Common use of APPOINTMENT AND DELIVERY OF DOCUMENTS Clause in Contracts

APPOINTMENT AND DELIVERY OF DOCUMENTS. (a) The Trust hereby appoints Adviser as investment adviser for the Funds for the period and on the terms set forth in this Agreement. Adviser accepts this appointment and agrees to render its services as investment adviser for the compensation set forth herein. (b) The Trust has delivered copies of each of the following documents and will from time to time furnish Adviser with any supplements or amendments to such documents: (i) the Trust Instrument of the Trust, as filed with the Secretary of State of the State of Delaware, as in effect on the date hereof and as amended from time to time ("Trust Instrument"); (ii) the Bylaws of the Trust as in effect on the date hereof and as amended from time to time ("Bylaws"); (iii) the Registration Statement under the Act and, if applicable, the Securities Act of 1933 (the "Securities Act"), as filed with the Securities and Exchange Commission (the "Commission"), relating to the Fund and its shares and all amendments thereto ("Registration Statement"); 106 (iv) the prospectus and statement of additional information relating to the Fund ("Prospectus"); and, (v) all proxy statements, reports to shareholders, advertising or other materials prepared for distribution to shareholders of the Fund or the public, that refer to Adviser or its clients. The Trust shall furnish Adviser with any further documents, materials or information that Adviser may reasonably request to enable it to perform its duties pursuant to this Agreement.

APPOINTMENT AND DELIVERY OF DOCUMENTS. (a) The Trust hereby appoints the Adviser as investment adviser for the Funds eachthe Fund(s) for the period and on the terms set forth in this Agreement. The Adviser accepts this appointment and agrees to render its services as investment adviser for the compensation set forth herein. (b) The Trust has delivered copies of each of the following documents and will from time to time furnish the Adviser with any supplements or amendments to such documents: (i) the Trust Instrument of the Trust, as filed with the Secretary of State of the State of Delaware, as in effect on the date hereof and as amended from time to time ("Trust Instrument"); (ii) the Bylaws of the Trust as in effect on the date hereof and as amended from time to time ("Bylaws"); (iii) the Registration Statement under the Act and, if applicable, and the Securities Act of 1933 1933, as amended (the "Securities Act"), as filed with the Securities and Exchange Commission (the "Commission"), relating to the eachthe Fund and its shares and all amendments thereto ("Registration Statement"); 106; (iv) the prospectus prospectus(es) and statement statement(s) of additional information relating to the Fund eachthe Fund(s) ("Prospectus"); and, (v) all proxy statements, reports to shareholders, advertising or other materials prepared for distribution to Fund shareholders of the Fund or the public, that refer to the Adviser or its clients. The Trust shall furnish the Adviser with any further documents, materials or information that the Adviser may reasonably request to enable it to perform its duties pursuant to under this Agreement.

APPOINTMENT AND DELIVERY OF DOCUMENTS. (a) The Trust hereby appoints the Adviser as investment adviser for the Funds each Fund for the period and on the terms set forth in this Agreement. The Adviser accepts this appointment and agrees to render its services as investment adviser for the compensation set forth herein. (b) The Trust has delivered copies of each of the following documents and will from time to time furnish the Adviser with any supplements or amendments to such documents: : (i) the Trust Instrument of the Trust, as filed with the Secretary of State of the State of Delaware, as in effect on the date hereof and as amended from time to time ("Trust Instrument"); ; (ii) the Bylaws of the Trust as in effect on the date hereof and as amended from time to time ("Bylaws"); ; (iii) the Registration Statement under the Act and, if applicable, and the Securities Act of 1933 1933, as amended (the "Securities Act"), as filed with the Securities and Exchange Commission (the "Commission"), relating to the each Fund and its shares and all amendments thereto ("Registration Statement"); 106 (iv) the prospectus and statement of additional information relating to the each Fund ("Prospectus"); and, and (v) all proxy statements, reports to shareholders, advertising or other materials prepared for distribution to Fund shareholders of the Fund or the public, that refer to the Adviser or its clients. The Trust shall furnish the Adviser with any further documents, materials or information that the Adviser may reasonably request to enable it to perform its duties pursuant to under this Agreement.

APPOINTMENT AND DELIVERY OF DOCUMENTS. (a) The Trust hereby appoints the Adviser as investment adviser for the Funds Fund(s) for the period and on the terms set forth in this Agreement. The Adviser accepts this appointment and agrees to render its services as investment adviser for the compensation set forth herein. (b) The Trust has delivered copies of each of the following documents and will from time to time furnish the Adviser with any supplements or amendments to such documents: (i1) the Trust Instrument of the Trust, as filed with the Secretary of State of the State of Delaware, as in effect on the date hereof and as amended from time to time ("Trust Instrument"); (ii2) the Bylaws of the Trust as in effect on the date hereof and as amended from time to time ("Bylaws"); (iii3) the Registration Statement under the Act and, if applicable, and the Securities Act of 1933 (the "Securities Act"), as filed with the Securities and Exchange Commission (the "Commission"), relating to the Fund and its shares and all amendments thereto ("Registration Statement"); 106; (iv4) the prospectus prospectus(es) and statement statement(s) of additional information relating to the Fund Fund(s) ("Prospectus"); and, (v5) all proxy statements, reports to shareholders, advertising or other materials prepared for distribution to Fund shareholders of the Fund or the public, that refer to the Adviser or its clients. The Trust shall furnish the Adviser with any further documents, materials or information that the Adviser may reasonably request to enable it to perform its duties pursuant to under this Agreement.