Each Fund hereby acknowledges and understands that the foregoing categories of information that may involve the use of material assumptions are merely illustrative examples of certain subject matter areas in relation to which the Funds (and/or State Street on its behalf in connection with the Services) may rely on various material assumptions, and are by no means an exhaustive list of all such subject matter areas. The Funds and State Street shall confirm the material assumptions used in connection with the completion of FormN-PORT and FormN-CEN and the provisions of the Services.
3. Each Fund acknowledges and agrees on the following matters:
(A) It has independently reviewed the Services (including, without limitation, the assumptions, market data, securities prices, securities valuations, tests and calculations used in the Services), and the Fund has determined that the Services are suitable for its purposes. Except as otherwise provided in the Agreement, none of State Street or its Affiliates, nor their respective officers, directors, employees, representatives, agents or service providers (collectively, including State Street, “State Street Parties”) make any express or implied warranties or representations with respect to the Services.
(B) It assumes full responsibility for complying with all securities, tax, commodities and other laws, rules and regulations applicable to it. State Street is not providing, and the Services do not constitute, legal, tax, investment, or regulatory advice, or accounting or auditing services advice. Unless otherwise agreed to in writing by the parties to this Agreement, the Services are of general application and State Street is not providing any customization, guidance, or recommendations. Where the Fund uses Services to comply with any law, regulation, agreement, or other Fund obligation, State Street makes no representation that any Service complies with such law, regulation, agreement, or other obligation, and State Street has no obligation of compliance with respect thereto.
(C) It may use the (i) Services and (ii) work product (defined below) generated by State Street in connection with the Services(“N-PORT Work Product”), in each case, as follows: (a) for the internal business purpose of the Fund relating to the applicable Service (which, for the avoidance of doubt, shall not include any purpose prohibited in the following paragraph) or (b) for submission to the U.S. Securities and Exchange Commission, as required, of a FormN-PORT filing and a FormN-CEN update, including any Portfolio of Investments, if applicable. The Fund may also redistribute theN-PORT Work Product, or an excerpted portion thereof, to its investment managers, investment advisers, agents, clients, investors or participants, as applicable, that have a reasonable interest in theN-PORT Work Product in connection with their relationship with the Fund (each a “Permitted Person”); provided, however, the Fund may not charge a fee, profit, or otherwise benefit from the redistribution of theN-PORT Work Product No Permitted Person shall have any further rights of use or redistribution with respect to, or any ownership rights in, theN-PORT Work Product or any excerpted portion thereof. For the avoidance of doubt,N-PORT Work Product does not include (i) Fund confidential information that constitutes raw data of the Fund provided by or on behalf of the Fund and used by State Street to perform the Services, (ii) theas-filed versions of the Fund’s FormN-PORT, FormN-CEN
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