NON-EXCLUSIVITY; TRADING FOR ADVISOR’S OWN ACCOUNT The Trust’s employment of the Advisor is not an exclusive arrangement. The Trust may from time to time employ other individuals or entities to furnish it with the services provided for herein. Likewise, the Advisor may act as investment adviser for any other person, and shall not in any way be limited or restricted from buying, selling or trading any securities for its or their own accounts or the accounts of others for whom it or they may be acting; provided, however, that the Advisor expressly represents that it will undertake no activities which will adversely affect the performance of its obligations to the Fund under this Agreement; and provided further that the Advisor will adhere to a code of ethics governing employee trading and trading for proprietary accounts that conforms to the requirements of the Investment Company Act and the Advisers Act and has been approved by the Board of Trustees.
NON-EXCLUSIVITY; TRADING FOR ADVISER’S OWN ACCOUNT The Trust’s employment of the Adviser is not an exclusive arrangement. The Trust may from time to time employ other individuals or entities to furnish it with the services provided for herein with respect to other series of the Trust. Likewise, the Adviser may act as investment adviser for any other person, and shall not in any way be limited or restricted from buying, selling or trading any securities for its or their own accounts or the accounts of others for whom it or they may be acting, provided, however, that the Adviser expressly represents that it will undertake no activities which, in its judgment, will adversely affect the performance of its obligations to any Fund under this Agreement; and provided further that the Adviser will adopt a code of ethics governing employee trading and trading for proprietary accounts that conforms to the requirements of the Investment Company Act and the Advisers Act and has been approved by the Board of Trustees.
Testing-the-Waters Materials If at any time following the distribution of any Written Testing-the-Waters Communication there occurred or occurs an event or development as a result of which such Written Testing-the-Waters Communication included or would include an untrue statement of a material fact or omitted or would omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at that subsequent time, not misleading, the Company will promptly notify the Representatives and will promptly amend or supplement, at its own expense, such Written Testing-the-Waters Communication to eliminate or correct such untrue statement or omission.
Leave With Pay for Family-Related Responsibilities (a) For the purpose of this clause, family is defined as any relative permanently residing in the employee’s household or with whom the employee permanently resides, the employee’s spouse, (or common-law partner resident with the employee), children (including ▇▇▇▇▇▇ children and children of legal or common-law partner) or parents (including step-parents or ▇▇▇▇▇▇-parents). (b) The Council shall grant leave with pay under the following circumstances: (i) When alternate arrangements are not possible, an employee shall be granted up to one (1) scheduled working day’s leave for a medical or dental appointment when the dependent family member is incapable of attending the appointment by himself/herself, or for appointments with appropriate authorities in schools or adoption agencies. An employee requesting leave under this provision must notify his/her supervisor of the appointment as far in advance as possible; (ii) To provide for the immediate and temporary care of a sick member of the employee's immediate family and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration; (iii) Fifteen (15) hours’ leave with pay for needs directly related to the birth or to the adoption of the employee's child. (c) The total leave with pay which may be granted under sub-clause (c) (i), (ii) and (iii) shall not exceed thirty- seven decimal five (37.5) hours in a fiscal year. ** (d) Seven decimal five (7.5) hours out of thirty-seven decimal five (37.5) hours stipulated in clause 19.16 (c) above may be used: (i) to attend school functions, if the supervisor was notified of the functions as far in advance as possible; (ii) to provide for the employee’s child in the case of an unforeseeable closure of the school or daycare facility; (iii) to attend an appointment with a legal or paralegal representative for non- employment related matters, or with financial or other professional representative, if the supervisor was notified of the appointment as far in advance as possible. (e) Where, in respect of any period of compensatory leave, an employee is granted leave with pay for illness in the family under sub-paragraph (b) (ii) above, on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period, if requested by the employee and approved by the Council, or reinstated for use at a later date.
Liability for Acts or Omissions of Third Parties Neither BellSouth nor Mpower shall be liable for any act or omission of another telecommunications company providing a portion of the services provided under this Agreement.