Custodian may for any purpose, and is hereby expressly authorized from time to time in its discretion to, appoint, employ, invest in, contract or deal with any individual, firm, partnership, association, trust or body corporate, including without limitation, itself and any of its Affiliates partnership, trust or body corporate with which it may directly or indirectly be affiliated or in which it may be directly or indirectly interested, whether on its own account or for the account of another (in a fiduciary capacity or otherwise), without being liable to account therefor and such actions in and of themselves shall not result without being in breach of this Agreement, provided always that the Trustee shall comply with the terms of this Agreement, including without limitation sections 2.2 and 2.5. 5.2.2 . Without limiting the generality of and subject to the foregoing, the Trustee may Fund hereby authorizes the Custodian to act hereunder notwithstanding that the Trustee Custodian or any of its divisions, branches or Affiliates may: (a) have a material interest in the transaction or that circumstances are such that the Trustee Custodian may have a potential conflict of duty or interest including the fact that the Trustee Custodian or any of its Affiliates may: (i) purchase, hold, sell, invest in or otherwise deal with Property securities or other property of the same class and nature as may be held in the Trust Fund, whether on its own account or for the account of another (in a fiduciary capacity or otherwise); (ii) act as a market maker for any Property in the securities that forms form part of the Trust FundProperty to which Directions relate; (iii) act as financial advisor to the issuer of any Property that forms part of the Trust Fund; (iv) provide brokerage services to other clients; (iv) act as financial adviser to the issuer of such securities; (v) act in the same transaction as agent Agent for more than one (1) client with respect to the same transactionclient; (vi) have a material interest in the issue of any Property securities that forms form part of the Trust FundProperty; (vii) use in other capacities, knowledge, procedures, systems, processes or other expertise capacities knowledge gained in its capacity as Trustee hereunder, subject to the provisions of section 15.6 hereof; custodian hereunder provided that such use the Fund is not detrimental to the best interests of the Beneficiaries of the Trust Fund; and (viii) invest the assets of the Trust Fund in the securities or other assets of any of its Affiliatesmaterially adversely affected; and (b) earn profits from any of the activities listed herein; , without being liable to account therefor and without being in breach of this Agreement.

SELF-DEALING. 5.2.1 The Trustee's services with respect to the PRT are not exclusive and, subject to the limitations otherwise provided in this Agreement on the power and authorities of the Trustee, the Trustee may from time to time in its discretion appoint, employ, invest in, contract or deal with any individual, firm, partnership, association, trust or body corporate, including without limitation, itself and any of its Affiliates whether on its own account or for the account of another (in a fiduciary capacity or otherwise), without being liable to account therefor and such actions in and of themselves shall not result in breach of this Agreement, provided always that the Trustee shall comply with the terms of this Agreement, including without limitation sections 2.2 and 2.52.4. 5.2.2 Without limiting the generality of and subject to the foregoing, the Trustee may act hereunder notwithstanding that the Trustee or any of its divisions, branches or Affiliates may: (a) have a material interest in the transaction or that circumstances are such that the Trustee may have a potential conflict of duty or interest including the fact that the Trustee or any of its Affiliates may: (i) purchase, hold, sell, invest in or otherwise deal with Property of the same class and nature as may be held in the Trust Fund, whether on its own account or for the account of another (in a fiduciary capacity or otherwise); (ii) act as a market maker for any Property that forms part of the Trust Fund; (iii) act as financial advisor to the issuer of any Property that forms part of the Trust Fund; (iv) provide brokerage services to other clients; (v) act as agent for more than one (1) client with respect to the same transaction; (vi) have a material interest in the issue of any Property that forms part of the Trust Fund; (vii) use in other capacities, knowledge, procedures, systems, processes or other expertise gained in its capacity as Trustee hereunder, subject to the provisions of section 15.6 hereof; provided that such use is not detrimental to the best interests of the Beneficiaries of the Trust Fund; and (viii) invest the assets of the Trust Fund in the securities or other assets of of, or property offered for purchase as an investment by, any of its Affiliates; and (b) earn profits from any of the activities listed herein; and without being liable to account therefor and without being in breach of this Agreement.

