Investment Company Blanket Bond
In the name of Aberdeen Chile Fund Inc. and others
Willis Limited,
The Willis Building,
51 Lime Street,
London, EC3M 7DQ.
1
DECLARATIONS
INSURER
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CORRESPONDENT OFFICE
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BROKER
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AXIS Specialty Europe Plc
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AXIS Specialty London
Plantation Place South,
60 Great Tower Street,
London EC3R 5AZ.
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Willis Limited
The Willis Building,
51 Lime Street,
London, EC3M 7DQ.
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Item 1.
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Insured
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Bond Number
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Aberdeen Chile Fund, Inc
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B080120870P12
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Principal Address:
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1735 Market Street, 32
nd
Floor
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Philadelphia, PA 19103
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Item 2.
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Bond Period:
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From
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12.01 a.m. on 1st July, 2012
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To
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12.01 a.m. on 1st July, 2013
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or the earlier effective date of the termination of this
Bond
, standard time at the Principal Address as to each of said dates (hereinafter
Bond Period
).
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Item 3.
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Limit of Liability:
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Subject to Sections 9, 10 and 12 hereof:
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LIMIT OF
LIABILITY
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DEDUCTIBLE
AMOUNT
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Insuring Agreement A
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FIDELITY
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USD
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2,000,000
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N/A
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Insuring Agreement B
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AUDIT EXPENSE
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USD
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50,000
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USD
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10,000
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Insuring Agreement C
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ON PREMISES
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USD
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2,000,000
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USD
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50,000
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Insuring Agreement D
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IN TRANSIT
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USD
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2,000,000
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USD
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50,000
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Insuring Agreement E
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FORGERY OR ALTERATION
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USD
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2,000,000
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USD
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50,000
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Insuring Agreement F
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SECURITIES
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USD
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2,000,000
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USD
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50,000
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Insuring Agreement G
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COUNTERFEIT CURRENCY
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USD
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2,000,000
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USD
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50,000
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Insuring Agreement H
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UNCOLLECTIBLE ITEMS OF DEPOSIT
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USD
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25,000
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USD
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5,000
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Insuring Agreement I
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PHONE/ELECTRONIC TRANSACTIONS
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USD
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2,000,000
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USD
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50,000
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Insuring Agreement J
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COMPUTER SECURITY
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USD
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2,000,000
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USD
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50,000
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Insuring Agreement K
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VERIFICATION AND RECONSTITUTION EXPENSES
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USD
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250,000
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USD
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10,000
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Insuring Agreement L
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FRAUDULENT RETENTION OF FUNDS OR PROPERTY
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USD
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1,000,000
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USD
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50,000
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Item
4.
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Offices or Premises Covered:
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All the
Insureds
offices or other premises in existence at the time this
Bond
becomes effective are covered under this
Bond
, except the offices or other premises excluded by Rider. Offices or other premises acquired or established after the effective date of this
Bond
are covered subject to the terms of General Agreement A.
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Item 5.
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Riders attached hereto at inception:
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Riders Nos. 1-5 inclusive attached hereto.
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2
INVESTMENT COMPANY BLANKET BOND
NOTICE
The insurer identified on the Declarations, herein called the
Insurer
, in consideration of the payment of or promise to pay the premium, and in reliance upon the material statements made in the
Application
and all other information furnished to the
Insurer
by the
Insured
, and subject to and in accordance with the Declarations, General Agreements, Provisions, Conditions and Limitations and other terms of this bond (including all riders hereto) (hereinafter
Bond
), to the extent of the
Limit of Liability
and subject to the
Deductible Amount
, agrees to indemnify the
Insured
for the loss, as described in the Insuring Agreements, sustained by the
Insured
at any time but discovered during the
Bond Period
.
INSURING AGREEMENTS
A.
FIDELITY
Loss caused by any
Dishonest or Fraudulent Act
or
Theft
committed by an
Employee
anywhere, alone or in collusion with other persons (whether or not
Employees
), during the time such
Employee
has the status of an
Employee
as defined herein, and even if such loss is not discovered until after he or she ceases to be an
Employee
, EXCLUDING loss covered under Insuring Agreement B.
B.
AUDIT EXPENSE
Expense incurred by the
Insured
for that part of audits or examinations required by any governmental regulatory authority or
Self Regulatory Organization
to be conducted by such governmental regulatory authority or
Self Regulatory Organization
or by an independent accountant or other person, by reason of the discovery of loss sustained by the
Insured
and covered by this
Bond
.
C.
ON PREMISES
Loss resulting from the physical loss of, destruction of, damage to, or mysterious unexplainable disappearance of
Property
within any premises wherever located, howsoever or by whomsoever caused (including but not limited to loss of such
Property
through
Theft
or any
Dishonest or Fraudulent Act
) but EXCLUDING loss covered under Insuring Agreement A.
D.
IN TRANSIT
Loss resulting from the physical loss of, destruction of, damage to, or mysterious unexplainable disappearance of
Property
, howsoever or by whomsoever caused (including but not limited to loss of such
Property
through
Theft
or any
Dishonest or Fraudulent Act
) while such
Property
is in transit anywhere in the custody of any person or persons authorized by an
Insured
to act as messenger(s), except while in the mail or with a carrier for hire (other than a
Security Company
) but EXCLUDING loss covered under Insuring Agreement A.
Property
is in transit beginning immediately upon receipt of such
Property
by the transporting person or persons and ending immediately upon delivery at the specified destination.
3
E.
FORGERY OR ALTERATION
Loss caused by the
Forgery
or
Alteration
of or on (1) any bills of exchange, checks, drafts, or other written orders or directions to pay certain sums in money, acceptances, certificates of deposit, due bills, money orders, or letters of credit; or (2) other written instructions, requests or applications to the
Insured
or any
Financial Organisation
acting on behalf of the
Insured
, authorizing or acknowledging the transfer, payment, redemption, delivery or receipt of funds or
Property
, or giving notice of any bank account, which instructions or requests or applications purport to have been signed or endorsed by (a) any customer of the
Insured
, or (b) any shareholder of or subscriber to shares issued by any
Investment Company
, or (c) any
Financial Organisation
; or (3) withdrawal orders or receipts for the withdrawal of funds or
Property
, or receipts or certificates of deposit for funds or
Property
and bearing the name of the
Insured
as issuer or of another
Investment Company
for which the
Insured
acts as agent. This Insuring Agreement E does not cover loss caused by
Forgery
or
Alteration
of
Securities
or loss covered under Insuring Agreement A.
F.
SECURITIES
Loss resulting from the
Insured
, in good faith, in the ordinary course of business, and in any capacity whatsoever, whether for its own account or for the account of others, having acquired, accepted or received, or sold or delivered, or given any value, extended any credit or assumed any liability on the faith of any
Securities
, where such loss results from the fact that such
Securities
(1) were
Counterfeit
, or (2) were lost or stolen, or (3) contain a
Forgery
or
Alteration
, and notwithstanding whether or not the act of the
Insured
causing such loss violated the constitution, by-laws, rules or regulations of any
Self Regulatory Organization
, whether or not the
Insured
was a member thereof, EXCLUDING loss covered under Insuring Agreement A.
G.
COUNTERFEIT CURRENCY
Loss caused by the
Insured
in good faith having received or accepted (1) any money orders which prove to be
Counterfeit
or to contain an
Alteration
or (2) paper currencies or coins which prove to be
Counterfeit
. This Insuring Agreement G does not cover loss covered under Insuring Agreement A.
