Common use of Effective Date, Duration and Termination Clause in Contracts

Effective Date, Duration and Termination. With respect to any Fund, this Agreement shall become effective upon the earlier of: (i) the date such Fund is identified on Exhibit C, as amended from time-to-time; or (ii) the availability of any Fund to any of the Channels. Any amendment to Exhibit C may be delivered to Fund/Agent via electronic means. Such amendment shall be effective on the date stated in such amendment. The acceptance by Fund/Agent of any order after the date stated in such amendment shall represent Fund/Agent’s acceptance of such amendment. The Fund/Agent represents that prior to the effective date, if the Fund or the Fund’s Board of Trustees requires any approval of this Agreement, such approval has been obtained. If the Fund or its Board of Trustees requires any periodic approval of this Agreement, such approval has been or shall be obtained. This Agreement shall continue in force for one year and, thereafter, shall remain in full force and effect for successive annual periods, unless earlier terminated in keeping with the provisions of the paragraph below. Notwithstanding any provision hereof to the contrary, the provisions of Sections II, III and 1V of this Article Three shall survive the termination of the Agreement. This Agreement is terminable as to any Fund by any party upon 90 days written notice thereof to the other parties or upon material breach hereof provided that such material breach shall not terminate this Agreement to the extent the party in material breach has been notified of such material breach by the counterparty and the party in material breach cures such material breach within 10 business days of such notice. Notwithstanding termination of this Agreement as to any Fund, Fund/Agent will remain obligated to pay any applicable fee as to each share of such Fund that was considered in the calculation of the fee as of the date of such termination, for so long as such share is held in the FBS, Correspondent or FIIOC account. This Agreement, or any provision hereof, shall survive termination to the extent necessary for each party to perform its obligations with respect to Shares for which a fee continues to be due subsequent to such termination.

Effective Date, Duration and Termination. With respect to any Fund, this 9.1 This Agreement shall become effective upon the earlier of: (i) the date such Fund is identified on Exhibit C, as amended from time-to-time; or (ii) the availability of any Fund to any of the Channels. Any amendment to Exhibit C may be delivered to Fund/Agent via electronic means. Such amendment shall be effective on as of the date stated first appearing herein and, unless terminated as hereinafter provided, shall remain in such amendmenteffect for ten (10) years from the Commencement of Commercial Production, and shall be automatically renewed thereafter for consecutive one (1) year terms, subject to either party’s six months` written notice of termination effective as of the expiration of the original or any renewal term. The acceptance by Fund/Agent Upon the expiration of any order after the date stated in such amendment shall represent Fund/Agent’s acceptance this Agreement or prior termination (as provided below) of such amendment. The Fund/Agent represents that prior to the effective date, if the Fund this Agreement or the Fund’s Board licenses granted hereunder, the provisions of Trustees requires any approval of this Agreement, such approval has been obtained. If the Fund or its Board of Trustees requires any periodic approval of this Agreement, such approval has been or shall be obtained. This Agreement shall continue in force for one year and, thereafter, Article VIII above shall remain in full force and effect effect. 9.2 In the event that Licensee shall at any time fail to make payments, render reports, or otherwise abide by any material conditions of this Agreement, Licensor shall have the right to notify Licensee of such default and that it intends to terminate this Agreement unless such default is corrected. Unless such default shall be corrected by Licensee within thirty (30) days from receipt by it of such notice, Licensor shall be entitled to terminate this Agreement and the licenses granted by Licensor under Articles II and V hereof, by written notice of such termination to Licensee at any time after the end of said thirty (30) day period while said default continues. In the case of any default which would require more than thirty (30) days to correct Licensee need only commence in good faith to correct such default within the foregoing thirty (30) day period. 