Governing Law and Arbitration. (a) This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflicts of laws principles thereof, and (b) any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the 1940 Act, shall be resolved by reference to such term or provision of the 1940 Act and to interpretation thereof, if any, by the United States courts or in the absence of any controlling decision of any such court, by rules, regulations or orders of the Securities and Exchange Commission issued pursuant to said 1940 Act. In addition, where the effect of a requirement of the Act reflected in any provision of this Agreement is revised by rule, regulation or order of the Securities and Exchange Commission, such provision shall be deemed to incorporate the effect of such rule, regulation or order. (b) Subject to the conditions and exceptions noted below, and to the extent not inconsistent with applicable law, in the event of any dispute pertaining to this Agreement, Trader and Adviser agree to submit the dispute to arbitration in accordance with the auspices and rules of the American Arbitration Association (“AAA”), provided that the AAA accepts jurisdiction. Trader and Adviser understand that such arbitration shall be final and binding, and that by agreeing to arbitration, Adviser and Trader are waiving their respective rights to seek remedies in court, including the right to a jury trial.
Appears in 10 contracts
Sources: Subsidiary Futures Trading Advisory Agreement (Tidal Trust II), Subsidiary Futures Trading Advisory Agreement (Tidal Trust II), Subsidiary Futures Trading Advisory Agreement (Tidal Trust II)
Governing Law and Arbitration. (a) This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflicts of laws principles thereof, and (b) any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the 1940 Act, shall be resolved by reference to such term or provision of the 1940 Act and to interpretation thereof, if any, by the United States courts or in the absence of any controlling decision of any such court, by rules, regulations or orders of the Securities and Exchange Commission issued pursuant to said 1940 Act. In addition, where the effect of a requirement of the Act reflected in any provision of this Agreement is revised by rule, regulation or order of the Securities and Exchange Commission, such provision shall be deemed to incorporate the effect of such rule, regulation or order.
(b) Subject to the conditions and exceptions noted below, and to the extent not inconsistent with applicable law, in the event of any dispute pertaining to this Agreement, Trader Trading Advisor and Adviser agree to submit the dispute to arbitration in accordance with the auspices and rules of the American Arbitration Association (“AAA”), provided that the AAA accepts jurisdiction. Trader Trading Advisor and Adviser understand that such arbitration shall be final and binding, and that by agreeing to arbitration, Adviser and Trader Trading Advisor are waiving their respective rights to seek remedies in court, including the right to a jury trial.
Appears in 4 contracts
Sources: Subsidiary Futures Trading Advisory Agreement (Tidal Trust III), Futures Trading Advisory Agreement (Tidal Trust II), Subsidiary Futures Trading Advisory Agreement (Tidal Trust II)
Governing Law and Arbitration. (a) This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflicts of laws principles thereof, and (b) any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the 1940 Act, shall be resolved by reference to such term or provision of the 1940 Act and to interpretation thereof, if any, by the United States courts or in the absence of any controlling decision of any such court, by rules, regulations or orders of the Securities and Exchange Commission issued pursuant to said 1940 Act. In addition, where the effect of a requirement of the Act reflected in any provision of this Agreement is revised by rule, regulation or order of the Securities and Exchange Commission, such provision shall be deemed to incorporate the effect of such rule, regulation or order.
(b) Subject to the conditions and exceptions noted below, and to the extent not inconsistent with applicable law, in the event of any dispute pertaining to this Agreement, Trader Sub-Adviser and Adviser agree to submit the dispute to arbitration in accordance with the auspices and rules of the American Arbitration Association (“AAA”), provided that the AAA accepts jurisdiction. Trader Sub-Adviser and Adviser understand that such arbitration shall be final and binding, and that by agreeing to arbitration, Adviser and Trader Sub-Adviser are waiving their respective rights to seek remedies in court, including the right to a jury trial.
