Common use of EXCLUSIONS FROM SERVICE Clause in Contracts

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)