H.
UNCOLLECTIBLE ITEMS OF DEPOSIT
Loss resulting from the payment of dividends, issuance of
Fund
shares or redemptions or exchanges permitted from an account with the
Fund
as a consequence of
(1)
uncollectible
Items of Deposit
of a
Funds
customer, shareholder or subscriber credited by the
Insured
or its agent to such persons
Fund
account, or
(2)
any
Items of Deposit
processed through an automated clearing house which is reversed by a
Funds
customer, shareholder or subscriber and is deemed uncollectible by the
Insured
,
PROVIDED, that (a)
Items of Deposit
shall not be deemed uncollectible until the
Insureds
collection procedures have failed, (b) exchanges of shares between
Funds
with exchange privileges shall be covered hereunder only if all such
Funds
are
Insured
by the
Insurer
for uncollectible
Items of Deposit
, and (c) the
Insured
Fund
shall have implemented and maintained a policy to hold
Items of Deposit
for the minimum number of days stated in its
4
Application (as amended from time to time) before paying any dividend or permitting any withdrawal with respect to such
Items of Deposit
(other than exchanges between
Funds
). Regardless of the number of transactions between
Funds
in an exchange program, the minimum number of days an
Item of Deposit
must be held shall begin from the date the
Item of Deposit
was first credited to any
Insured
Fund
.
This Insuring Agreement H does not cover loss covered under Insuring Agreement A.
I.
PHONE/ELECTRONIC TRANSACTIONS
Loss caused by a
Phone/Electronic Transaction
, where the request for such
Phone/Electronic Transaction
:
(1)
is transmitted to the
Insured
or its agents by voice over the telephone or by
Electronic Transmission
; and
(2)
is made by an individual purporting to be a
Fund
shareholder or subscriber or an authorized agent of a
Fund
shareholder or subscriber; and
(3)
is unauthorized or fraudulent,
PROVIDED, that the entity receiving such request generally maintains and follows during the
Bond Period
all
Phone/Electronic Transaction Security Procedures
with respect to all
Phone/Electronic Transactions
; and
EXCLUDING loss resulting from:
(1)
the failure to pay for shares attempted to be purchased; or
(2)
any redemption of
Investment Company
shares which had been improperly credited to a shareholders account where such shareholder (a) did not cause, directly or indirectly, such shares to be credited to such account, and (b) directly or indirectly received any proceeds or other benefit from such redemption; or
(3)
any redemption of shares issued by an
Investment Company
where the proceeds of such redemption were requested to be paid or made payable to other than (a) the
Shareholder or Record
, or (b) any other person or bank account designated to receive redemption proceeds (i) in the initial account application, or (ii) in writing (not to include
Electronic Transmission
) accompanied by a signature guarantee; or
(4)
any redemption of shares issued by an
Investment Company
where the proceeds of such redemption were requested to be sent to other than any address for such account which was designated (a) in the initial account application, or (b) in writing (not to include
Electronic Transmission
), where such writing is received at least one (1) day prior to such redemption request, or (c) by voice over the telephone or by
Electronic Transmission
at least fifteen (15) days prior to such redemption; or
(5)
the intentional failure to adhere to one or more
Phone/Electronic Transaction Security Procedures
; or
(6)
a
Phone/Electronic Transaction
request transmitted by electronic mail or transmitted by any method not subject to the
Phone/Electronic Transaction Security Procedures
; or
5
(7)
the failure or circumvention of any physical or electronic protection device, including any firewall, that imposes restrictions on the flow of electronic traffic in or out of any
Computer System
.
This Insuring Agreement I does not cover loss covered under Insuring Agreement A, Fidelity or Insuring Agreement J, Computer Security.
J.
COMPUTER SECURITY
Loss (including loss of
Property
) resulting directly from
Computer Fraud
; provided that the
Insured
has adopted in writing and generally maintains and follows during the
Bond Period
all
Computer Security Procedures
. The isolated failure of the
Insured
to maintain and follow a particular
Computer Security Procedure
in a particular instance will not preclude coverage under this Insuring Agreement, subject to the specific exclusions applying solely to this Insuring Agreement herein and in the
Bond
.
K.
VERIFICATION AND RECONSTITUTION EXPENSES
Expense incurred by the
Insured
with the prior written approval by the
Insurer
(such approval not to be unreasonably withheld or unduly), for the verification or reconstitution or removal of data or programs within a
Covered Computer System
following a paid loss under Insuring Agreement J of this Policy.
L.
FRAUDULENT RETENTION OF FUNDS OR PROPERTY
Loss
resulting directly from the
Fraudulent Retention
by a third party recipient of any funds or
Property
, as a direct result of:
(1)
the misdirection or erroneous transfer of such funds or
Property
by the
Insured
or by a
Financial Organisation
acting upon instructions from the
Insured
, to a third party recipient account other than that actually intended; or
(2)
the transfer of such funds or
Property
by the
Insured
or by a
Financial Organisation
acting upon instructions from the
Insured
, to a third party recipient account in an amount greater than that actually intended.
Special Condition
The
Insured
shall make reasonable efforts to secure the recovery of such funds or
Property
.
6
GENERAL AGREEMENTS
A.
ADDITIONAL OFFICES OR EMPLOYEESCONSOLIDATION OR MERGERNOTICE
1.
Except as provided in paragraph 2 below, this
Bond
shall apply to any additional office(s) established by the
Insured
during the
Bond Period
and to all
Employees
during the
Bond Period
, without the need to give notice thereof or pay additional premiums to the
Insurer
for the
Bond Period
.
2.
If during the
Bond Period
an
Insured
Investment Company
shall merge or consolidate with an institution in which such
Insured
is the surviving entity, or purchase substantially all the assets or capital stock of another institution, or acquire or create a separate investment portfolio, and shall within sixty (60) days notify the
Insurer
thereof, then this
Bond
shall automatically apply to the
Property
and
Employees
resulting from such merger, consolidation, acquisition or creation from the date thereof; provided, that the
Insurer
may make such coverage contingent upon the payment of an additional premium.
B.
WARRANTY
No statement made by or on behalf of the
Insured
, whether contained in the
Application
or otherwise, shall be deemed to be an absolute warranty, but only a warranty that such statement is true to the best of the knowledge of the person responsible for such statement.
C.
COURT COSTS AND ATTORNEYS FEES
The
Insurer
will indemnify the
Insured
against court costs and reasonable attorneys fees incurred and paid by the
Insured
in defense of any legal proceeding brought against the
Insured
seeking recovery for any loss which, if established against the
Insured
, would constitute a loss covered under the terms of this
Bond
; provided, however, that with respect to Insuring Agreement A this indemnity shall apply only in the event that
1.
an
Employee
admits to having committed or is adjudicated to have committed a
Dishonest or Fraudulent Act
or
Theft
which caused the loss; or
2.
in the absence of such an admission or adjudication, an arbitrator or arbitrators acceptable to the
Insured
and the
Insurer
concludes, after a review of an agreed statement of facts, that an
Employee
has committed a
Dishonest or Fraudulent Act
or
Theft
which caused the loss.
The
Insured
shall promptly give notice to the
Insurer
of any such legal proceeding and upon request shall furnish the
Insurer
with copies of all pleadings and other papers therein. At the
Insurers
election the
Insured
shall permit the
Insurer
to conduct the defense of such legal proceeding in the
Insureds
name, through attorneys of the
Insurers
selection. In such event, the
Insured
shall give all reasonable information and assistance which the
Insurer
shall deem necessary to the proper defense of such legal proceeding.