9.3 Neither party hereto shall be responsible for successive annual periodsfailure or delay in performing any of its obligations hereunder due to causes beyond its control. These causes shall include but not be restricted to fire, unless earlier terminated storm, flood, earthquake, explosion, accidents, war, rebellion, insurrection, sabotage, epidemic, quarantine, embargoes, or failure or delays in keeping with transportation, or acts of God (each such event shall be deemed a “Force Majeure”). If the provisions Performance of any of the paragraph below. Notwithstanding any provision hereof to the contraryobligations of either party is rendered impossible, hindered, or delayed by a Force Majeure for a period exceeding six (6) consecutive months, the provisions parties shall consult each other as to mutually agreeable effective means of Sections IIovercoming the applicable Force Majeure, III and 1V but if they shall fail to achieve a solution or if consultation shall be impracticable, then either party may refer the situation to arbitration in accordance with Sec. 10.2 below. 9.4 Termination of this Article Three shall survive the termination Agreement, or of the Agreement. This Agreement is terminable as to rights and license herein granted, for any Fund cause and by any party upon 90 days written notice thereof shall be without prejudice to the other parties or upon material breach hereof provided that such material breach shall not terminate this Agreement remedy of Licensor to the extent the party in material breach has been notified of such material breach by the counterparty sue for and the party in material breach cures such material breach within 10 business days of such notice. Notwithstanding termination of this Agreement as recover any Royalty due up to any Fund, Fund/Agent will remain obligated to pay any applicable fee as to each share of such Fund that was considered in the calculation of the fee as of the date of such termination, for so long as such share is held in the FBS, Correspondent or FIIOC account. This Agreement, or any provision hereof, shall survive termination and without prejudice to the extent necessary for each remedy of either party to perform its obligations with hereto against the other in respect to Shares for which a fee continues to be due any previous or subsequent to such terminationbreach of any of the covenants and conditions herein contained.

Effective Date, Duration and Termination. With respect to any Fund, this Agreement shall become effective upon the earlier of: (i) the date such Fund is identified on Exhibit C, as amended from time-to-time; or (ii) or the availability of any Fund to any of the Channels. Any amendment to Exhibit C may be delivered to Fund/Agent via electronic means. Such amendment shall be effective on the date stated in such amendment. The acceptance by Fund/Agent of any order after the date stated in such amendment shall represent Fund/Agent’s acceptance of such amendment. The Fund/Agent represents that prior to the effective date, if the Fund or the Fund’s Board of Trustees requires any approval of this Agreement, such approval has been obtained. If the Fund or its Board of Trustees requires any periodic approval of this Agreement, such approval has been or shall be obtained. This Agreement shall continue in force for one year and, thereafter, shall remain in full force and effect for successive annual periods, unless earlier terminated in keeping with the provisions of the paragraph below. Notwithstanding any provision hereof to the contrary, the provisions of Sections II, III and 1V IV of this Article Three shall survive the termination of the Agreement. This Agreement is terminable as to any Fund by any party upon 90 days written notice thereof to the other parties or upon material breach hereof provided that such material breach shall not terminate this Agreement to the extent the party in material breach has been notified of such material breach by the counterparty and the party in material breach cures such material breach within 10 business days of such notice. Notwithstanding After the date of termination of this Agreement as to any Fund, Fund/Agent no fee will be due with respect to any Shares of such Fund that are first placed or purchased in Client accounts after the date of such termination. However, notwithstanding any such termination, Adviser will remain obligated to pay any applicable the fee as to each share Share of such Fund that was considered in the calculation of the fee as of the date of such termination, for so long as such share Share is held in the FBS, Correspondent or FIIOC account. This Agreement, or any provision hereof, shall survive termination to the extent necessary for each party to perform its obligations with respect to Shares for which a fee continues to be due subsequent to such termination.

