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The basis of all valuations will be as stated in the first such statement or as otherwise notified to IPCRe from time to time. AIG Investments Europe will not provide information about executed transactions on a transaction-by-transaction basis. Material Impacts and Conflicts. In particular, such potential conflicting interests or duties may arise because:. AIG Investments Europe or an Affiliated Company undertakes investment management activities for another investor or investors with interests in such investments.

AIG Investments Europe has procedures in place with a view to ensuring that no single investor is favoured over another when determining which investors enter into a particular transaction;. AIG Investments Europe maintains a policy that whether or not an Affiliated Company receives a commission or fee is not taken into account when determining whether to make an investment;.

AIG Investments Europe may from time to time temporarily invest cash balances in the Portfolio in any money market or liquidity In House Fund including with respect to any portion of the Portfolio custodied in the United States or invested in U. IPCRe acknowledges that investment in any commingled vehicles advised by a third-party manager will be subject to the standard fees and charges of such vehicles in addition to the management fee payable to AIG Investments Europe under this Agreement, unless otherwise agreed between the parties.

AIG Investments Europe has instituted procedures, designed to ensure independence in the exercise of its investment discretion and provision of advice for or to clients. AIG Investments Europe shall not be obliged to disclose any information which it is prohibited from disclosing or which in its reasonable opinion would be inappropriate to disclose given its legal and regulatory obligations. To the extent that any fiduciary or equitable duties arise as a result of the services to be provided hereunder such duties shall not prevent or hinder the AIG Investments Europe, or any Affiliated Company, in effecting transactions with or for IPCRe.

Fees and Expenses. Details of such fees will be provided to IPCRe upon request. Acknowledgments and Consents. AIG Investments Europe and its Affiliate Companies may disclose the identity of IPCRe as part of any representative list of clients and in the course of performing its duties as investment manager. IPCRe has been notified of and agreed that it will be treated as a Professional Client unless parties to this Agreement agree otherwise.

AIG Investments Europe acts as adviser to other clients and may give advice, and take action, with respect to any of those which may differ from the advice given, or the time or nature of action taken, with respect to the Portfolio. Affiliated Companies of AIG Investments Europe and officers, directors and employees of AIG Investments Europe and such Affiliated Companies of AIG Investments Europe may engage in transactions, or cause or advise other customers to engage in transactions, which may differ from or be identical to transactions engaged in by AIG Investments Europe for the Portfolio or recommend any transaction which any of such Affiliated Companies or any of the officers, directors or employees of AIG Investments Europe or such Affiliated Companies may engage in for their own accounts or the account of any other customer.

To the extent permitted by law, AIG Investments Europe shall be permitted to bunch or aggregate orders for the Portfolio with orders for other accounts without prior reference to IPCRe or other customers. AIG Investments Europe will do so only where it is likely that the aggregation will not work to the disadvantage of each of the customers concerned.

AIG Investments Europe shall use its diligent efforts to allocate or rotate investment opportunities where there is a limited supply of a Security. To the extent that AIG Investments Europe receives any confidential information in relation to IPCRe by reason of its investment management activities it will not be free to divulge or act upon such confidential information.

Each party shall promptly notify the other of any facts or circumstances or any change therein that may, directly or indirectly, affect the status or management of the Portfolio by AIG Investments Europe, including, without limitation, any change in the status of any of the representations or warranties provided in Sections 4 and 5 hereof.

IPCRe consents to such communications. Execution of Transactions. Specific instructions from IPCRe in relation to the execution of orders may prevent AIG Investments Europe from following its Execution Policy in relation to such orders in respect of the elements of execution covered by the instructions.

AIG Investments Europe may subject to its Execution Policy deal on such markets, exchanges, multilateral trading facilities and otherwise and with such counterparties as it sees fit. IPCRe hereby authorizes AIG Investments Europe to direct its Affiliated Companies to effect Securities transactions for the Portfolio, including over an exchange, and such Affiliated Companies may retain compensation in connection with effecting Securities transactions for the Portfolio.

IPCRe understands that in connection with any such agency cross transaction, such Affiliated Company will receive commissions from both parties to the transaction and that such Affiliated Companies may have a potentially conflicting division of loyalties and responsibilities regarding the parties to the transaction. AIG Investments Europe is subject at all times to its duty to seek best execution.

