Common use of ACTIVITIES OF THE SUB-ADVISER Clause in Contracts

ACTIVITIES OF THE SUB-ADVISER. (a) Except to the extent necessary to perform its obligations hereunder, nothing herein shall be deemed to limit or restrict the Sub-Adviser’s right, or the right of any of the Sub-Adviser’s directors, officers or employees to engage in any other business or to devote time and attention to the management or other aspects of any other business, whether of a similar or dissimilar nature, or to render services of any kind to any other corporation, trust, firm, individual or association. (b) The Sub-Adviser shall not, without prior written consent of the Adviser: launch, promote or market on its own behalf any US registered investment company with substantially identical investment objectives and policies as those of Xxxxxx Xxxxxxxx Mutual Funds or any fund which is a series of the Trust; and/or manage any segregated investment portfolios for the Adviser’s clients or bona-fide client prospects domiciled in the US with substantially identical investment objectives and policies as those of the Trust or any fund which is a series of the Trust without compensation equal to 20% of the income or fees achieved by the Sub-Adviser as a third party marketing fee payable to the Adviser.