SELF-DEALING. 5.2.1 The Trustee's Service Provider’s services with respect to the PRT Fund are not exclusive and, subject to the limitations otherwise provided in this Agreement on the power and authorities of the TrusteeService Provider, the Trustee Service Provider may for any purpose, and is hereby expressly authorized from time to time in its discretion to, appoint, employ, invest in, contract or deal with any individual, firm, partnership, association, trust or body corporate, including without limitation, itself and any of its Affiliates partnership, trust or body corporate with which it may directly or indirectly be affiliated or in which it may be directly or indirectly interested, whether on its own account or for the account of another (in a fiduciary capacity or otherwise), without being liable to account therefor and such actions in and of themselves shall not result without being in breach of this Agreement, provided always that the Trustee shall comply with the terms of this Agreement, including without limitation sections 2.2 and 2.5. 5.2.2 . Without limiting the generality of and subject to the foregoing, the Trustee may Fund hereby authorizes the Service Provider to act hereunder notwithstanding that the Trustee Service Provider or any of its divisions, branches or Affiliates affiliates may: (a) have a material interest in the transaction or that circumstances are such that the Trustee Service Provider may have a potential conflict of duty or interest including the fact that the Trustee Service Provider or any of its Affiliates affiliates may: (i) purchase, hold, sell, invest in or otherwise deal with Property securities or other property of the same class and nature as may be held in the Trust Fund, whether on its own account or for the account of another (in a fiduciary capacity or otherwise); (ii) act as a market maker for any Property in the securities that forms form part of the Trust FundFund Property to which Directions relate; (iii) act as financial advisor to the issuer of any Property that forms part of the Trust Fund; (iv) provide brokerage services to other clients; (iv) act as financial adviser to the issuer of such securities; (v) act in the same transaction as agent for more than one (1) client with respect to the same transactionclient; (vi) have a material interest in the issue of any Property securities that forms form part of the Trust FundFund Property; (vii) use in other capacities, knowledge, procedures, systems, processes or other expertise capacities knowledge gained in its capacity as Trustee hereunder, subject to the provisions a provider of section 15.6 hereof; Services hereunder provided that such use the Fund is not detrimental to the best interests of the Beneficiaries of the Trust Fund; and (viii) invest the assets of the Trust Fund in the securities materially or other assets of any of its Affiliatesadversely affected thereby; and (b) earn profits from any of the activities listed herein; , without being liable to account therefor and without being in breach of this Agreement.

SELF-DEALING. 5.2.1 The Trustee's services with respect to the PRT are not exclusive and, subject to the limitations otherwise provided in this Agreement on the power and authorities of the Trustee, the Trustee may from time to time in its discretion appoint, employ, invest in, contract or deal with any individual, firm, partnership, association, trust or body corporate, including without limitation, itself and any of its Affiliates whether on its own account or for the account of another (in a fiduciary capacity or otherwise), without being liable to account therefor and such actions in and of themselves shall not result in breach of this Agreement, provided always that the Trustee shall comply with the terms of this Agreement, including without limitation sections 2.2 and 2.5. 5.2.2 Without limiting the generality of and subject to the foregoing, the Trustee may act hereunder notwithstanding that the Trustee or any of its divisions, branches or Affiliates may: (a) have a material interest in the transaction or that circumstances are such that the Trustee may have a potential conflict of duty or interest including the fact that the Trustee or any of its Affiliates may: (i) purchase, hold, sell, invest in or otherwise deal with Property of the same class and nature as may be held in the Trust Fund, whether on its own account or for the account of another (in a fiduciary capacity or otherwise); (ii) act as a market maker for any Property that forms part of the Trust Fund; (iii) act as financial advisor to the issuer of any Property that forms part of the Trust Fund; (iv) provide brokerage services to other clients; (v) act as agent for more than one (1) client with respect to the same transaction; (vi) have a material interest in the issue of any Property that forms part of the Trust Fund; (vii) use in other capacities, knowledge, procedures, systems, processes or other expertise gained in its capacity as Trustee hereunder, subject to the provisions of section 15.6 hereof; provided that such use is not detrimental to the best interests of the Beneficiaries of the Trust Fund; and (viii) invest the assets of the Trust Fund in the securities or other assets of any of its Affiliates; and (b) earn profits from any of the activities listed herein; without being liable to account therefor and without being in breach of this Agreement.;