AIG Investments Europe shall not be responsible for the solvency of or the performance of the obligations of any third party bank, clearing organization, broker, intermediary, nominee or agent appointed or employed by AIG Investments Europe in good faith for the performance of its duties but AIG Investments Europe shall give such assistance as IPCRe may reasonably require to exercise such rights as AIG Investments Europe may have against such person in its capacity as an agent for IPCRe in the event of the insolvency of any of the above or the failure of the same to properly perform such obligations.

Any liability which AIG Investments Europe has arising out of or in connection with its services and activities, whether such liability arises under any express or implied term of this Agreement, in tort including without limitation negligence , for misrepresentation, for breach of any duty imposed by law, or in any other way shall be limited as follows:.

AIG Investments Europe shall not incur any liability save to the extent that such liability results from its negligence or wilful default or fraud;. AIG Investments Europe shall not incur any liability for any indirect, special or consequential loss of any kind even if AIG Investments Europe knows of the possibility of such losses or damages and regardless of the type of action in which any claim may be brought ;.

AIG Investments Europe shall not incur any liability for any loss of profits, goodwill, business or anticipated savings in either case, either direct or indirect , which may be incurred, even if AIG Investments Europe knows of the possibility of such losses or damages.

IPCRe acknowledges and agrees that AIG Investments Europe alone, and not any Associated Person, is responsible for its activities and the provision of its services under this Agreement and IPCRe agrees that it will not bring any claim or take any action against any Associated Person in respect of any acts, omissions or events in connection with this Agreement and waives any rights that it may have to do so except where such a claim may not be excluded by law.

No warranty is given by AIG Investments Europe as to the performance or profitability of the Portfolio or any part of it. AIG Investments Europe shall be fully protected in acting and relying upon any Instruction, written advice, certificate, notice, instruction, request for other paper or document which AIG Investments Europe in good faith believes to be genuine and to have been signed or presented by an Authorized Person or other proper party or parties, and may assume that any person purporting to give such advice or other paper or document has been duly authorized to do so unless contrary Instructions have been delivered to AIG Investments Europe by IPCRe.

Noting in this Agreement shall be construed as seeking to exclude or restrict:. Term and Termination of Agreement. The termination of the authority granted by this Agreement shall not in any way affect any liability resulting from a transaction initiated prior to the Termination Date.

The Management Fee will be prorated to the Termination Date. This Agreement shall terminate immediately upon AIG Investments Europe ceasing to be authorized under the Financial Services and Markets Act to manage investments or upon the liquidation or appointment of a receiver or administrator of AIG Investments Europe other than for the purposes of reconstruction previously approved in writing by IPCRe. Termination will not in any event affect accrued rights or existing commitments, or contractual provisions intended to survive termination, and will be without penalty or other additional payment, save as provided in paragraph Sections 3.

Governing Law; Submission to Jurisdiction. This Agreement shall be governed and construed in accordance with the laws of England and Wales. The parties submit to be exclusive jurisdiction of the Court of England and Wales to settle any disputes or claims that arise out of or in connection with the Agreement. This material is a general communication, which is not impartial and has been prepared solely for informational and educational purposes and does not constitute an offer or a recommendation to buy or sell any particular security or to adopt any specific investment strategy.

The information herein has not been based on a consideration of any individual investor circumstances and is not investment advice, nor should it be construed in any way as tax, accounting, legal or regulatory advice. To that end, investors should seek independent legal and financial advice, including advice as to tax consequences, before making any investment decision. Except as otherwise indicated herein, the views and opinions expressed herein are those of the portfolio management team, are based on matters as they exist as of the date of preparation and not as of any future date, and will not be updated or otherwise revised to reflect information that subsequently becomes available or circumstances existing, or changes occurring, after the date hereof.

Information regarding expected market returns and market outlooks is based on the research, analysis and opinions of the authors. These conclusions are speculative in nature, may not come to pass and are not intended to predict the future performance of any specific Morgan Stanley Investment Management product. MSIM has not authorised financial intermediaries to use and to distribute this document, unless such use and distribution is made in accordance with applicable law and regulation.

MSIM shall not be liable for, and accepts no liability for, the use or misuse of this document by any such financial intermediary. All information contained herein is proprietary and is protected under copyright law. Before accessing the site, please choose from the following options. I Agree I Disagree. Toggle navigation. View All Insights. Ideas across disciplines uncover novel insights for sharper decision-making. Learn More. Our monthly Global Equity Observer shares our thoughts on world events as seen through the lens of our high quality investment process.

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