Effective Date, Duration and Termination. With respect to any Fund, this This Agreement shall become effective upon the earlier of: (i) the date such Fund is identified on Exhibit C, as amended from time-to-time; or (ii) the availability of any Fund to any of the Channels. Any amendment to Exhibit C may be delivered to Fund/Agent via electronic means. Such amendment shall be effective on the date stated in such amendment. The acceptance by Fund/Agent of any order after the date stated in such amendment shall represent Fund/Agent’s acceptance of such amendment. The Fund/Agent represents that prior to the effective date, if the Fund or the Fund’s Board of Trustees requires any approval of this Agreement, such approval has been obtained. If the Fund or its Board of Trustees requires any periodic approval of this Agreement, such approval has been or shall be obtained. This Agreement shall continue in force for one year and, thereafter, March and shall remain in full force and effect until midnight February and shall continue in effect thereafter from year to year for successive annual periodsfurther periods of one year each unless either party shall have given written notice of termination or written notice of proposals for amendment to the other party prior to, unless earlier terminated in keeping but no more than ninety (90 ) days prior to the expiration date or any yearly period thereafter. In the event of written notice of termination or proposals for amendment having been given by either party herein provided, negotiations shall be proceeded with during the notice period with a view to completing a new Agreement. Should such negotiations extend beyond the expiration date, this Agreement shall not expire, but shall continue full force and effect accordance with The Labour Relations Act of Ontario, until a new agreement entered into by the parties, whichever date shall occur first. It understood that amendment of the Pension Agreement, accordance with this Agreement, subject to the approval of the Board of Directors and the Shareholders of the Company, subject to obtaining and retaining such acceptance of the Pension Agreement by such Pension authorities and commissions and other supervisory. bodies as the Company may deem necessary and subject to obtaining and retaining such acceptance of this Agreement by the relevant tax authorities as the Company is entitled to deduct the amount of its contributions to the Pension Funds an expense before taxes under the provisions of the paragraph below. Notwithstanding Income Tax Act, or any provision hereof to the contraryother applicable tax laws, as now in effect or as hereafter amended or adopted, the provisions of Sections II, III and 1V of this Article Three shall survive company agrees with the termination of Union that the Agreement. This Agreement is terminable as Company will provide the pensions provided for herein which are awarded to any Fund by any party upon 90 days written notice thereof to those who become eligible therefore during the other parties or upon material breach hereof provided that such material breach shall not terminate this Agreement to the extent the party in material breach has been notified of such material breach by the counterparty and the party in material breach cures such material breach within 10 business days of such notice. Notwithstanding termination term of this Agreement as to any Fund, Fund/Agent will remain obligated to pay any applicable fee as to each share of such Fund that was considered in the calculation of the fee as of the date of such termination, for so long as such share is held in the FBS, Correspondent or FIIOC account. This Agreement, or any provision renewal hereof, shall survive termination to the extent necessary for each party to perform its obligations with respect to Shares for which a fee continues to be due subsequent to such termination.

Effective Date, Duration and Termination. With respect to any Fund, this Agreement shall become effective upon the earlier of: (i) the date such Fund is identified on Exhibit C, as amended from time-to-time; or (ii) the availability of any Fund to any of the Channels. Any amendment to Exhibit C may be delivered to Fund/Agent via electronic means. Such amendment shall be effective on means with advance notice that is reasonably sufficient for Fund/Agent to object to the date stated in adoption of such amendment. The acceptance by Fund/Agent of any order after the date stated in such amendment shall represent Fund/Agent’s acceptance of such amendment. The Fund/Agent represents that prior to the effective date, if the Fund or the Fund’s Board of Trustees requires any approval of this Agreement, such approval has been obtained. If the Fund or its Board of Trustees requires any periodic approval of this Agreement, such approval has been or shall be obtained. This Agreement shall continue in force for one year and, thereafter, shall remain in full force and effect for successive annual periods, unless earlier terminated in keeping with the provisions of the paragraph below. Notwithstanding any provision hereof to the contrary, the provisions of Sections II, III and 1V IV of this Article Three shall survive the termination of the Agreement. This Agreement is terminable as to any Fund by any party upon 90 days written notice thereof to the other parties or upon material breach hereof provided that such material breach shall not terminate this Agreement to the extent the party in material breach has been notified of such material breach by the counterparty and the party in material breach cures such material breach within 10 business days of such notice. Notwithstanding After the date of termination of this Agreement as to any Fund, no fee will be due with respect to any shares of such Fund that are first placed or purchased in Client accounts after the date of such termination. However, notwithstanding any such termination, Fund/Agent will remain obligated to pay any applicable the fee as to each share of such Fund that was considered in the calculation of the fee as of the date of such termination, for so long as such share is held in the FBS, FBS or Correspondent or FIIOC account. This Agreement, or any provision hereof, shall survive termination to the extent necessary for each party to perform its obligations with respect to Shares for which a fee continues to be due subsequent to such termination.

