Common use of Appointment of Portfolio Manager Clause in Contracts

Appointment of Portfolio Manager. (a) The Trust hereby retains Portfolio Manager to provide the investment services set forth herein and Portfolio Manager agrees to accept such appointment. In carrying out its responsibilities under this Agreement, the Portfolio Manager shall at all times act in accordance with the investment objectives, policies and restrictions applicable to the Portfolio as set forth in the then current Registration Statement of the Trust, applicable provisions of the Investment Company Act and the rules and regulations promulgated under that Act and other applicable federal securities laws. (b) The Trust further agrees that it will provide to Portfolio Manager a copy of the agreement between the Trust=s custodian bank and the Trust and will take such actions as may be necessary to assure that such custodian bank will accept instruction from the Portfolio Manager with respect to that portion of the assets of the Portfolio ("Account") that may, from time to time be allocated to it by the Trust's Board of Trustees.

Appointment of Portfolio Manager. (a) The Trust hereby retains Portfolio Manager to provide the investment services set forth herein and Portfolio Manager agrees to accept such appointment. In carrying out its responsibilities under this Agreement, the Portfolio Manager shall at all times act in accordance with the investment objectives, policies and restrictions applicable to the Portfolio as set forth in the then current Registration Statement of the Trust, applicable provisions of the Investment Company Act and the rules and regulations promulgated under that Act and other applicable federal securities laws. (b) The Trust further agrees that it will provide to Portfolio Manager a copy of the agreement between the Trust=s 's custodian bank and the Trust and will take such actions as may be necessary to assure that such custodian bank will accept instruction from the Portfolio Manager with respect to that portion of the assets of the Portfolio ("Account") that may, from time to time be allocated to it by the Trust's Board of Trustees.