EXCLUSIONS FROM SERVICE. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include and Manager will not be responsible for any of the following: (1) all brokers' commissions, issue and transfer taxes, and other costs chargeable to the Fund or the Portfolio(s) in connection with securities transactions to which the Fund or the Portfolio(s) is a party or in connection with securities owned by the Fund or the Portfolio(s); (2) the interest on indebtedness, if any, incurred by the Fund or the Portfolio(s); (3) the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund or the Portfolio(s) to federal, state, county, city, or other governmental agents; (4) the expenses, including fees and disbursements of counsel, in connection with litigation by or against the Fund or the Portfolio(s); and (5) any other extraordinary expense of the Fund or Portfolio(s).
Appears in 2 contracts
Sources: Operating Services Agreement (Atc Funds Inc), Operating Services Agreement (Avalon Funds Inc)