Common use of Management of Other Accounts and Trading of Proprietary Capital Clause in Contracts

Management of Other Accounts and Trading of Proprietary Capital. Subject to paragraph (b) of this Section 8, the Advisor shall be free to (i) manage and trade accounts for other investors (including other public and private commodity pools), and (ii) trade for its own account, and for the accounts of its partners, shareholders, directors, officers and employees, as applicable, using the same or other information and Trading Approach utilized in the performance of services for the Trust, so long as in the Advisor's reasonable judgment the aggregate amount of capital being managed or traded by the Adviser does not (i) materially impair the Advisor's ability to carry out its obligations and duties to the Trust pursuant to this Agreement or (ii) create a reasonable likelihood of the Advisor having to modify materially its agreed upon Trading Approach being used for the Trust in a manner which might reasonably be expected to have a material adverse effect on the Trust. The aggregate amount of capital referred to in the preceding sentence hereinafter shall be called "Advisor's Capacity," and currently is estimated by the Advisor to be $1.5 billion with respect to the Trading Approach. The Advisor shall not be required to accept capital from the Trust without approval of the Advisor.