Amendment, Assignment and Other Matters. This Supplement may not be amended except by a writing signed by each of the parties. This Supplement shall not be assigned by any party without the reasonable written consent of the other parties. This Supplement may be executed in several counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument. The headings in this Supplement are for reference only and shall not affect the interpretation or construction of this Supplement. This Supplement, together with the Agreement, set forth the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes all other prior agreements, arrangements and understandings, written or oral, among the parties. All capitalized terms not defined in this Supplement shall have the meanings ascribed to them in the Agreement.
Amendment, Assignment and Other Matters. This Agreement may not be amended except by a writing signed by each of the parties hereto. This Agreement shall not be assigned, except to affiliates, by either party without the written consent of the other party. This Agreement may be executed in several counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument. The headings in this Agreement are for reference only and shall not affect the interpretation or construction of this Agreement. This Agreement, including any Exhibits attached hereto, and including the Services Agreement or Procedures, contains the entire agreement of the parties as to the subject matter hereof and supersedes any prior agreements, written or oral. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to the principles of conflicts of law thereof.
Amendment, Assignment and Other Matters. This Agreement may not be amended except by a writing signed by each of the parties. This Agreement shall not be assigned by either party without the reasonable written consent of the other party. This Agreement may be executed in several counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument. The headings in this Agreement are for reference only and shall not affect the interpretation or construction of this Agreement. This Agreement, together with the Participation Agreement, set forth the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes all other prior agreements, arrangements and understandings, written or oral, among the parties.
Amendment, Assignment and Other Matters. This Agreement may not be amended except by writing signed by the party against which enforcement is sought. This Agreement shall not be assigned by either party without the written consent of the other party. This Agreement may be executed in several counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument. The headings in this Agreement are for reference only and shall not affect the interpretation or construction of this Agreement. This Agreement contains the entire agreement of the parties as to the subject matter hereof and supersedes any prior agreements, written or oral. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to the principles of conflicts of law thereof.
Amendment, Assignment and Other Matters. This Agreement may not be amended except by a writing signed by the party against which enforcement is sought. This Agreement may be executed in several counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument. The headings in this Agreement are for reference only and shall not affect the interpretation of construction of this Agreement. Except as set forth in paragraph 11(b), this Agreement contains the entire understandings of the parties as to the subject matter hereof and supersedes any prior agreements, written or oral. Agent recognizes that Fund is a Massachusetts business trust and agrees that the Fund's assets only and not those of any of its Trustees, officers, or shareholders shall be subject to any liabilities under this Agreement.
Amendment, Assignment and Other Matters. This Agreement may not be amended except by a writing signed by each of the parties hereto, provided however, that the Fund may add Portfolios to its series without written consent. This Agreement shall not be assigned by either party without the reasonable written consent of the other party. This Agreement may be executed in several counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument. The headings in this Agreement are for reference only and shall not affect the interpretation or construction of this Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes all other prior agreements, arrangements and understandings, written or oral, among the parties.
Amendment, Assignment and Other Matters. This Agreement may not be amcndcd except by a writing signed by each of the parties. this Agreement shall not be assigned by either party without thc reasonable written conscnt of the othcr party. This Agrcement may be executed in several counterparts, each of which shall be an original but all of which togcther shall constitute one and the same insuwnent. The headings in this Agreement are for reference only and shall not affect the interpretation or construction of this Agrcement. This Agreement, togcther with he Participation Agrcement, set forth the entire agreement and understanding of the parties relating Lo llie subject matter hercof and supersedes all other prior agreements. arrangements and understandings, written or oral, among the parties. IN WITNESS WIIEREOF, the partics hcrelo have CRIIS this ~\greernenlto h exccuwd by thcir duly authorized officers as of the dnrc first listed above. DELAWARE C RETIREMENT By: ~itle'second Vice $resident II & 'I'KUSI'COMPANY (dba 'I KUSTAK PRINCIPAL LIFE INSURANCE COMPANY By: > -w, Name: Xxxxx X . ~ x X x x x x x ,.lr. MASSACHUSETTS FMANCIAL SERVICES COMPANY - - Name: Xxxxxx X . Beauliru '1: Prccident
Amendment, Assignment and Other Matters. This Agreement may not be --------------------------------------- amended except by a writing signed by each of the parties hereto. This Agreement shall not be assigned, except to affiliates, by either party without the written consent of the other party. All provisions of the Agreement shall remain in effect in the event of a Fund name change. This Agreement may be executed in several counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument. The headings in this Agreement are for reference only and shall not affect the interpretation or construction of this Agreement. This Agreement, including the Exhibits attached hereto, contains the entire agreement of the parties as to the subject matter hereof and supersedes any prior agreements, written or oral. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to the principles of conflicts of law thereof. 191
Amendment, Assignment and Other Matters. This Agreement may not be amended except by a writing signed by each of the parties hereto. This Agreement shall not be assigned, except to affiliates, by either party without the written consent of the other party, provided, however, that this Agreement may be assigned without prior consent of the other party to any entity that acquires all or substantially all of one party's assets or any company or entity into which such party is merged or otherwise reorganized. This Agreement may be executed in several counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument. The headings in this Agreement are for reference only and shall not affect the interpretation or construction of this Agreement. If any provision or portion of this Agreement shall be determined to be invalid or unenforceable for any reason, the remaining provisions and portions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by law. This Agreement, including the Exhibits attached hereto, contains the entire agreement of the parties as to the subject mater hereof and supersedes any prior agreements, written or oral. To the extent not preempted by Federal law, this Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to the principles of conflicts of law thereof. Each party hereto: (i) consents to the subject matter and in personam jurisdiction and venue in the United States District Court for the Northern District of Ohio, Eastern Division; (ii) waives the right to contest the subject matter and in personam jurisdiction and venue in the United States District Court for the Northern District of Ohio, Eastern Division on any ground; and (iii) agrees that service of process upon it can be made by certified or registered mail, return receipt requested, to his or its address referred to in Section 18 hereof and agrees promptly to notify the other party hereto of any change of such address and agrees that service to such address shall be deemed to constitute sufficient service of process under both the federal and state rules of civil procedure wherever the case is filed.
Amendment, Assignment and Other Matters