If the amount of the
Insureds
liability or alleged liability in any such legal proceeding is greater than the amount which the
Insured
would be entitled to recover under this
Bond
(other than pursuant to this General Agreement C), or if a
Deductible Amount
is applicable, or both, the indemnity liability of the
Insurer
under this General Agreement C is limited to the proportion of court costs and attorneys fees incurred and paid by the
Insured
or by the
Insurer
7
that the amount which the
Insured
would be entitled to recover under this
Bond
(other than pursuant to this General Agreement C) bears to the sum of such amount plus the amount which the
Insured
is not entitled to recover. Such indemnity shall be in addition to the
Limit of Liability
for the applicable Insuring Agreement.
D.
INTERPRETATION
This
Bond
shall be interpreted with due regard to the purpose of fidelity bonding under Rule 17g-1 of the Investment Company Act of 1940 (i.e., to protect innocent third parties from harm) and to the structure of the investment management industry (in which a loss of
Property
resulting from a cause described in any Insuring Agreement ordinarily gives rise to a potential legal liability on the part of the
Insured
), such that the term loss as used herein shall include an
Insureds
legal liability for direct compensatory damages resulting directly from a misappropriation, or measurable diminution in value, of
Property
.
8
THIS BOND, INCLUDING THE FOREGOING INSURING AGREEMENTS
AND GENERAL AGREEMENTS, IS SUBJECT TO THE FOLLOWING
PROVISIONS, CONDITIONS AND LIMITATIONS:
SECTION 1. DEFINITIONS
The following terms used in this
Bond
(in bold type font) shall have the meanings stated in this Section:
A.
Alteration
means the marking, changing or altering in a material way of the terms, meaning or legal effect of a document with the intent to deceive.
B.
Application
means the
Insureds
application (and any attachments and materials submitted in connection therewith) furnished to the
Insurer
for this
Bond
.
C.
Authorized User
means any person or entity designated by the
Insured
(through contract, assignment of
User Identification
, or otherwise) as authorized to use a
Covered Computer System
, or any part thereof. An individual who invests in an
Insured Fund
shall not be considered to be an
Authorized User
solely by virtue of being an investor.
D.
Computer Fraud
means the unauthorized entry of data into, or the deletion or destruction of data in, or change of data elements or programs within, a
Covered Computer System
which:
(1)
is committed by any
Unauthorized Third Party
anywhere, alone or in collusion with other
Unauthorized Third Parties
; and
(2)
causes (a) funds or
Property
to be transferred, paid or delivered; or (b) an account of the
Insured
, or of its customer, to be added, deleted, debited or credited; or (c) an unauthorized or fictitious account to be debited or credited.
E.
Computer System
means (1) computers with related peripheral components, including storage components, (2) systems and applications software, (3) terminal devices, (4) related communications networks or customer communication systems, and (5) related electronic funds transfer systems; by which data or monies are electronically collected, transmitted, processed, stored or retrieved.
F.
Computer Security Procedures
means procedures for prevention of unauthorized computer access and use and administration of computer access and use as provided in writing to the
Insurer
.
G.
Counterfeit
means, with respect to any item, one which is false but is intended to deceive and to be taken for the original authentic item.
H.
Covered Computer System
means any
Computer System
as to which the
Insured
has possession, custody and control.
I.
Deductible Amount
means, with respect to any Insuring Agreement, the amount set forth under the heading Deductible Amount in Item 3 of the Declarations or in any Rider for such Insuring Agreement, applicable to each
Single Loss
covered by such Insuring Agreement.
J.
Depository
means any securities depository (other than any foreign securities depository) in which an
Investment Company
may deposit its
Securities
in accordance with Rule 17f-4 under the Investment Company Act of 1940.
9
K.
Dishonest or Fraudulent Act
means any dishonest or fraudulent act, including larceny and embezzlement as defined in Section 37 of the Investment Company Act of 1940, committed with the conscious manifest intent (1) to cause the
Insured
to sustain a loss and (2) to obtain financial benefit for the perpetrator or any other person As used in this definition, financial benefit does not include salaries, commissions, fees, bonuses, awards, profit sharing, pensions or other employee benefits. Where an
Employee
has obtained financial remuneration directly from the consequences of a dishonest or fraudulent act covered under Insuring Agreement A, the
Insured
may include such amount within the calculation of direct financial loss.
A
Dishonest or Fraudulent Act
does not mean or include a reckless act, a negligent act, or a grossly negligent act.
L.
Electronic Transmission
means any transmission effected by electronic means, including but not limited to a transmission effected by telephone tones,
Telefacsimile
, wireless device, or over the Internet.
M.
Employee
means:
(1)
each officer, director, trustee, partner or employee of the
Insured
, and
(2)
each officer, director, trustee, partner or employee of any predecessor of the
Insured
whose principal assets are acquired by the
Insured
by consolidation or merger with, or purchase of assets or capital stock of, such predecessor, and
(3)
each attorney performing legal services for the
Insured
and each employee of such attorney or of the law firm of such attorney while performing services for the
Insured
, and
(4)
each student who is an authorized intern of the
Insured
, while in any of the
Insureds
offices, and
(5)
each officer, director, trustee, partner or employee of
(a)
an investment adviser,
(b)
an underwriter (distributor),
(c)
a transfer agent or shareholder accounting record-keeper, or
(d)
an administrator authorized by written agreement to keep financial and/or other required records,
for an
Investment Company
named as an
Insured
, BUT ONLY while (i) such officer, partner or employee is performing acts coming within the scope of the usual duties of an officer or employee of an
Insured
, or (ii) such officer, director, trustee, partner or employee is acting as a member of any committee duly elected or appointed to examine or audit or have custody of or access to the
Property
of the
Insured
, or (iii) such director or trustee (or anyone acting in a similar capacity) is acting outside the scope of the usual duties of a director or trustee; PROVIDED, that the term
Employee
shall not include any officer, director, trustee, partner or employee of a transfer agent, shareholder accounting record-keeper or administrator (x) which is not an affiliated person (as defined in Section 2(a) of the Investment Company Act of 1940) of an
Investment Company
named as
Insured
or of the adviser or underwriter of such
Investment Company
, or (y) which is a Bank (as defined in Section 2(a) of the
10
Investment Company Act of 1940), and
(6)
each individual assigned, by contract or by any agency furnishing temporary personnel, in either case on a contingent or part-time basis, to perform the usual duties of an employee in any office of the
Insured
, and
(7)
each individual assigned to perform the usual duties of an employee or officer of any entity authorized by written agreement with the
Insured
to perform services as electronic data processor of checks or other accounting records of the
Insured
, but excluding a processor which acts as transfer agent or in any other agency capacity for the
Insured
in issuing checks, drafts or securities, unless included under subsection (5) hereof, and
(8)
each officer, partner or employee of
(a)
any
Depository
or
Exchange
,
(b)
any nominee in whose name is registered any Security included in the systems for the central handling of securities established and maintained by any
Depository
, and
(c)
any recognized service company which provides clerks or other personnel to any
Depository
or
Exchange
on a contract basis,
while such officer, partner or employee is performing services for any
Depository
in the operation of systems for the central handling of securities, and
(9)
in the case of an
Insured
which is an employee benefit plan (as defined in Section 3 of the Employee Retirement Income Security Act of 1974 (ERISA)) for officers, directors or employees of another
Insured
(In-House Plan), any fiduciary or other plan official (within the meaning of Section 412 of ERISA) of such In-House Plan, provided that such fiduciary or other plan official is a director, partner, officer, trustee or employee of an
Insured
(other than an In-House Plan).
