EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later of the date on which the Trust's Registration Statement relating to the Shares of the Fund or Class becomes effective or the date of the commencement of operations of the Fund or Class. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Funds. (b) This Agreement shall continue in effect with respect to a Fund until terminated; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust). (c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 days' written notice to Forum or (ii) by Forum on 60 days' written notice to the Trust. The obligations of Sections 3 and 4 shall survive any termination of this Agreement. (d) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the Trust except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 12 contracts
Sources: Fund Accounting Agreement (Forum Funds), Administration Agreement (Forum Funds), Fund Accounting Agreement (Forum Funds)
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later of the date on which the Trust's Registration Statement relating to the Shares of the Fund or Class becomes effective or the date of the commencement of operations of the Fund or Classeffective. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Funds.
(b) This Agreement shall continue in effect with respect to a Fund until terminated; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust).
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 days' written notice to Forum or (ii) by Forum on 60 days' written notice to the Trust. The obligations of Sections 3 and 4 shall survive any termination of this Agreement.
(d) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the Trust except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 8 contracts
Sources: Administration Agreement (Forum Funds), Administration Agreement (Forum Funds), Administration Agreement (Forum Funds)
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later of the date on which the Trust's Registration Statement relating to the Shares of the Fund indicated above or Class becomes effective or the date of the commencement of operations of the Fund or Classsuch time FFS commences providing services under this Agreement, whichever is later. Upon effectiveness of this Agreement, it this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate parties, whether oral or written relating to the FundsTrust.
(b) This Agreement shall continue in effect with respect to a Fund until terminated; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust).
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 sixty (60) days' written notice to Forum FFS or (ii) by Forum FFS on 60 sixty (60) days' written notice to the Trust.
(d) The provisions of this Agreement related to services described in Sections 2(a), (b), (c) or (d) may be terminated at any time by the Board, effective upon written notice to FFS, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. The obligations In the event of termination of Sections 3 2(a), (b), (c) or (d), the parties will mutually agree upon the fees payable to FFS.
(e) The provisions of Sections 3, 6(d), 6(e), 7, 8, 10, 11, and 4 12 shall survive any termination of this Agreement.
(df) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum FFS or the Trust except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 3 contracts
Sources: Compliance Services Agreement (Monarch Funds), Compliance Services Agreement (Forum Funds), Compliance Services Agreement (Forum Funds)
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later date hereof or, with respect to additional series of the date on Trust to which the Trust's Registration Statement relating to the Shares this agreement shall apply by amendment of the Fund or Class becomes effective or Appendix A, upon the date of the commencement of operations of the Fund or Classsuch amendment. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Funds.
(b) This Agreement shall continue in effect with respect to a Fund until terminatedfor a period of one year from its effectiveness and shall continue in effect for successive one year periods; provided, however, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement agreement or interested persons of any such party (other than as Trustees of the Trust); provided further, however, that if the continuation of this agreement is not approved as to a Fund, FAdS may continue to render to the Fund the services described herein in the manner and to the extent permitted by the Act and the rules and regulations thereunder.
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty penalty, (i) by the Board on 60 days' written notice to Forum FAdS or (ii) by Forum FAdS on 60 days' written notice to the Trust. The obligations of Sections 3 and 4 shall survive any termination of this Agreement.
(d) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum FAdS or the Trust except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 2 contracts
Sources: Administration Agreement (Norwest Select Funds), Administration Agreement (Norwest Advantage Funds /Me/)
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later of the date on which the Trust's Registration Statement relating to the Shares of the Fund or Class becomes effective or the date of the commencement of operations of the Fund or Classfirst written above. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Funds.
(b) This Agreement shall continue in effect with respect to a Fund until terminated; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust).
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 ninety (90) days' written notice to Forum Citigroup or (ii) by Forum Citigroup on 60 ninety (90) days' written notice to the Trust. .
(d) The obligations provisions of Sections 3 3, 5(b), 6(d), 6(e), 8, 9, 13, 15(a) and 4 15(i) shall survive any termination of this Agreement.
(de) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum Citigroup or the Trust except by the specific written consent of the other party. All If the parties to this Agreement consent to assignment of all or any part of this Agreement, all terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 2 contracts
Sources: Services Agreement (Ironwood Series Trust), Services Agreement (Ironwood Series Trust)
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later of the date on which the Trust's Registration Statement relating to the Shares of the Fund or Class becomes effective or the date of the commencement of operations of the Fund or Class. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Funds.
