Advisor’s Duties. The Advisor shall promptly upon termination of this Agreement:
(i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company and the Operating Partnership pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled;
(ii) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board;
(iii) deliver to the Board all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor; and
(iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.
Advisor’s Duties. The Advisor shall, and shall cause any Affiliate or assigns, promptly upon termination of this Agreement:
(i) pay over to the Company and the Operating Partnership all money collected and held for the account of the Company, the Operating Partnership and any of their respective Affiliates pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled;
(ii) deliver to the Board a full accounting, including a statement showing all payments collected by the Advisor or any of its Affiliates or assigns and a statement of all money held by any of them, covering the period following the date of the last accounting furnished to the Board;
(iii) deliver to the Board all assets, including all Investments, and documents of the Company and the Operating Partnership then in the custody of the Advisor or any of its Affiliates or assigns; and
(iv) cooperate with the Company and the Operating Partnership to provide an orderly management transition.
Advisor’s Duties. (a) The Advisor will trade “commodities” (as defined in §1(g) below) for the Account, pursuant to the terms and conditions of this Agreement. However, nothing in this Agreement or in the Advisor’s activities for the Partnership shall cause the Advisor to be a partner of, joint venturer with or have a similar relationship to the General Partner or any other trader for the Partnership.
(b) The Advisor will use its best efforts to generate profits for the Account, but makes no assurance that the Account will be profitable or not incur losses.
(c) In managing the Account pursuant to this Agreement and all other accounts which the Advisor manages from time to time, the Advisor will manage the Account and all such other similar accounts in a good faith effort to achieve an equitable treatment of all accounts under management.
(d) If position limits restrict the number of positions the Advisor may establish for the Account, it will use its best efforts to allocate transaction orders equitably between the Account and the other accounts it manages.
(e) The Advisor will place orders for the Account through Calyon Financial, Inc. or such futures commission merchants as is mutually agreed upon by the Advisor and the General Partner, (the “FCM”). The Advisor may select its own executing and/or floor brokers for execution of trades and give-up to the FCM. The Advisor is not responsible for the brokerage commission rates charged to the Partnership by the FCMs which execute commodity transactions for the Account. All purchases and sales of commodities for the Account shall be for the account and at the risk of the Partnership. All commissions and expenses arising from the trading of, or other transactions in the course of the administration of, the Account shall be charged to the Partnership.
(f) The Advisor will promptly advise the General Partner of any occurrence that renders the Disclosure Document materially inaccurate or materially incomplete, whether as of the date of the Disclosure Document or a later date. The Advisor will promptly furnish the General Partner with a copy of any updated or revised version of the Disclosure Document.
(g) As used in this Agreement, the terms “commodities” and “commodity transactions” shall mean and include, without limitation, commodities, commodity futures contracts, commodity options, forward contracts and other commodity interests.
Advisor’s Duties. Advisor will timely make recommendations to Participant of CDs available to satisfy Participant’s investment requirements, for Participant's consideration. Advisor will use its best efforts to obtain the most favorable execution and interest rate in connection with the purchase of CDs selected by Participant.
Advisor’s Duties. The Advisor shall promptly upon termination of this Agreement:
(i) pay over to the Company all money collected and held for the account of the Company pursuant to this Agreement, after deducting any accrued compensation and reimbursement for its expenses to which it is then entitled;
(ii) deliver to the Board a full accounting, including a statement showing all payments collected by it and a statement of all money held by it, covering the period following the date of the last accounting furnished to the Board;
(iii) deliver to the Board all assets, including all Investments, and documents of the Company then in the custody of the Advisor; and
(iv) cooperate with the Company and the Board and take all reasonable steps requested to provide an orderly transition of the advisory function.
Advisor’s Duties. Notwithstanding termination of the Contract and subject to any directions from the Chief Procurement Officer, Advisor shall take timely, reasonable, and necessary action to protect and preserve property in the possession of Advisor in which the State has an interest.
Advisor’s Duties. (a) The Fund hereby appoints the Advisor as its true and lawful agent and invests it with full power and authority to trade "commodities” and engage in “commodities transactions” (as both terms are defined in Section 1(h) below), for the Account in accordance with the Aspect Diversified Program (the "Program"), pursuant to the terms and conditions of this Agreement. However, nothing in this Agreement or in the Advisor's activities for the Fund shall cause the Advisor to be a partner of, joint venturer with or have a similar relationship to the General Partner or any other trader for the Fund.
(b) The Advisor will use all reasonable efforts to generate profits for the Account, but makes no assurance that the Account will be profitable or not incur losses.
(c) In managing the Account pursuant to this Agreement and all other similar accounts which the Advisor manages from time to time, the Advisor will manage the Account and all such other similar accounts in a good faith effort to achieve an equitable treatment of all accounts under management over time, taking into account the different investment mandates and investment strategies applicable to such accounts, current positions of an account, the relative capitalization and cash availability of an account, leverage ratios and other relevant considerations.
(d) If position limits restrict the number of positions the Advisor may establish for the Account, it shall use its reasonable efforts to allocate transaction orders equitably between the Account and the other accounts it manages. In any event, the Advisor shall at all times use its reasonable endeavors to implement a fair and consistent allocation policy which aims to ensure that all clients are treated equitably and positions allocated as nearly as possible in proportion to the assets available for trading of the various accounts managed by the Advisor.