Each employer of temporary personnel and each entity referred to in subsections (6) and (7) and their respective partners, officers and employees shall collectively be deemed to be one person for all the purposes of this
Bond
.
Brokers, agents, independent contractors, or representatives of the same general character shall not be considered
Employees
, except as provided in subsections (3), (6), and (7).
N.
Exchange
means any national securities exchange registered under the Securities Exchange Act of 1934.
O.
Financial Organisation
means any:
(1)
bank, credit institution, financial institution, undertaking for collective investment in securities, investment firm, stockbroker, asset management company, or similar organisation; or
(2)
automated clearing house.
P.
Forgery
means the physical signing on a document of the name of another person (whether real or fictitious) with the intent to deceive. A
Forgery
may be by means of mechanically
11
reproduced facsimile signatures as well as handwritten signatures.
Forgery
does not include the signing of an individuals own name, regardless of such individuals authority, capacity or purpose.
Q.
Fraudulent Retention
means:
(1)
the wrongful retention of funds or
Property
by a third party recipient without contractual or other legal right to such retention;
(2)
the
inability to recover any funds or
Property
erroneously transferred into the account of a third party recipient, despite all reasonable efforts to secure such recovery, solely because:
(a)
the third party recipient is unknown; or
(b)
such funds or
Property
have been misappropriated.
R.
Insured
means the entity shown in Item 1 of the Declarations.
S.
Items of Deposit
means one or more checks or drafts.
T.
Investment Company
or
Fund
means an investment company registered under the Investment Company Act of 1940.
U.
Limit of Liability
means, with respect to any Insuring Agreement, the limit of liability of the
Insurer
for any
Single Loss
covered by such Insuring Agreement as set forth under the heading Limit of Liability in Item 3 of the Declarations or in any Rider for such Insuring Agreement.
V.
Mysterious Disappearance
means any disappearance of
Property
which, after a reasonable investigation has been conducted, cannot be explained.
W.
Non-Fund
means any corporation, business trust, partnership, trust or other entity which is not an
Investment Company
.
X.
Phone/Electronic Transaction Security Procedures
means security procedures for
Phone/Electronic Transactions
as provided in writing to the
Insurer
.
Y.
Phone/Electronic Transaction
means any (1) redemption of shares issued by an
Investment Company
, (2) election concerning dividend options available to
Fund
shareholders, (3) exchange of shares in a registered account of one
Fund
into shares in an identically registered account of another
Fund
in the same complex pursuant to exchange privileges of the two
Funds
, or (4) purchase of shares issued by an
Investment Company
, which redemption, election, exchange or purchase is requested by voice over the telephone or through an
Electronic Transmission
.
Z.
Property
means the following tangible items: money, postage and revenue stamps, precious metals,
Securities
, bills of exchange, acceptances, checks, drafts, or other written orders or directions to pay sums certain in money, certificates of deposit, due bills, money orders, letters of credit, financial futures contracts, conditional sales contracts, abstracts of title, insurance policies, deeds, mortgages, and assignments of any of the foregoing, and other valuable papers, including books of account and other records used by the
Insured
in the conduct of its business, and all other instruments similar to or in the nature of the foregoing (but excluding all data processing records), (1) in which the
Insured
has a legally cognizable interest, (2) in which the
Insured
acquired or should have acquired such an interest by reason of a predecessors declared
12
financial condition at the time of the
Insureds
consolidation or merger with, or purchase of the principal assets of, such predecessor or (3) which are held by the
Insured
for any purpose or in any capacity.
AA.
Responsible Officer
means the first named
Insureds
Chief Compliance Officer (or designated alternate).
BB.
Securities
means original negotiable or non-negotiable agreements or instruments which represent an equitable or legal interest, ownership or debt (including stock certificates, bonds, promissory notes, and assignments thereof), which are in the ordinary course of business and transferable by physical delivery with appropriate endorsement or assignment.
Securities
does not include bills of exchange, acceptances, certificates of deposit, checks, drafts, or other written orders or directions to pay sums certain in money, due bills, money orders, or letters of credit.
CC.
Security Company
means an entity which provides or purports to provide the transport of
Property
by secure means, including, without limitation, by use of armored vehicles or guards.
DD.
Self Regulatory Organization
means any association of investment advisers or securities dealers registered under the federal securities laws, or any
Exchange
.
EE.
Shareholder of Record
means the record owner of shares issued by an
Investment Company
or, in the case of joint ownership of such shares, all record owners, as designated (1) in the initial account application, or (2) in writing accompanied by a signature guarantee, or (3) pursuant to procedures as set forth in the
Application
.
FF.
Single Loss
means:
(1)
all loss resulting from any one actual or attempted
Theft
committed by one person, or
(2)
all loss caused by any one act (other than a
Theft
or a
Dishonest or Fraudulent Act
) committed by one person, or
(3)
all loss caused by
Dishonest or Fraudulent Act
s committed by one person, or
(4)
all expenses incurred with respect to any one audit or examination, or
(5)
all loss caused by any one occurrence or event other than those specified in subsections (1) through (4) above.
All acts or omissions of one or more persons which directly or indirectly aid or, by failure to report or otherwise, permit the continuation of an act referred to in subsections (1) through (3) above of any other person shall be deemed to be the acts of such other person for purposes of this subsection.
All acts or occurrences or events which have as a common nexus any fact, circumstance, situation, transaction or series of facts, circumstances, situations, or transactions shall be deemed to be one act, one occurrence, or one event.
Single Loss
shall also include all loss caused by
Computer Fraud(s)
committed by one person, or in which one person is implicated, whether or not that person is specifically identified. A series of losses involving unidentified individuals, but arising from the same method of operation, may be deemed by the
Insurer
to involve the same individual and in that event shall be treated as a
Single Loss
.
13
GG.
Telefacsimile
means a system of transmitting and reproducing fixed graphic material (as, for example, printing) by means of signals transmitted over telephone lines or over the Internet.
HH.
Theft
means robbery, burglary or hold-up, occurring with or without violence or the threat of violence.
II.
Unauthorized Third Party
means any person or entity that, at the time of the
Computer Fraud
, is not an
Authorized User
.
JJ.
User Identification
means any unique user name (i.e., a series of characters) that is assigned to a person or entity by the
Insured
.
14
SECTION 2. EXCLUSIONS
THIS
BOND
DOES NOT COVER:
A.
Loss resulting from (1) riot or civil commotion outside the United States of America and Canada, or (2) war, revolution, insurrection, action by armed forces, or usurped power, wherever occurring; except if such loss occurs while the
Property
is in transit, is otherwise covered under Insuring Agreement D, and when such transit was initiated, the
Insured
or any person initiating such transit on the
Insureds
behalf had no knowledge of such riot, civil commotion, war, revolution, insurrection, action by armed forces, or usurped power.
B.
Loss in time of peace or war resulting from nuclear fission or fusion or radioactivity, or biological or chemical agents or hazards, or fire, smoke, or explosion, or the effects of any of the foregoing.
C.
Loss resulting from any
Dishonest or Fraudulent Act
committed by any person while acting in the capacity of a member of the Board of Directors or any equivalent body of the
Insured
or of any other entity.
