Common use of Further Termination Clause in Contracts

Further Termination. The Trust may terminate this Agreement in whole or in part (for example, as to any Fund) prior to the expiration of any Renewal Term in the event: (i) that Bank fails to meet the criteria defined in each of six (6) separate Key Performance Indicators, each for four consecutive months, in any rolling twelve month period. For avoidance of doubt, this right shall only apply if the failure by the Bank to meet the Service Level as defined in the relevant KPI is not (a) the result of force majeure, (b) caused by the Trust or a direct result of a specific request by the Trust, (c) a direct result of a specific request by a duly authorized agent of the Trust, (d) caused by a third party other than an agent of Bank or (e) the result of agreement by the Parties; (ii) of a material breach of a material provision of the Agreement; (iii) the Board of the Fund votes to liquidate the Fund and terminate its registration with the Securities and Exchange Commission other than in connection with a merger or acquisition of the Fund or the Fund's investment adviser; or

Further Termination. The Trust may terminate this Agreement in whole or in part (for example, as to any Fund) prior to the expiration of any Renewal Term in the event: (i) that Bank fails to meet the criteria defined in each of six (6) separate Key Performance Indicators, each for four consecutive months, in any rolling twelve month period. For avoidance of doubt, this right shall only apply if the failure by the Bank to meet the Service Level as defined in the relevant KPI is not (a) the result of force majeure, (b) caused by the Trust or a direct result of a specific request by the Trust, (c) a direct result of a specific request by a duly authorized agent of the Trust, (d) caused by a third party other than an agent of Bank or (e) the result of an agreement by the Parties; (ii) of a material breach of a material provision of the Agreement; (iii) the Board of the Fund votes to liquidate the Fund and terminate its registration with the Securities and Exchange Commission other than in connection with a merger or acquisition of the Fund or the Fund's investment adviser; or