(b) This Agreement shall continue in effect with respect to a Fund until terminatedfor a period of one year and shall continue in effect for successive one year periods; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust).
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 days' written notice to Forum or (ii) by Forum on 60 days' written notice to the Trust. The obligations of Sections 3 and 4 shall survive any termination of this Agreement.
(d) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the Trust except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 2 contracts
Sources: Fund Accounting Agreement (Norwest Advantage Funds /Me/), Fund Accounting Agreement (Norwest Select Funds)
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later of the date on which the Trust's Registration Statement relating to the Shares of the Fund or Class becomes effective or the date of the commencement of operations of the Fund or Class. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Funds.
(b) This Agreement shall continue in effect with respect to a Fund until terminatedterminatedfor a period of one year from its effectiveness and shall continue in effect for successive one year periods; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust).
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 days' written notice to Forum or (ii) by Forum on 60 days' written notice to the Trust. The obligations of Sections 3 and 4 shall survive any termination of this Agreement.
(d) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the Trust except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 2 contracts
Sources: Fund Accounting Agreement (Memorial Funds), Fund Accounting Agreement (Cutler Trust)
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class Portfolio on June 1, 1997 and shall become effective with respect to Portfolios created after that date on the later of the date on which the Trust's Registration Statement relating to the Shares Units of the Fund or Class Portfolio becomes effective or the date of the commencement of operations of the Fund or ClassPortfolio . Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the FundsPortfolios.
(b) This Agreement shall continue in effect with respect to a Fund Portfolio until terminated; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust)Board.
(c) This Agreement may be terminated with respect to a Fund Portfolio at any time, without the payment of any penalty (i) by the Board on 60 days' written notice to Forum or (ii) by Forum on 60 days' written notice to the Trust. The obligations of Sections 3 and 4 shall survive any termination of this Agreement.
(d) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the Trust except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 2 contracts
Sources: Portfolio and Unitholder Accounting Agreement (Core Trust /De), Portfolio and Unitholder Accounting Agreement (Core Trust /De)
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later of the date on which the Trust's Registration Statement relating to the Shares of the Fund or Class becomes effective or the date of the commencement of operations of the Fund or Classfirst written above. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Funds.
(b) This Agreement shall continue in effect with respect to a Fund until terminated; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust).
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 sixty (60) days' written notice to Forum or (ii) by Forum on 60 sixty (60) days' written notice to the Trust. .
(d) The obligations provisions of Sections 3 2(d), 3, 5(b), 6(d), 6(e), 8, 9, 13, 14(a) and 4 14(i) shall survive any termination of this Agreement.
(de) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the Trust except by the specific written consent of the other party. All If the parties to this Agreement consent to assignment of all or any part of this Agreement, all terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 2 contracts
Sources: Administration Agreement (Icm Series Trust), Administration Agreement (Icm Series Trust)
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later of the date on which the TrustCorporation's Registration Statement relating to the Shares of the Fund or Class becomes effective or the date of the commencement of operations of the Fund or Class. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Funds.
(b) This Agreement shall continue in effect with respect to a Fund until terminated; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees Directors of the Trust Corporation who are not parties to this Agreement or interested persons of any such party (other than as Trustees Directors of the TrustCorporation).
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 days' written notice to Forum or (ii) by Forum on 60 days' written notice to the TrustCorporation. The obligations of Sections 3 and 4 shall survive any termination of this Agreement.
(d) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the Trust Corporation except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 2 contracts
Sources: Administration Agreement (Tanaka Funds Inc), Fund Accounting Agreement (Tanaka Funds Inc)
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later of the date on which the Trust's Registration Statement relating to the Shares of the Fund or Class becomes effective or the date of the commencement of operations of the Fund or Classfirst written above. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the FundsFund.
(b) This Agreement shall continue in effect with respect to a Fund until terminated; providedterminated and shall be renewed annually, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other first renewal occurring no later than as Trustees of the Trust)September 30, 2007.
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 sixty (60) days' ’ written notice to Forum FCS or (ii) by Forum FCS on 60 sixty (60) days' ’ written notice to the TrustFund; provided, however, that the Board will have the right and authority to terminate the Fund’s relationship with the CCO at any time, with or without cause.
(d) Should the person acting as CCO be terminated by FCS, the Board retains the right to terminate the CCO as the Fund’s CCO as described in (c) above. In this case, FCS will provide a temporary CCO until a new, permanent one is found.
