Common use of Amendment, Assignment and Termination Clause in Contracts

Amendment, Assignment and Termination. (a) Except as specifically provided herein, this Agreement may only be amended or assigned by a written agreement of the parties. (b) Any entity resulting from the merger, amalgamation or continuation of Equity or succeeding to all or substantially all of its transfer agency business (by sale of such business or otherwise), shall thereupon automatically become the transfer agent, registrar and disbursing agent hereunder without further act or formality. (c) This Agreement may be terminated by either party on 90 days’ notice in writing being given to the other at the address set out in Section 10 or at such other address of which notice has been given. (d) Notwithstanding Section 9 (c) , this Agreement may be terminated by Equity on one week’s notice in writing to the Issuer in the event the Issuer refuses or fails to pay an invoice for fees and expenses, or other demand for payment issued or made pursuant to this Agreement by Equity, within 60 days of the original invoice or demand. (e) The provisions of Sections 6 (c), 7 and 8 shall survive termination of this Agreement. (f) If at any time the name of Equity is changed and at such time any certificates have been countersigned but not delivered, Equity may adopt the countersignature under its prior name and deliver such certificates so countersigned; and in case at that time any certificates have not been countersigned, Equity may countersign such certificates either in its prior name or in its changed name; and in all such cases such certificates will be validly countersigned. (g) If Equity is terminated under 9(c) of this Agreement, the Issuer shall be obliged to pay a termination fee to cover the cost of preparing the records for delivery to the Issuer or another Transfer Agent and ongoing communication with investors and the investment community. The fee will be equal to 20% of the previous twelve months billing for all transfer agency services.

Amendment, Assignment and Termination. (a) Except Subject to 11(b) and 11(c) and except as specifically provided herein, this Agreement may only be amended or assigned by a written agreement of the parties. (b) Any entity resulting from the merger, amalgamation or continuation of Equity or succeeding to all or substantially all of its transfer agency business (by sale of such business or otherwise), shall thereupon automatically become the transfer agent, registrar and disbursing agent hereunder hereunder, without further act or formality. (c) Any entity resulting from the merger, amalgamation or continuation of an Issuer shall thereupon automatically become the Issuer hereunder, without further act or formality. (d) This Agreement may be terminated by either party on 90 60 days’ notice in writing being given to the other at the address set out in Section 10 this Agreement or at such other subsequent address of which notice has been subsequently given. (de) In the case of a termination of Equity’s services by the Manager on behalf of the Issuer pursuant to this Section, provided that the Issuer is in compliance with all of the terms of this Agreement including the payment of all amounts owing to Equity hereunder, Equity shall deliver over to the Issuer the books and registry of the Issuer and against a receipt executed by the Issuer. (f) Notwithstanding Section 9 (c) 11(d), this Agreement may be terminated by Equity on one week’s 30 days notice in writing to the Issuer in the event the Issuer refuses or fails to pay an invoice for fees and expenses, or other demand for payment issued or made pursuant to this Agreement by Equity, within 60 days of the original invoice or demand. (eg) The provisions of Sections 6 (c8(b), 7 9 and 8 10 shall survive termination of this Agreement. (fh) If at any time the name of Equity is changed and at such time any certificates have been countersigned but not delivered, Equity may adopt the countersignature under its prior name and deliver such certificates so countersigned; and in case at that time any certificates have not been countersigned, Equity may countersign such certificates either in its prior name or in its changed name; and in all such cases such certificates will be validly countersigned. (gi) If Equity is terminated the Issuer terminates this Agreement under 9(c) this Section of this Agreement, the Issuer shall be obliged to pay a termination fee to cover the cost of preparing the records for delivery to the Issuer or another Transfer Agent and ongoing communication with investors and the investment community. The fee will be equal to 20% of the previous twelve months billing for all transfer agency services. (j) Any notice or notification to be given by one party to this Agreement to the other shall be in writing and delivered by hand or sent by first class insured mail, prepaid courier or by facsimile transmission to the following address: If to the Issuer: x/x Xxxxxx Xxxxx Xxxxxxxxxx XX Xxxxx 0000, Xxxxx Xxxxx Xxxxx Bank Plaza, 000 Xxx Xxxxxx Xxxxxxx, Xxxxxxx, X0X 0X0 Attention: Xxxxxx Xxxxxxxxx If to Equity: Equity Transfer & Trust Company 000 Xxxxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxx X0X 0X0 Fax: 000 000 0000 Attention: Xxxxx Xxxxxxxxxx And all notices shall be deemed to have been effectively given on the date three (3) business days after the date of mailing or, if delivered by hand or sent by facsimile transmission or any other form of written recorded communication on the date of delivery or transmission.