D.
Loss resulting from any nonpayment or other default of any loan or similar transaction made by the
Insured
or any of its partners, directors, officers or employees, whether or not authorized and whether procured in good faith or through a
Dishonest or Fraudulent Act
, unless such loss is otherwise covered under Insuring Agreement A, E, F or J.
E.
Loss resulting from any violation by the
Insured
or by any
Employee
of any law, or any rule or regulation pursuant thereto or adopted by a
Self Regulatory Organization
, regulating the issuance, purchase or sale of securities, securities transactions upon security exchanges or over the counter markets, Investment Companies, or investment advisers, unless such loss, in the absence of such law, rule or regulation, would be covered under Insuring Agreement A, E or F.
F.
Loss resulting from
Property
that is the object of
Theft
,
Dishonest or Fraudulent Act
, or
Mysterious Disappearance
while in the custody of any
Security Company
, unless such loss is covered under this
Bond
and is in excess of the amount recovered or received by the
Insured
under (1) the
Insureds
contract with such
Security Company
, and (2) insurance or indemnity of any kind carried by such
Security Company
for the benefit of, or otherwise available to, users of its service, in which case this
Bond
shall cover only such excess, subject to the applicable
Limit of Liability
and
Deductible Amount
.
G.
Potential income, including but not limited to interest and dividends, not realized by the
Insured
because of a loss covered under this
Bond
, except when covered under Insuring Agreement H.
H.
Loss in the form of (1) damages of any type for which the
Insured
is legally liable, except direct compensatory damages, or (2) taxes, fines, or penalties, including without limitation two-thirds of treble damage awards pursuant to judgments under any statute or regulation.
15
I.
Loss resulting from the surrender of
Property
away from an office of the
Insured
as a result of a threat
(1)
to do bodily harm to any person, except where the
Property
is in transit in the custody of any person acting as messenger as a result of a threat to do bodily harm to such person, if the
Insured
had no knowledge of such threat at the time such transit was initiated, or
(2)
to do damage to the premises or
Property
of the
Insured
,
unless such loss is otherwise covered under Insuring Agreement A.
J.
All costs, fees and other expenses incurred by the
Insured
in establishing the existence of or amount of loss covered under this
Bond
, except to the extent certain audit expenses are covered under Insuring Agreement B.
K.
Loss resulting from payments made to or withdrawals from any account, involving funds erroneously credited to such account, unless such loss is otherwise covered under Insuring Agreement A or L.
L.
Loss resulting from uncollectible
Items of Deposit
which are drawn upon a financial institution outside the United States of America, its territories and possessions, or Canada.
M.
Loss resulting from the
Dishonest or Fraudulent Acts
,
Theft
, or other acts or omissions of an
Employee
primarily engaged in the sale of shares issued by an
Investment Company
to persons other than (1) a person registered as a broker under the Securities Exchange Act of 1934 or (2) an
accredited investor
as defined in Rule 501(a) of Regulation D under the Securities Act of 1933, which is not an individual.
N.
Loss resulting from the use of credit, debit, charge, access, convenience, identification, cash management or other cards, whether such cards were issued or purport to have been issued by the
Insured
or by anyone else, unless such loss is otherwise covered under Insuring Agreement A.
O.
Loss resulting from any purchase, redemption or exchange of securities issued by an
Investment Company
or other
Insured
, or any other instruction, request, acknowledgement, notice or transaction involving securities issued by an
Investment Company
or other
Insured
or the dividends in respect thereof, when any of the foregoing is requested, authorized or directed or purported to be requested, authorized or directed by voice over the telephone or by
Electronic Transmission
, unless such loss is otherwise covered under Insuring Agreement A or Insuring Agreement I.
P.
Loss resulting from any
Dishonest or Fraudulent Act
or
Theft
committed by an
Employee
as defined in Section 1.I(2), unless such loss (1) could not have been reasonably discovered by the due diligence of the
Insured
at or prior to the time of acquisition by the
Insured
of the assets acquired from a predecessor, and (2) arose out of a lawsuit or valid claim brought against the
Insured
by a person unaffiliated with the
Insured
or with any person affiliated with the
Insured
.
Q.
Loss resulting from the unauthorized entry of data into, or the deletion or destruction of data in, or the change of data elements or programs within, any
Computer System
, unless such loss is otherwise covered under Insuring Agreement A or J.
16
IN ADDITTION TO THE FOREGOING EXCLUSIONS, INSURING AGREEMENT J OF THIS
BOND
DOES NOT COVER:
R.
Loss covered under Insuring Agreement A, Fidelity, of this
Bond
.
S.
Loss resulting directly or indirectly from
Theft
or misappropriation of confidential or proprietary information, material or data (including but not limited to trade secrets, computer programs or customer information).
T.
Loss resulting from the intentional failure to adhere to one or more
Computer Security Procedures
.
U.
Loss resulting from a
Computer Fraud
committed by or in collusion with:
(1)
any
Authorized User
(whether a natural person or an entity); or
(2)
in the case of any
Authorized User
which is an entity, (a) any director, officer, partner, employee or agent of such
Authorized User
, or (b) any entity which controls, is controlled by, or is under common control with such
Authorized User
(
Related Entity
), or (c) any director, officer, partner, employee or agent of such
Related Entity
; or
(3)
in the case of any
Authorized User
who is a natural person, (a) any entity for which such
Authorized User
is a director, officer, partner, employee or agent (
Employer Entity
), or (b) any director, officer, partner, employee or agent of such
Employer Entity,
or (c) any entity which controls, is controlled by, or is under common control with such
Employer Entity
(
Employer-Related Entity
), or (d) any director, officer, partner, employee or agent of such
Employer-Related Entity
.
V.
Loss resulting from physical damage to or destruction of any
Covered Computer System
, or any part thereof, or any data, data elements or media associated therewith.
W.
Loss resulting from
Computer Fraud
committed by means of wireless access to any
Covered Computer System
, or any part thereof, or any data, data elements or media associated therewith.
X.
Loss not directly and proximately caused by
Computer Fraud
(including, without limitation, disruption of business and extra expense).
Y.
Payments made to any person(s) who has threatened to deny or has denied authorized access to a
Covered Computer System
or otherwise has threatened to disrupt the business of the
Insured
.
SECTION 3. ASSIGNMENT OF RIGHTS
Upon payment to the
Insured
hereunder for any loss, the
Insurer
shall be subrogated to the extent of such payment to all of the
Insureds
rights and claims in connection with such loss; provided, however, that the
Insurer
shall not be subrogated to any such rights or claims one named
Insured
under this
Bond
may have against another named
Insured
under this
Bond
. At the request of the
Insurer
, the
Insured
shall execute all assignments or other documents and take such action as the
Insurer
may deem necessary or desirable to secure and perfect such rights and claims, including the execution of documents necessary to enable the
Insurer
to bring suit in the name of the
Insured
.
17
Assignment of any rights or claims under this
Bond
shall not bind the
Insurer
without the
Insurers
written consent.
SECTION 4. LOSSNOTICEPROOFLEGAL PROCEEDINGS
This
Bond
is for the use and benefit only of the
Insured
and the
Insurer
shall not be liable hereunder to anyone other than the
Insured
. As soon as reasonably practicable and not more than sixty (60) days after discovery, the
Insured
shall give the
Insurer
written notice thereof and, as soon as reasonably practicable and within one year after such discovery, shall also furnish to the
Insurer
affirmative proof of loss with full particulars. The
Insurer
may extend the sixty (60) day notice period or the one year proof of loss period if the
Insured
requests an extension and shows good cause therefor.