(e) The obligations provisions of Sections 3 2(d), 3, 5(b), 6(e), 6(f), 8, 9, 13, 14(a) and 4 14(i) shall survive any termination of this Agreement.
(df) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum FCS or the Trust Fund except by the specific written consent of the other party. All If the parties to this Agreement consent to assignment of all or any part of this Agreement, all terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 1 contract
Sources: Compliance Services Agreement (Access Capital Strategies Community Investment Fund Inc/Ma)
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date hereof and, with respect to each new Fund or Class referred to in Section 7, on the later earlier of the date on which the Trust's Registration Statement relating to the Shares of the such Fund or Class becomes effective or the date of the commencement of operations of the Fund or Class. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Funds.
(b) This Agreement shall continue in effect with respect to a each Fund and Class until terminated; providedDecember 31, that continuance is specifically approved at least annually 2002 (ithe "Initial Term") by the Board and shall continue in effect thereafter for successive one-year periods unless earlier terminated in accordance with this Section or by a vote of a majority of the outstanding voting securities of until the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust)Class ceases operations.
(c) In the event that the Trust elects to terminate this Agreement prior to December 31, 2004, pursuant to this Section 6, the Trust shall pay Allfirst twelve (the "multiplier") times the monthly average fees due to Allfirst under this Agreement ("Termination Fee") (calculated based on the last three months prior to the date of termination). The multiplier shall be reduced one-twelfth for each full calendar quarter after December 31, 2001 that expires. The Termination Fee shall be due as of the last day this Agreement is effective.
(d) This Agreement may be terminated with respect to a Fund any or all Funds at any timetime after the date that is 90 days prior to the expiration of the Initial Term, without the payment of any penalty (i) by the Board Trust on 60 90 days' written notice to Forum Allfirst or (ii) by Forum Allfirst on 60 90 days' written notice to the Trust. .
(e) The obligations provisions of Sections 3 2(d), 3, 5, 6(d), 6(e), 8, 9, 10, 12, and 4 13 shall survive any termination of this Agreement.
(df) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the Trust except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of of, and be enforceable by the respective successors and assigns of the parties hereto.
(g) This Agreement and the rights and duties under this Agreement may not be assigned by either party except by the specific written consent of the other party.
Appears in 1 contract
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later of the date on which the Trust's Registration Statement relating to the Shares of the Fund or Class becomes effective or the date of the commencement of operations of the Fund or Class. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Funds.
(b) This Agreement shall continue in effect with respect to a Fund until terminated; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust).
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 days' written notice to Forum or (ii) by Forum on 60 days' written notice to the Trust. The obligations of Sections 3 and and 4 shall survive any termination of this Agreement.
(d) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the Trust except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 1 contract
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later of the date on which the Trust's Registration Statement relating to the Shares of the Fund or Class becomes effective or the date of the commencement of operations of the Fund or Class. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Funds.
(b) This Agreement shall continue in effect with respect to a Fund until terminatedfor a period of one year from its effectiveness and shall continue in effect for successive one year periods; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust).
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 days' written notice to Forum or (ii) by Forum on 60 days' written notice to the Trust. The obligations of Sections 3 and 4 shall survive any termination of this Agreement.
(d) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the Trust except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 1 contract
Sources: Fund Accounting Agreement (Norwest Advantage Funds /Me/)
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later earlier of the date on which the Trust's Registration Statement relating to the Shares of the Fund or Class becomes effective or effective, the date of the commencement of operations of the Fund or Class or the date that Forum commences parallel pricing of the common/collective trust fund assets scheduled to be reorganized into the Fund or Class. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Funds.
(b) This Agreement shall continue in effect with respect to a Fund until terminated; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust).
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 sixty (60) days' written notice to Forum or (ii) by Forum on 60 sixty (60) days' written notice to the Trust. .
(d) The obligations provisions of Sections 3 2(c), 3, 5, 6(d), 6(e), 8, 9, 10, 12, and 4 13 shall survive any termination of this Agreement.
(de) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the Trust except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 1 contract
Sources: Fund Accounting and Financial Sub Administration Agreement (Stratevest Funds)
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later of the date on which the Trust's Registration Statement relating to the Shares of the Fund or Class becomes effective or the date of the commencement of operations of the Fund or Classfirst written above. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Funds.