(e) The Advisor may combine orders for the Fund with the Advisor’s own orders or orders of any Associate of the Advisor (as defined in the FSA Rules, further details of which are provided below), or of some other person connected with the Advisor, or with the orders of any other client of the Advisor. However, the Advisor will only combine orders where the Advisor reasonably considers that it is unlikely that the aggregation of orders will work overall to the Account’s and the Fund’s disadvantage. Such combination of orders may, on some occasions, produce a more favorable price and, on others, a less fav...
Advisor’s Duties. (a) The Partnership hereby appoints the Advisor as its true and lawful agent and invests with it full power and authority to trade “commodities” (as defined in Section 1(i) below) for the Account in accordance with the Aspect Diversified Program (the “Program”), pursuant to the terms and conditions of this Agreement. However, nothing in this Agreement or in the Advisor's activities for the Partnership shall cause the Advisor to be a partner of, joint venturer with or have a similar relationship to the General Partner or any other trader for the Partnership.
(b) The Advisor shall use all reasonable efforts to generate profits for the Account, but makes no assurance that the Account shall be profitable or not incur losses.
(c) The Advisor shall trade the Partnership’s Account according to the Program, at a notional trading level of approximately 1.20 times (120%) the Net Assets (as defined in Section 2(b) below) of the Account, or such other level as the Partnership may notify the Advisor in writing from time to time.
(d) In managing the Account pursuant to this Agreement and all other accounts which the Advisor manages from time-to-time, the Advisor shall manage the Account and all such other similar accounts in a good faith effort to achieve an equitable treatment of all accounts under management over time, taking into account the different investment mandates and investment strategies applicable to such accounts, current positions of an account, the relative capitalization and cash availability of an account, leverage ratios and other considerations.
(e) If position limits restrict the number of positions the Advisor may establish for the Account, it shall use its reasonable efforts to allocate transaction orders equitably between the Account and the other accounts it
Advisor’s Duties. 1. Advisor shall review periodically the investments held by the Account and shall make such recommendations to Client with reference to investments or changes in investments as it considers to be in the bests interest of Client, including recommendations for the investment of cash. Advisor shall not sell or purchase any securities except upon written directions from Client. Advisor shall not be liable for any loss incurred by Client or Advisor in accepting and acting upon Client's instructions.
2. Advisor will render to Client periodic statements summarizing all security transaction(s) within the stated period and such other information as Client may reasonably request. In computing the value of any asset in the Account for the purposes of this Agreement, such values shall be determined by Advisor in accordance with generally accepted accounting practices and methods consistently followed and uniformly applied and in accordance with applicable laws, rules, and regulations.
3. Advisor shall not vote proxies for investments held in the Account but shall forward any proxies to Client who shall be responsible for voting such proxies.
4. Client may appoint an investment advisor to manage a portion of the investments covered under this Agreement. Such appointment shall be evidenced in a writing signed by Client and investment advisor. Upon receiving such writing, Advisor shall not be responsible for the management of such investments which has been assigned to the investment advisor and shall thereafter be held harmless and indemnified by Client for the actions of the investment advisor. The investment advisor will be responsible for providing such reports and valuations as Client may request, and Advisor shall have no duty to report on the value of such investments. Any investment advisor shall comply with the terms of the delegation and shall exercise reasonable care, skill, and caution in carrying out its duties and responsibilities.
5. Advisor has no duty to prepare or file any tax return or to pay any tax due in connection with investments held hereunder and the income therefrom, except as may be required by law.
Advisor’s Duties. (a) The Advisor will trade "commodities” and engage in “commodities transactions” (as defined in §1(g) below), for the Account, pursuant to the terms and conditions of this Agreement. However, nothing in this Agreement or in the Advisor's activities for the Fund shall cause the Advisor to be a partner of, joint venturer with or have a similar relationship to the General Partner or any other trader for the Fund. The Advisor has no place of business in the U.S. and is not operating in the U.S.; any services to be provided by the Advisor under this Agreement are provided in Finland.
(b) The Advisor will use its best efforts to generate profits for the Account, but makes no assurance that the Account will be profitable or not incur losses.
(c) In managing the Account pursuant to this Agreement and all other accounts which the Advisor manages from time to time, the Advisor will manage the Account and all such other accounts in a good faith effort to achieve an equitable treatment of all accounts under management.
(d) If position limits restrict the number of positions the Advisor may establish for the Account, it will use its best efforts to allocate transaction orders equitably between the Account and the other accounts it manages.
(e) The Advisor will place orders for the Account through Newedge USA, LLC, X.X. Xxxxxx Futures, Inc. or such other futures commission merchant(s) as is mutually agreed upon by the Advisor and the General Partner (each an "FCM"). The Advisor may select its own executing and/or floor brokers for execution of trades and give up to the FCM. The Advisor is not responsible for the brokerage commission rates charged to the Fund by the FCM that executes commodity transactions for the Account. All purchases and sales of commodities for the Account shall be for the account and at the risk of the Fund. All commissions and expenses arising from the trading of, or other transactions in the course of the administration of, the Account shall be charged to the Fund.
(f) The Advisor will promptly advise the General Partner of any occurrence that renders the Disclosure Document materially inaccurate or materially incomplete, whether as of the date of the Disclosure Document or a later date. The Advisor will promptly furnish the General Partner with a copy of any updated or revised version of the Disclosure Document.
(g) The terms "commodities" and "commodity transactions" shall mean and include, without limitation, commodities, commodity and financi...