See also General Agreement C (Court Costs and Attorneys Fees).
The
Insurer
shall not be liable hereunder for loss of
Securities
unless each of the
Securities
is identified in such proof of loss by a certificate or bond number or by such identification means as the
Insurer
may require. The
Insurer
shall have a reasonable period after receipt of a proper affirmative proof of loss within which to investigate the claim, but where the
Property
is
Securities
and the loss is clear and undisputed, settlement shall be made within forty-eight (48) hours even if the loss involves
Securities
of which duplicates may be obtained.
The
Insured
shall not bring legal proceedings against the
Insurer
to recover any loss hereunder prior to sixty (60) days after filing such proof of loss or subsequent to twenty-four (24) months after the discovery of such loss or, in the case of a legal proceeding to recover hereunder on account of any judgment against the
Insured
in or settlement of any suit mentioned in General Agreement C or to recover court costs or attorneys fees paid in any such suit, twenty-four (24) months after the date of the final judgment in or settlement of such suit. If any limitation in this
Bond
is prohibited by any applicable law, such limitation shall be deemed to be amended to be equal to the minimum period of limitation permitted by such law.
Notice hereunder shall be given to the
Insurer
via the broker through either of the following methods:
By post:
|
FINEX Claims,
|
|
Willis Limited,
|
|
The Willis Building,
|
|
FINEX Claims Department,
|
|
51 Lime Street,
|
|
London, EC3A 7LA
|
|
United Kingdom.
|
|
|
By e-mail:
|
ficlaims@willis.com
|
18
SECTION 5. DISCOVERY
For all purposes under this
Bond
, a loss is discovered, and discovery of a loss occurs, when the
Responsible Officer
:
(1)
becomes aware of facts, or
(2)
receives notice of an actual or potential claim by a third party which alleges that the
Insured
is liable under circumstances,
which would cause a person to assume that loss covered by this
Bond
has been or is reasonably likely to be incurred even though the exact amount or details of loss may not be known.
SECTION 6. VALUATION OF PROPERTY
For the purpose of determining the amount of any loss hereunder, the value of any
Property
shall be the market value of such
Property
at the close of business on the first business day before the discovery of such loss; except that
(1)
the value of any
Property
replaced by the
Insured
prior to the payment of a claim therefor shall be the actual market value of such
Property
at the time of replacement, but not in excess of the market value of such
Property
on the first business day before the discovery of the loss of such
Property
;
(2)
the value of
Securities
which must be produced to exercise subscription, conversion, redemption or deposit privileges shall be the market value of such privileges immediately preceding the expiration thereof if the loss of such
Securities
is not discovered until after such expiration, but if there is no quoted or other ascertainable market price for such
Property
or privileges referred to in clauses (1) and (2), their value shall be fixed by agreement between the parties or by arbitration before an arbitrator or arbitrators acceptable to the parties; and
(3)
the value of books of accounts or other records used by the
Insured
in the conduct of its business shall be limited to the actual cost of blank books, blank pages or other materials if the books or records are reproduced plus the cost of labor for the transcription or copying of data furnished by the
Insured
for reproduction.
SECTION 7. LOST SECURITIES
The maximum liability of the
Insurer
hereunder for lost
Securities
shall be the payment for, or replacement of, such
Securities
having an aggregate value not to exceed the applicable
Limit of Liability
. If the
Insurer
shall make payment to the
Insured
for any loss of
Securities
, the
Insured
shall assign to the
Insurer
all of the
Insureds
right, title and interest in and to such
Securities
. In lieu of such payment, the
Insurer
may, at its option, replace such lost
Securities
, and in such case the
Insured
shall cooperate to effect such replacement. To effect the replacement of lost
Securities
, the
Insurer
may issue or arrange for the issuance of a lost instrument bond. If the value of such
Securities
does not exceed the applicable
Deductible Amount
(at the time of the discovery of the loss), the
Insured
will pay the usual premium charged for the lost instrument bond and will indemnify the issuer of such bond against all loss and expense that it may sustain because of the issuance of such bond.
If the value of such
Securities
exceeds the applicable
Deductible Amount
(at the time of discovery of the loss), the
Insured
will pay a proportion of the usual premium charged for the lost instrument bond, equal to the percentage that the applicable
Deductible Amount
bears to the value of such
Securities
upon discovery of the loss, and will indemnify the issuer of such bond against all loss and expense that is not recovered from the
Insurer
under the terms and conditions of this
Bond
, subject to the applicable
19
Limit of Liability
.
SECTION 8. SALVAGE
If any recovery is made, whether by the
Insured
or the
Insurer
, on account of any loss within the applicable
Limit of Liability
hereunder, the
Insurer
shall be entitled to the full amount of such recovery to reimburse the
Insurer
for all amounts paid hereunder with respect to such loss. If any recovery is made, whether by the
Insured
or the
Insurer
, on account of any loss in excess of the applicable
Limit of Liability
hereunder plus the
Deductible Amount
applicable to such loss from any source other than suretyship, insurance, reinsurance, security or indemnity taken by or for the benefit of the
Insurer
, the amount of such recovery, net of the actual costs and expenses of recovery, shall be applied to reimburse the
Insured
in full for the portion of such loss in excess of such
Limit of Liability
, and the remainder, if any, shall be paid first to reimburse the
Insurer
for all amounts paid hereunder with respect to such loss and then to the
Insured
to the extent of the portion of such loss within the
Deductible Amount
. The
Insured
shall execute all documents which the
Insurer
deems necessary or desirable to secure to the
Insurer
the rights provided for herein.
SECTION 9. NON-REDUCTION AND NON-ACCUMULATION OF LIABILITY AND TOTAL LIABILITY
Prior to its termination, this
Bond
shall continue in force up to the
Limit of Liability
for each Insuring Agreement for each
Single Loss
, notwithstanding any previous loss (other than such
Single Loss
) for which the
Insurer
may have paid or be liable to pay hereunder; PROVIDED, however, that regardless of the number of years this
Bond
shall continue in force and the number of premiums which shall be payable or paid, the liability of the
Insurer
under this
Bond
with respect to any
Single Loss
shall be limited to the applicable
Limit of Liability
irrespective of the total amount of such
Single Loss
and shall not be cumulative in amounts from year to year or from period to period.
SECTION 10.
MAXIMUM LIABILITY OF UNDERWRITER; OTHER BONDS OR POLICIES
The maximum liability of the
Insurer
for any
Single Loss
covered by any Insuring Agreement under this
Bond
shall be the
Limit of Liability
applicable to such Insuring Agreement, subject to the applicable
Deductible Amount
and the other provisions of this
Bond
. Recovery for any
Single Loss
may not be made under more than one Insuring Agreement. If any
Single Loss
covered under this
Bond
is recoverable or recovered in whole or in part because of an unexpired discovery period under any other bonds or policies issued by the
Insurer
to the
Insured
or to any predecessor in interest of the
Insured
, the maximum liability of the
Insurer
shall be the greater of either (1) the applicable
Limit of Liability
under this
Bond
, or (2) the maximum liability of the
Insurer
under such other bonds or policies.
