Common use of Termination and Amendment of this Agreement Clause in Contracts

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its "assignment" by Distributor, as that term is defined by the Act. The Trust may terminate this Agreement at any time, without the payment of any penalty, by vote of a majority of the members of the Board of Trustees who are not interested persons of the Trust and have no direct or indirect financial interest in the operation of any plan adopted pursuant to Rule 12b-1 under the Act with respect to any class of a series portfolio of the Trust or in any agreements related to such a plan, or by vote of a majority of the outstanding voting securities of such company on sixty (60) days' written notice to the Distributor. The Distributor may terminate this Agreement at any time on sixty (60) days’ written notice delivered or mailed by registered mail, postage prepaid, to the other party. This Agreement may be amended only if such amendment is approved (i) by Distributor and (ii) by the Board of Trustees of the Trust, including the approval of a majority of the Trustees of the Trust who are not interested persons of the Trust or of Distributor by vote cast in person at a meeting called for the purpose of voting on such approval.