Sample Investment Management Agreement Page 5
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21Client Name
Date
Page 5
9.
INDEMNITY
9.1
The Client will hold harmless and indemnify the Manager, its directors, officers, employees
and agents against any and all claims, losses, damages, liabilities and expenses which the
Manager may incur if and to the extent that such loss is caused by the Client’s or the
Client’s designees’ own actions or omissions or by any inaccuracy or breach by the Client of
any of the Client’s representations or warranties hereunder.
10.
STATEMENTS
10.1
The Manager will provide to the Client [, and/or to such other person(s) as directed by the
Client in writing,] portfolio statements which shall include the date of the transaction, the
type of transaction (i.e. purchase, sale or transfer), the name and quantity of the security
purchased or sold, the price per security paid or received and the total value of the
transaction [and which shall/may include adjusted cost base, personal rate of return etc. or
a sample of which is attached hereto] for the periods ending March 31, June 30, September
30 and December 31 of each year. [The Manager will also provide all reporting required
for the preparation of income tax returns on a timely basis to the Client [and/or to such
other person(s) as directed by the Client in writing].
Note: Section 14.4 of NI 31-103 prescribes the content of a portfolio statement.
11.
LEVERAGE
11.1
The Manager recommends that the Client borrow money from a financial institution to
make contributions to the Account and the Client has or intends to borrow money to make
such contributions to the Account. Accordingly, the Client acknowledges that:
(a)
using borrowed money to finance the purchase of securities, including units of the
Pooled Funds, or to make contributions to the Account, involves greater risk than a
purchase or a contribution using cash resources only; and
the Client’s responsibility to repay the loan and pay interest as required by the terms
(b)
of that loan remains the same even if the value of the securities purchased, or the
Account, declines.
Note: See section 13.13 of NI 31-103. This section must be included if the Manager is
recommending that the Client borrow to make investments. Alternatively, this information
could be provided as part of the “relationship disclosure” referred to in section 12.3 of
this Agreement.
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