SECTION 11. OTHER INSURANCE
Notwithstanding anything to the contrary herein, if any loss covered by this
Bond
shall also be covered by other insurance or suretyship for the benefit of the
Insured
, the
Insurer
shall be liable hereunder only for the portion of such loss in excess of the amount recoverable under such other insurance or suretyship, but not exceeding the applicable
Limit of Liability
of this
Bond
.
SECTION 12. DEDUCTIBLE AMOUNT
The
Insurer
shall not be liable under any Insuring Agreement unless the amount of the loss covered thereunder, after deducting the net amount of all reimbursement and/or recovery received by the
Insured
with respect to such loss (other than from any other bond, suretyship or insurance policy or as an advance by the
Insurer
hereunder) shall exceed the applicable
Deductible Amount
; in such case the
Insurer
shall be liable only for such excess, subject to the applicable
Limit of Liability
and the other
20
terms of this
Bond
.
No
Deductible Amount
shall apply to any loss covered under Insuring Agreement A sustained by any
Investment Company
named as an
Insured
.
SECTION 13. TERMINATION
The
Insurer
may terminate this
Bond
as to any
Insured
or all
Insureds
only by written notice to such
Insured
or
Insureds
and, if this
Bond
is terminated as to any
Investment Company
, to each such
Investment Company
terminated thereby and to the Securities and Exchange Commission, Washington, D.C., in all cases not less than sixty (60) days prior to the effective date of termination specified in such notice.
The
Insured
may terminate this
Bond
only by written notice to the
Insurer
not less than sixty (60) days prior to the effective date of the termination specified in such notice. Notwithstanding the foregoing, when the
Insured
terminates this
Bond
as to any
Investment Company
, the effective date of termination shall be not less than sixty (60) days from the date the
Insurer
provides written notice of the termination to each such
Investment Company
terminated thereby and to the Securities and Exchange Commission, Washington, D.C.
This
Bond
will terminate as to any
Insured
that is a
Non-Fund
immediately and without notice upon (1) the takeover of such
Insureds
business by any State or Federal official or agency, or by any receiver or liquidator, or (2) the filing of a petition under any State or Federal statute relative to bankruptcy or reorganization of the
Insured
, or assignment for the benefit of creditors of the
Insured
.
Premiums are earned until the effective date of termination. The
Insurer
shall refund the unearned premium computed at short rates in accordance with the
Insurers
standard short rate cancellation tables if this
Bond
is terminated by the
Insured
or pro rata if this
Bond
is terminated by the
Insurer
.
Upon the detection by any
Insured
that an
Employee
has committed any
Dishonest or Fraudulent Act(s)
or
Theft
, the
Insured
shall immediately remove such
Employee
from a position that may enable such
Employee
to cause the
Insured
to suffer a loss by any subsequent
Dishonest or Fraudulent Act(s)
or
Theft
. The
Insured
, within two (2) business days of such detection, shall notify the
Insurer
with full and complete particulars of the detected
Dishonest or Fraudulent Act(s)
or
Theft
.
For purposes of this section, detection occurs when any partner, officer, or supervisory employee of any
Insured
, who is not in collusion with such
Employee
, becomes aware that the
Employee
has committed any
Dishonest or Fraudulent Act(s)
or
Theft
.
This
Bond
shall terminate as to any
Employee
by written notice from the
Insurer
to each
Insured
and, if such
Employee
is an
Employee
of an
Insured
Investment Company
, to the Securities and Exchange Commission, in all cases not less than sixty (60) days prior to the effective date of termination specified in such notice.
SECTION 14. RIGHTS AFTER TERMINATION
At any time prior to the effective date of termination of this
Bond
as to any
Insured
, such
Insured
may, by written notice to the
Insurer
, elect to purchase the right under this
Bond
to an additional period of twelve (12) months within which to discover loss sustained by such
Insured
prior to the effective date of such termination and shall pay an additional premium therefor as the
Insurer
may require.
Such additional discovery period shall terminate immediately and without notice upon the takeover of such
Insured
s business by any State or Federal official or agency, or by any receiver or liquidator. Promptly after such termination the
Insurer
shall refund to the
Insured
any unearned premium.
21
The right to purchase such additional discovery period may not be exercised by any State or Federal official or agency, or by any receiver or liquidator, acting or appointed to take over the
Insureds
business.
SECTION 15. CENTRAL HANDLING OF SECURITIES
The
Insurer
shall not be liable for loss in connection with the central handling of securities within the systems established and maintained by any
Depository
(
Systems
), unless the amount of such loss exceeds the amount recoverable or recovered under any bond or policy or participants fund insuring the
Depository
against such loss (the
Depositorys Recovery
); in such case the
Insurer
shall be liable hereunder only for the
Insureds
share of such excess loss, subject to the applicable
Limit of Liability
, the
Deductible Amount
and the other terms of this
Bond
.
For determining the
Insureds
share of such excess loss, (1) the
Insured
shall be deemed to have an interest in any certificate representing any security included within the
Systems
equivalent to the interest the
Insured
then has in all certificates representing the same security included within the
Systems
; (2) the
Depository
shall have reasonably and fairly apportioned the
Depositorys Recovery
among all those having an interest as recorded by appropriate entries in the books and records of the
Depository
in
Property
involved in such loss, so that each such interest shall share in the
Depositorys Recovery
in the ratio that the value of each such interest bears to the total value of all such interests; and (3) the
Insureds
share of such excess loss shall be the amount of the
Insureds
interest in such
Property
in excess of the amount(s) so apportioned to the
Insured
by the
Depository
.
This
Bond
does not afford coverage in favor of any
Depository
or
Exchange
or any nominee in whose name is registered any security included within the
Systems
.
SECTION 16. ADDITIONAL COMPANIES INCLUDED AS INSURED
If more than one entity is named as the
Insured
:
A.
the total liability of the
Insurer
hereunder for each
Single Loss
shall not exceed the
Limit of Liability
which would be applicable if there were only one named
Insured
, regardless of the number of
Insured
entities which sustain loss as a result of such
Single Loss
,
B.
the
Insured
first named in Item 1 of the Declarations shall be deemed authorized to make, adjust, and settle, and receive and enforce payment of, all claims hereunder as the agent of each other
Insured
for such purposes and for the giving or receiving of any notice required or permitted to be given hereunder; provided, that the
Insurer
shall promptly furnish each named
Insured
Investment Company
with (1) a copy of this
Bond
and any amendments thereto, (2) a copy of each formal filing of a claim hereunder by any other
Insured
, and (3) notification of the terms of the settlement of each such claim prior to the execution of such settlement,
C.
the
Insurer
shall not be responsible or have any liability for the proper application by the
Insured
first named in Item 1 of the Declarations of any payment made hereunder to the first named
Insured
,
D.
for the purposes of Sections 4 and 13, knowledge possessed or discovery made by any partner, officer or supervisory
Employee
of any
Insured
shall constitute knowledge or discovery by every named
Insured
,
E.
if the first named
Insured
ceases for any reason to be covered under this
Bond
, then the
Insured
next named shall thereafter be considered as the first named
Insured
for the purposes of this
Bond
, and
22
F.
each named
Insured
shall constitute the
Insured
for all purposes of this
Bond
.
SECTION 17. NOTICE AND CHANGE OF CONTROL
Within thirty (30) days after learning that there has been a change in
Control
of an
Insured
by transfer of its outstanding voting securities the
Insured
shall give written notice to the
Insurer
of:
A.
the names of the transferors and transferees (or the names of the beneficial owners if the voting securities are registered in another name), and
B.
the total number of voting securities owned by the transferors and the transferees (or the beneficial owners), both immediately before and after the transfer, and
C.
the total number of outstanding voting securities.