(b) This Agreement shall continue in effect with respect to a Fund until terminated; providedterminated and shall be renewed annually, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other first renewal occurring no later than as Trustees of the Trust)February 28, 2006.
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 sixty (60) days' written notice to Forum FFS or (ii) by Forum FFS on 60 sixty (60) days' written notice to the Trust; provided, however, that the Board will have the right and authority to terminate the Trust's relationship with the CCO at any time, with or without cause.
(d) Should the person acting as CCO be terminated by FFS, the Board retains the right to terminate the CCO as the Trust's CCO as described in (c) above. In this case, FFS will provide a temporary CCO until a new, permanent one is found.
(e) The obligations provisions of Sections 3 2(e), 3, 5(b), 6(e), 6(f), 8, 9, 13, 14(a) and 4 14(i) shall survive any termination of this Agreement.
(df) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum FFS or the Trust except by the specific written consent of the other party. All If the parties to this Agreement consent to assignment of all or any part of this Agreement, all terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 1 contract
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later of the date on which the Trust's Registration Statement relating to the Shares of the Fund or Class becomes effective or the date of the commencement of investment operations of the Fund or Class. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Funds.
(b) This Agreement shall continue in effect with respect to a Fund until terminated; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust).
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 sixty (60) days' written notice to Forum or (ii) by Forum on 60 sixty (60) days' written notice to the Trust. Subject to the immediately preceding sentence, any termination shall be effective as of the date specified in the notice. Upon notice of termination of this Agreement by either party, Forum shall promptly transfer to the successor fund accountant, if any, the original or copies of all books and records maintained by Forum under this Agreement including, in the case of records maintained on computer systems, copies of such records in machine-readable form, and shall cooperate with, and provide reasonable assistance to, the successor transfer agent in the establishment of the books and records necessary to carry out the successor fund accountant's responsibilities.
(d) The obligations provisions of Sections 3 2(a), 2(c), 3, 5, 6(d), 6(e), 8, 12, and 4 13 shall survive any termination of this Agreement.
(de) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the Trust except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 1 contract
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later of the date on which the Trust's Registration Statement relating to the Shares of the Fund indicated above or Class becomes effective or the date of the commencement of operations of the Fund or Classsuch time Forum commences providing services under this Agreement, whichever is later. Upon effectiveness of this Agreement, it this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate parties, whether oral or written relating to the FundsFund.
(b) This Agreement shall continue in effect with respect to a Fund until terminated; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust).
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 sixty (60) days' ’ written notice to Forum or (ii) by Forum on 60 sixty (60) days' ’ written notice to the TrustFund. The obligations parties understand that ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ shall serve as Forum’s Relationship Manager to the Fund pursuant to a consulting agreement between Forum and ▇▇. ▇▇▇▇▇▇▇▇ (the "Consulting Agreement") and agree that ▇▇. ▇▇▇▇▇▇▇▇ is an agent of and under the control and supervision of Forum in connection with any services he renders to the Fund under this Agreement. Forum agrees to provide the Fund with prompt notice (within five Fund business days) of the termination of the Consulting Agreement.
(d) The provisions of Sections 3 2(d), 3, 5, 6(d), 6(e), 7, 8, 10, 11, and 4 12 shall survive any termination of this Agreement.
(de) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the Trust Fund except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 1 contract
Sources: Administration Agreement (Swiss Helvetia Fund, Inc.)
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later of the date on which the Trust's Registration Statement relating to the Shares of the Fund or Class becomes effective or the date of the commencement of operations of the Fund or Classfirst written above. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Funds.
(b) This Agreement shall continue in effect with respect to a Fund until terminated; providedterminated and shall be renewed annually, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other first renewal occurring no later than as Trustees of the Trust)February 28, 2006.
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 sixty (60) days' written notice to Forum FCS or (ii) by Forum FCS on 60 sixty (60) days' written notice to the Trust; provided, however, that the Board will have the right and authority to terminate the Trust's relationship with the CCO at any time, with or without cause.
(d) Should the person acting as CCO be terminated by FCS, the Board retains the right to terminate the CCO as the Trust's CCO as described in (c) above. In this case, FCS will provide a temporary CCO until a new, permanent one is found.
(e) The obligations provisions of Sections 3 2(e), 3, 5(b), 6(e), 6(f), 8, 9, 13, 14(a) and 4 14(i) shall survive any termination of this Agreement.
