Common use of Acceptance of Appointment; Standard of Performance Clause in Contracts

Acceptance of Appointment; Standard of Performance. The Sub-Adviser accepts the appointment as the discretionary portfolio manager and agrees that in the performance of its duties under this Agreement, it shall at all times use all reasonable efforts to conform to, and act in accordance with, any requirements imposed by (i) the provisions of the Act, and of any rules or regulations in force thereunder; (ii) any other applicable provision of law; (iii) the provisions of the Declaration of Trust and Bylaws of the Trust, as such documents are amended from time to time; (iv) the investment objectives, policies and restrictions applicable to the Fund as set forth in the Trust's Registration Statement on Form N-1A and (v) any policies and determinations of the Board of Trustees of the Trust with respect to the Fund.

Acceptance of Appointment; Standard of Performance. The Sub-Adviser accepts the appointment as the discretionary portfolio manager and agrees that in the performance of its duties under this Agreement, it shall at all times use all reasonable efforts to conform to, and act in accordance with, any requirements imposed by (i) the provisions of the Act, and of any rules or regulations in force thereunder; (ii) any other applicable provision of law; (iii) the provisions of the Declaration of Trust and Bylaws of the Trust, as such documents are amended from time to time; (iv) the investment objectives, policies and restrictions applicable to the Fund as set forth in the Trust's ’s Registration Statement on Form N-1A and (v) any policies and determinations of the Board of Trustees of the Trust with respect to the Fund.