As used in this Section,
Control
means the power to exercise a controlling influence over the management or policies of the
Insured
.
SECTION 18. CHANGE OR MODIFICATION
This
Bond
may only be modified by written Rider forming a part hereof over the signature of the
Insurers
authorized representative. Any Rider which modifies the coverage provided by Insuring Agreement A, Fidelity, in a manner which adversely affects the rights of an
Insured
Investment Company
shall not become effective until at least sixty (60) days after the
Insurer
has given written notice thereof to the Securities and Exchange Commission, Washington, D.C., and to each
Insured
Investment Company
affected thereby.
23
RIDER NO.1
THIS RIDER CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SPECIFICALLY NAMED INSURED RIDER
In consideration of the premium charged for this
Bond
, it is hereby understood and agreed that Item 1 of the Declarations, Insured, shall include the following:
Aberdeen Emerging Markets Telecommunications and Infrastructure Fund, Inc.
Aberdeen Israel Fund, Inc.
Aberdeen Indonesia Fund, Inc.
Aberdeen Latin America Equity Fund, Inc.
Except as above stated, nothing herein shall be held to alter, waive or extend any of the terms of this
Bond
.
24
RIDER NO. 2
THIS RIDER CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DEDUCTIBLE WAIVER RIDER
In consideration of the premium charged for this
Bond
, it is hereby understood and agreed that the Deductible Amount for Insuring Agreement E, Forgery or Alteration, and Insuring Agreement F, Securities, shall not apply with respect to loss through
Forgery
of a signature on the following documents:
(1)
letter requesting redemption of USD50,000 or less payable by check to the shareholder of record and addressed to the address of record; or
(2)
letter requesting redemption of USD50,000 or less by wire transfer to the record shareholders bank account of record; or
(3)
written request to a trustee or custodian for a Designated Retirement Account (
DRA
) which holds shares of an
Insured
Fund
, where such request (a) purports to be from or at the instruction of the
Owner
of such
DRA
, and (b) directs such trustee or custodian to transfer USD50,000 or less from such
DRA
to a trustee or custodian for another
DRA
established for the benefit of such
Owner
,
provided, that the Limit of Liability for a
Single Loss
as described above shall be USD50,000 and that the
Insured
shall bear 20% of each such loss. This Rider shall not apply in the case of any such
Single Loss
which exceeds USD50,000; in such case the Deductible Amounts and Limits of Liability set forth in Item 3 of the Declarations shall control.
For purposes of this Rider:
(A)
Designated Retirement Account
means any retirement plan or account described or qualified under the Internal Revenue Code of 1986, as amended, or a subaccount thereof.
(B)
Owner
means the individual for whose benefit the
DRA
, or a subaccount thereof, is established.
Except as above stated, nothing herein shall be held to alter, waive or extend any of the terms of this
Bond
.
25
RIDER NO. 3
THIS RIDER CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THIRD PARY CHECK RIDER
In consideration of the premium charged for this
Bond
, it is hereby understood and agreed that this
Bond
does not cover any loss resulting from or in connection with the acceptance of any
Third Party Check
, unless
(1)
such
Third Party Check
is used to open or increase an account which is registered in the name of one or more of the payees on such
Third Party Check
, and
(2)
reasonable efforts are made by the
Insured
, or by the entity receiving
Third Party Checks
on behalf of the
Insured
, to verify all endorsements on all
Third Party Checks
made payable in amounts greater than USD100,000 (provided, however, that the isolated failure to make such efforts in a particular instance will not preclude coverage, subject to the exclusions herein and in the
Bond
),
and then only to the extent such loss is otherwise covered under this
Bond
.
For purposes of this Rider,
Third Party Check
means a check made payable to one or more parties and offered as payment to one or more other parties.
It is further understood and agreed that notwithstanding anything to the contrary above or elsewhere in the
Bond
, this
Bond
does not cover any loss resulting from or in connection with the acceptance of a
Third Party Check
where:
(1)
any payee on such
Third Party Check
reasonably appears to be a corporation or other entity; or
(2)
such
Third Party Check
is made payable in an amount greater than USD100,000 and does not include the purported endorsements of all payees on such
Third Party Check
.
It is further understood and agreed that this Rider shall not apply with respect to any coverage that may be available under Insuring Agreement A, Fidelity.
Except as above stated, nothing herein shall be held to alter, waive or extend any of the terms of this
Bond
.
26
RIDER NO. 4
THIS RIDER CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DEDUCTIBLE WAIVER RIDER
In consideration for the premium charged for this
Bond
, it is hereby understood and agreed that, with respect to Insuring Agreement I only, the Deductible Amount set forth in Item 3 of the Declarations (
Phone/Electronic Deductible
) shall not apply with respect to a
Single Loss
, otherwise covered by Insuring Agreement I, caused by:
(1)
a
Phone/Electronic Redemption
requested to be paid or made payable by check to the
Shareholder or Record
at the address of record; or
(2)
a
Phone/Electronic Redemption
requested to be paid or made payable by wire transfer to the
Shareholder or Records
bank account of record,
provided, that the
Limit of Liability
for a
Single Loss
as described in (1) or (2) above shall be the lesser of 80% of such loss or USD40,000 and that the
Insured
shall bear the remainder of each such Loss. This Rider shall not apply if the application of the Phone/Electronic Deductible to the
Single Loss
would result in coverage of greater than USD40,000 or more; in such case the Phone-initiated Deductible and Limit of Liability set forth in Item 3 of the Declarations shall control.
For purposes of this Rider,
Phone/Electronic Redemption
means any redemption of shares issued by an
Investment Company
, which redemption is requested (a) by voice over the telephone, (b) through an automated telephone tone or voice response system or (c) by
Telefacsimile
.
Except as above stated, nothing herein shall be held to alter, waive or extend any of the terms of this
Bond
.
27
RIDER NO. 5
THIS RIDER CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TRIA RIDER
Most property and casualty insurers, including the
Insurer
, are subject to the requirements of the Terrorism Risk Insurance Act of 2002, as amended (the
Act
). The
Act
establishes a Federal insurance backstop under which the
Insurer
and these other insurers will be partially reimbursed for future
insured losses
resulting from certified
acts of terrorism.
(Each of these
bolded terms
is defined by the Act.) The
Act
also places certain disclosure and other obligations on the
Insurer
and these other insurers.
Pursuant to the
Act
, any future losses to the
Insurer
caused by certified
acts of terrorism
will be partially reimbursed by the United States government under a formula established by the
Act
. Under this formula, the United States government will reimburse the
Insurer
for 90% of the
Insurers
insured losses
in excess of a statutorily established deductible until total insured losses of all participating insurers reach $100 billion. If total
insured
losses
of all property and casualty insurers reach $100 billion during any applicable period, the
Act
provides that the insurers will not be liable under their policies for their portions of such losses that exceed such amount. Amounts otherwise payable under this
Bond
may be reduced as a result.
This
Bond
has no express exclusion for
acts of terrorism
However, coverage under this
Bond
remains subject to all applicable terms, conditions and limitations of the
Bond
(including exclusions) that are permissible under the
Act
. The portion of the premium that is attributable to any coverage potentially available under the
Bond
for
acts of terrorism
is one percent (1%).
28
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