Effective Date, Duration and Termination. With respect to any Fund, this 11.1 This Agreement shall become effective upon not enter into effect until all Government Approvals for the earlier of: (i) the date such Fund is identified on Exhibit C, as amended from timein-to-time; or (ii) the availability of any Fund to any of the Channels. Any amendment to Exhibit C may be delivered to Fund/Agent via electronic means. Such amendment shall be effective on the date stated in such amendment. The acceptance kind investment by Fund/Agent of any order after the date stated in such amendment shall represent Fund/Agent’s acceptance of such amendment. The Fund/Agent represents that prior to the effective date, if the Fund or the Fund’s Board of Trustees requires any approval of this Agreement, such approval has VaxGen have been obtained. If the Fund or its Board of Trustees requires any periodic approval of this Agreement, such approval has been or shall be obtained. . 11.2 This Agreement shall continue in force for one year and, thereafter, shall remain in full force and effect for successive annual periods, unless earlier until terminated in keeping with pursuant to the provisions of this Agreement or by mutual agreement of the paragraph belowParties hereto. Notwithstanding If any provision hereof Party transfers all of its shares in the JVC in accordance with the terms and conditions of this Agreement, then all Parties shall be entitled to adequate continuing protection with respect to the contrary, proprietary information of said Party in any resulting termination agreement. 11.3 This Agreement shall be terminable forthwith by any Party upon sending written notice upon the provisions occurrence of Sections II, III and 1V of this Article Three shall survive the termination one or more of the Agreement. This Agreement is terminable as to any Fund by any party upon 90 days written notice thereof to the other parties or upon material breach hereof provided that such material breach shall not terminate this Agreement to the extent the party in material breach has been notified of such material breach by the counterparty and the party in material breach cures such material breach within 10 business days of such notice. Notwithstanding termination following events: (a) if Government Approval of this Agreement has not been obtained within six months of the date this Agreement is executed by the Parties hereto or if any subsequent enactment of law or regulation or any subsequent act of governmental authority in Korea shall, in the reasonable opinion of such Party, (i) make performance of this Agreement impossible or unreasonably expensive or unreasonably difficult for such Party, (ii) alter the rights and obligations of the Parties from those agreed and contemplated by this Agreement, or (iii) interfere with the benefits contemplated herein to be received by such Party; (b) if any other Party shall commit a material breach of any of its obligations under this Agreement, which, if remediable, is not remedied within sixty (60) days from the giving of written notice requiring said breach to be remedied; (c) if any of the Transaction Documents is not duly executed within three (3) months of the incorporation of the JVC, or if all required confirmations, acceptances and consents of third parties and Government Approvals for the Transaction Documents, if necessary, are not obtained (in form and substance acceptable to the Parties) within three (3) months of the execution of the Transaction Documents; (d) if any other Party shall be or becomes incapable for a period of six (6) months of performing any of its said obligations under this Agreement because of force majeure as to defined in Article 17 hereof; or (e) if any Fundother Party (“Embarrassed Party”) or its creditors or any other eligible party shall file for said Embarrassed Party's liquidation, Fund/Agent will remain obligated bankruptcy, reorganization, compulsory composition, or dissolution, or if the Embarrassed Party is unable to pay any applicable fee debts as to each share they become due, has explicitly or implicitly suspended payment of such Fund that was considered any debts as they became due (except debts contested in good faith), or if the calculation creditors of the fee as Embarrassed Party have taken over its management, or if the relevant financial institutions have suspended the Embarrassed Party's clearing house privileges, or if any material or significant part of the date of such terminationEmbarrassed Party's undertaking, for so long as such share is held in the FBS, Correspondent or FIIOC account. This Agreementproperty, or assets shall be intervened in, expropriated, or confiscated by action of any provision hereofgovernment. 11.4 If the License Agreement is terminated by VaxGen pursuant to Articles 9.2 and 9.3 therein, this Agreement shall survive termination to the extent necessary for each party to perform its obligations with respect to Shares for which a fee continues to be due subsequent terminable forthwith by VaxGen sending written notice to such terminationeffect.