(df) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum FCS or the Trust except by the specific written consent of the other party. All If the parties to this Agreement consent to assignment of all or any part of this Agreement, all terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 1 contract
Sources: Compliance Services Agreement (Ironwood Series Trust)
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class Portfolio on June 1, 1997 and shall become effective with respect to Portfolios created after that date on the later of the date on which the Trust's Registration Statement relating to the Shares Units of the Fund or Class Portfolio becomes effective or the date of the commencement of operations of the Fund or ClassPortfolio. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the FundsPortfolios.
(b) This Agreement shall continue in effect with respect to a Fund Portfolio until terminated; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust)Board.
(c) This Agreement may be terminated with respect to a Fund Portfolio at any time, without the payment of any penalty (i) by the Board on 60 days' written notice to Forum or (ii) by Forum on 60 days' written notice to the Trust. The obligations of Sections 3 and 4 shall survive any termination of this Agreement.
(d) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the Trust except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 1 contract
Sources: Portfolio and Unitholder Accounting Agreement (Core Trust /De)
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later of the date on which the Trust's Registration Statement relating to the Shares of the Fund or Class becomes effective or the date of the commencement of operations of the Fund or Class. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Funds.
(b) This Agreement shall continue in effect with respect to a Fund until terminated; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust).
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 days' written notice to Forum or (ii) by Forum on 60 days' written notice to the Trust. The obligations of Sections 3 3, 4 and 4 7 shall survive any termination of this Agreement.
(d) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the Trust except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 1 contract
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later of the date on which the Trust's Registration Statement relating to the Shares of the Fund or Class becomes effective or the date of the commencement of operations of the Fund or Classfirst written above. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the FundsFund, to include the agreement between the parties dated January 22, 2007.
(b) This Agreement shall continue in effect with respect to a Fund until terminated; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust).
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 sixty (60) days' ’ written notice to Forum Foreside or (ii) by Forum ▇▇▇▇▇▇▇▇ on 60 sixty (60) days' ’ written notice to the TrustFund; provided, however, that the Board will have the right and authority to terminate the Fund’s relationship with the CCO at any time, with or without cause.
(d) Should the person acting as CCO be terminated by Foreside, the Board retains the right to terminate the CCO as the Fund’s CCO as described in (c) above. In this case, Foreside will provide a temporary CCO until a new, permanent one is found.
(e) The obligations provisions of Sections 3 and 4 2(d), 3, 5(b), 6(e), 6(f), 7, 8, and12(a) shall survive any termination of this Agreement.
(df) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum Foreside or the Trust Fund except by the specific written consent of the other party. All If the parties to this Agreement consent to assignment of all or any part of this Agreement, all terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 1 contract
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later of the date on which the Trust's Registration Statement relating to the Shares shares of the Fund or Class becomes effective or the date of the commencement of operations of the Fund or Class. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Funds.
(b) . This Agreement shall continue in effect with respect to a Fund until terminated; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than terminated as Trustees of the Trust).
(c) provided for herein. This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty penalty: (i) by the Board on 60 days' written notice to Forum Forum, or (ii) by Forum on 60 days' written notice to the Trust. The obligations of Sections 3 and 4 shall survive any termination of this Agreement.
(d) . This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the Trust except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 1 contract
Sources: Fund Accounting Agreement (Schroder Series Trust Ii)
EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the later earlier of the date on which the Trust's Registration Statement relating to the Shares of the Fund or Class becomes effective or the date of the commencement of investment operations of the Fund or Class. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Funds.
(b) This Agreement shall continue in effect with respect to a Fund until terminated; provided, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust).
(c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on 60 sixty (60) days' written notice to Forum or (ii) by Forum on 60 sixty (60) days' written notice to the Trust. Subject to the immediately preceding sentence, any termination shall be effective as of the date specified in the notice. Upon notice of termination of this Agreement by either party, Forum shall promptly transfer to the successor transfer agent, if any, the original or copies of all books and records maintained by Forum under this Agreement including, in the case of records maintained on computer systems, copies of such records in machine-readable form, and shall cooperate with, and provide reasonable assistance to, the successor transfer agent in the establishment of the books and records necessary to carry out the successor transfer agent's responsibilities.
(d) The obligations provisions of Sections 3 2(d), 3, 5, 6(d), 6(e), 8, 12, and 4 13 shall survive any termination of this Agreement.
(de) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the Trust Administrator except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.
Appears in 1 contract