Appears in 3 contracts
Sources: Subsidiary Sub Advisory Agreement (Tidal Trust II), Subsidiary Sub Advisory Agreement (Tidal Trust III), Subsidiary Sub Advisory Agreement (Tidal Trust II)
Governing Law and Arbitration. (a) This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflicts of laws principles thereof, and (b) any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the 1940 Act, shall be resolved by reference to such term or provision of the 1940 Act and to interpretation thereof, if any, by the United States courts or in the absence of any controlling decision of any such court, by rules, regulations or orders of the Securities and Exchange Commission issued pursuant to said 1940 Act. In addition, where the effect of a requirement of the Act reflected in any provision of this Agreement is revised by rule, regulation or order of the Securities and Exchange Commission, such provision shall be deemed to incorporate the effect of such rule, regulation or order.
(b) Subject to the conditions and exceptions noted below, and to the extent not inconsistent with applicable law, in the event of any dispute pertaining to this Agreement, Trader Trading Advisor and Adviser agree to submit the dispute to arbitration in accordance with the auspices and rules of the American Arbitration Association (“"AAA”"), provided that the AAA accepts jurisdiction. Trader Trading Advisor and Adviser understand that such arbitration shall be final and binding, and that by agreeing to arbitration, Adviser and Trader Trading Advisor are waiving their respective rights to seek remedies in court, including the right to a jury trial.
Appears in 3 contracts
Sources: Subsidiary Futures Trading Advisory Agreement (Tidal Trust II), Futures Trading Advisory Agreement (Tidal Trust II), Futures Trading Advisory Agreement (Tidal Trust II)
Governing Law and Arbitration. (a) This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflicts of laws principles thereof, and (b) any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the 1940 Act, shall be resolved by reference to such term or provision of the 1940 Act and to interpretation thereof, if any, by the United States courts or in the absence of any controlling decision of any such court, by rules, regulations or orders of the Securities and Exchange Commission issued pursuant to said 1940 Act. In addition, where the effect of a requirement of the Act reflected in any provision of this Agreement is revised by rule, regulation or order of the Securities and Exchange Commission, such provision shall be deemed to incorporate the effect of such rule, regulation regulation, or order.
(b) Subject to the conditions and exceptions noted below, and to the extent not inconsistent with applicable law, in the event of any dispute pertaining to this Agreement, Trader the Futures Adviser and Adviser agree to submit the dispute to arbitration in accordance with the auspices and rules of the American Arbitration Association (“AAA”), provided that the AAA accepts jurisdiction. Trader The Futures Adviser and Adviser understand that such arbitration shall be final and binding, and that by agreeing to arbitration, Adviser and Trader the Futures Adviser are waiving their respective rights to seek remedies in court, including the right to a jury trial.
Appears in 1 contract
Sources: Trading Advisory Agreement (Simplify Exchange Traded Funds)
Governing Law and Arbitration. (a) This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflicts of laws principles thereof, and (b) any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the 1940 Act, shall be resolved by reference to such term or provision of the 1940 Act and to interpretation thereof, if any, by the United States courts or in the absence of any controlling decision of any such court, by rules, regulations or orders of the Securities and Exchange Commission issued pursuant to said 1940 Act. In addition, where the effect of a requirement of the Act reflected in any provision of this Agreement is revised by rule, regulation or order of the Securities and Exchange Commission, such provision shall be deemed to incorporate the effect of such rule, regulation or order.
(b) Subject to the conditions and exceptions noted below, and to the extent not inconsistent with applicable law, in the event of any dispute pertaining to this Agreement, Trader and Adviser agree to submit the dispute to arbitration in accordance with the auspices and rules of the American Arbitration Association (“"AAA”"), provided that the AAA accepts jurisdiction. Trader and Adviser understand that such arbitration shall be final and binding, and that by agreeing to arbitration, Adviser and Trader are waiving their respective rights to seek remedies in court, including the right to a jury trial.
Appears in 1 contract
Sources: Trading Advisory Agreement (Mutual Fund Series Trust)