Amendment, Assignment and Termination. (a) Except as specifically provided herein, this Agreement may only be amended or assigned by a written agreement of the parties. (b) Any entity resulting from the merger, amalgamation or continuation of Equity or succeeding to all or substantially all of its transfer agency business (by sale of such business or otherwise), shall thereupon automatically become the transfer agent, registrar and disbursing agent hereunder without further act or formality. (c) This Agreement may be terminated by either party on 90 30 days’ notice in writing being given to the other at the address set out in Section 10 or at such other address of which notice has been given. (d) Notwithstanding Section 9 (c) ), this Agreement may be terminated by Equity on one week’s notice in writing to the Issuer in the event the Issuer refuses or fails to pay an invoice for fees and expenses, or other demand for payment issued or made pursuant to this Agreement by Equity, within 60 days of the original invoice or demand. (e) The provisions of Sections 6 (c), 7 and 8 shall survive termination of this Agreement. (f) If at any time the name of Equity is changed and at such time any certificates have been countersigned but not delivered, Equity may adopt the countersignature under its prior name and deliver such certificates so countersigned; and in case at that time any certificates have not been countersigned, Equity may countersign such certificates either in its prior name or in its changed name; and in all such cases such certificates will be validly countersigned. (g) If Equity is terminated under 9(c) of this Agreement, the Issuer shall be obliged to pay a termination fee to cover the cost of preparing the records for delivery to the Issuer or another Transfer Agent and ongoing communication with investors and the investment community. The fee will be equal to 20% of the previous twelve months billing for all transfer agency servicesservices and shall not exceed a total of $1,000.00.

Amendment, Assignment and Termination. (a) Except as specifically provided herein, this Agreement may only be amended or assigned by a written agreement of the parties. (b) Any entity resulting from the merger, amalgamation or continuation of Equity or succeeding to all or substantially all of its transfer agency business (by sale of such business or otherwise), shall thereupon automatically become the transfer agent, registrar and disbursing agent hereunder without further act or formality. (c) This Agreement may be terminated by either party on 90 days’ notice in writing being given to the other at the address set out in Section 10 or at such other address of which notice has been given. (d) Notwithstanding Section 9 (c) , this Agreement may be terminated by Equity on one week’s notice in writing to the Issuer Partnership in the event the Issuer Partnership refuses or fails to pay an invoice for fees and expenses, or other demand for payment issued or made pursuant to this Agreement by Equity, within 60 days of the original invoice or demand. (e) The provisions of Sections 6 (c), 7 and 8 shall survive termination of this Agreement. (f) If at any time the name of Equity is changed and at such time any certificates have been countersigned but not delivered, Equity may adopt the countersignature under its prior name and deliver such certificates so countersigned; and in case at that time any certificates have not been countersigned, Equity may countersign such certificates either in its prior name or in its changed name; and in all such cases such certificates will be validly countersigned. (g) If Equity is terminated under 9(c) of this Agreement, the Issuer Partnership shall be obliged to pay a termination fee to cover the cost of preparing the records for delivery to the Issuer Partnership or another Transfer Agent and ongoing communication with investors and the investment community. The fee will be equal to 20% of the previous twelve months billing for all transfer agency services.

Amendment, Assignment and Termination. (a) Except Subject to 11(b) and 11(c) and except as specifically provided herein, this Agreement may only be amended or assigned by a written agreement of the parties. (b) Any entity resulting from the merger, amalgamation or continuation of Equity or succeeding to all or substantially all of its transfer agency business (by sale of such business or otherwise), shall thereupon automatically become the transfer agent, registrar and disbursing agent hereunder hereunder, without further act or formality. (c) Any entity resulting from the merger, amalgamation or continuation of an Issuer shall thereupon automatically become the Issuer hereunder, without further act or formality. (d) This Agreement may be terminated by either party on 90 60 days’ notice in writing being given to the other at the address set out in Section 10 this Agreement or at such other subsequent address of which notice has been subsequently given. (de) In the case of a termination of Equity’s services by the Manager on behalf of the Issuer pursuant to this Section, provided that the Issuer is in compliance with all of the terms of this Agreement including the payment of all amounts owing to Equity hereunder, Equity shall deliver over to the Issuer the books and registry of the Issuer and against a receipt executed by the Issuer. (f) Notwithstanding Section 9 (c) 11(d), this Agreement may be terminated by Equity on one week’s 30 days notice in writing to the Issuer in the event the Issuer refuses or fails to pay an invoice for fees and expenses, or other demand for payment issued or made pursuant to this Agreement by Equity, within 60 days of the original invoice or demand. (eg) The provisions of Sections 6 (c8(b), 7 9 and 8 10 shall survive termination of this Agreement. (fh) If at any time the name of Equity is changed and at such time any certificates have been countersigned but not delivered, Equity may adopt the countersignature under its prior name and deliver such certificates so countersigned; and in case at that time any certificates have not been countersigned, Equity may countersign such certificates either in its prior name or in its changed name; and in all such cases such certificates will be validly countersigned. (gi) If Equity is terminated the Issuer terminates this Agreement under 9(c) this Section of this Agreement, the Issuer shall be obliged to pay a termination fee to cover the cost of preparing the records for delivery to the Issuer or another Transfer Agent and ongoing communication with investors and the investment community. The fee will be equal to 20% of the previous twelve months billing for all transfer agency services. (j) Any notice or notification to be given by one party to this Agreement to the other shall be in writing and delivered by hand or sent by first class insured mail, prepaid courier or by facsimile transmission to the following address: If to the Issuer: x/x Xxxxxx Xxxxx Xxxxxxxxxx XX Xxxxx 0000, Xxxxx Xxxxx Xxxxx Bank Plaza, 000 Xxx Xxxxxx Xxxxxxx, Xxxxxxx, X0X 0X0 Attention: Xxxxxx Xxxxxxxxx If to Equity: Equity Financial Trust Company 000 Xxxxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxx X0X 0X0 Fax: 000 000 0000 Attention: Xxxxx Xxxxxxxxxx And all notices shall be deemed to have been effectively given on the date three (3) business days after the date of mailing or, if delivered by hand or sent by facsimile transmission or any other form of written recorded communication on the date of delivery or transmission.