Common use of Services of Subadviser Clause in Contracts

Services of Subadviser. A. In providing management services to the Series, the Subadviser shall be subject to the investment objectives, policies and restrictions of the Fund as they apply to the Series and as set forth in the Fund's then current prospectus ("Prospectus") and statement of additional information ("Statement of Additional Information") filed with the Securities and Exchange Commission (the "SEC") as part of the Fund's Registration Statement, as may be periodically amended and provided to the Subadviser by the Adviser, and to the investment restrictions set forth in the Act and the Rules thereunder, to the supervision and control of the Trustees of the Fund (the "Trustees"), and to instructions from the Adviser. The Subadviser shall not, without the Fund's prior written approval, effect any transactions that would cause the Series at the time of the transaction to be out of compliance with any of such restrictions or policies. B. The Fund and the Adviser acknowledge that the Subadviser is an investment adviser to other clients, including accounts in which the Subadviser or affiliates of the Subadviser have a beneficial interest. The Fund and the Adviser understand and agree that the Subadviser's management services for its other clients may differ as to timing and/or content from its management of the Series. Subadviser will have no obligation to buy or sell for the Series any security that the Subadviser or any affiliate may purchase or sell for itself or for other clients. The Fund and the Adviser further recognize that transactions in any particular security may not be accomplished for all Subadviser clients' accounts at the same time or at the same price.