Common use of Consultation Between the Parties Clause in Contracts

Consultation Between the Parties. ALPS and the Fund shall regularly consult with each other regarding ALPS’ performance of its obligations under this Agreement. In connection therewith, the Fund shall submit to ALPS at a reasonable time in advance of filing with the SEC reasonably final copies of any amended or supplemented registration statement (including exhibits) under the 1933 Act and the 1940 Act and any repurchase offer notification in the event that the Fund identifies ALPS as the principal underwriter and/or distributor of the Funds or otherwise includes any disclosures regarding the obligations or responsibilities of ALPS under this Agreement; provided, however, that nothing contained in this Agreement shall in any way limit the Fund’s right to file at any time such amendments to any registration statement and/or supplements to any prospectus or statement of additional information, of whatever character, as the Fund may deem advisable, such right being in all respects absolute and unconditional; and provided, further, that any such registration statement relating to the Fund that has previously been submitted to ALPS need be resubmitted to ALPS only if such disclosures have been modified.

Consultation Between the Parties. ALPS and the Fund Trust shall regularly consult with each other regarding ALPS’ performance of its obligations under this Agreement. In connection therewith, the Fund Trust shall submit to ALPS at a reasonable time in advance of filing with the SEC reasonably final copies of any amended or supplemented registration statement (including exhibits) under the 1933 Act and the 1940 Act and any repurchase offer notification in the event that the Fund Trust identifies ALPS as the principal underwriter and/or distributor of the Funds or otherwise includes any disclosures regarding the obligations or responsibilities of ALPS under this Agreement; provided, however, that nothing contained in this Agreement shall in any way limit the FundTrust’s right to file at any time such amendments to any registration statement and/or supplements to any prospectus or statement of additional information, of whatever character, as the Fund Trust may deem advisable, such right being in all respects absolute and unconditional; and provided, further, that any such registration statement relating to the a Fund that has previously been submitted to ALPS need be resubmitted to ALPS only if such disclosures have been modified.

Consultation Between the Parties. ALPS and the Fund Funds shall regularly consult with each other regarding ALPS’ performance of its obligations under this Agreement. In connection therewith, the Fund Funds shall submit to ALPS at a reasonable time in advance of filing with the SEC reasonably final copies of any amended or supplemented registration statement (including exhibits) under the 1933 Act and the 1940 Act and any repurchase tender offer notification filings in the event that the Fund identifies Funds identify ALPS as the principal underwriter and/or distributor of the Funds or otherwise includes any disclosures regarding the obligations or responsibilities of ALPS under this Agreement; provided, however, that nothing contained in this Agreement shall in any way limit the Fund’s Funds’ right to file at any time such amendments to any registration statement and/or supplements to any prospectus or statement of additional information, of whatever character, as the Fund Funds may deem advisable, such right being in all respects absolute and unconditional; and provided, further, that any such registration statement relating to the Fund Funds that has previously been submitted to ALPS need be resubmitted to ALPS only if such disclosures have been modified.

Consultation Between the Parties. ALPS and the Fund shall regularly consult with each other regarding ALPS’ performance of its obligations under this Agreement. In connection therewith, the Fund shall submit to ALPS at a reasonable time in advance of filing with the SEC reasonably final copies of any amended or supplemented registration statement (including exhibits) under the 1933 Act and the 1940 Act and any repurchase offer notification in the event that the Fund identifies ALPS as the principal underwriter and/or distributor of the Funds Fund or otherwise includes any disclosures regarding the obligations or responsibilities of ALPS under this Agreement; provided, however, that nothing contained in this Agreement shall in any way limit the Fund’s right to file at any time such amendments to any registration statement and/or supplements to any prospectus or statement of additional information, of whatever character, as the Fund may deem advisable, such right being in all respects absolute and unconditional; and provided, further, that any such registration statement relating to the Fund that has previously been submitted to ALPS need be resubmitted to ALPS only if such disclosures have been modified.