Common use of Appointment; General Provisions Clause in Contracts

Appointment; General Provisions. (a) The Board is responsible for the general investment policy and program of the Trust and for the general supervision and administration of the business and affairs of the Trust conducted by the officers, agents, employees, investment advisors, administrators, distributors, or independent contractors of the Trust consistent with the investment policy established in this Interlocal Agreement. However, the Board is not required to personally conduct all of the routine business of the Trust and, consistent with their responsibility as stated herein, the Board may, on behalf of the Trust, appoint, employ, or contract with an Administrator and a Trust Counsel and may grant or delegate such authority to the Administrator, Trust Counsel, or to any other person as the Board may, in its discretion, deem to be necessary or desirable for the efficient management of the Trust. (b) The Board may appoint one or more persons to serve as the Administrator for FLCLASS. It is specifically intended that any and all provisions related to the Administrator set forth herein be memorialized in a contract between the Board and the Administrator (the Administrator Agreement) and that this Interlocal Agreement not be construed to create any third-party beneficiary rights in any party fulfilling the role of Administrator. In the event of conflict between the provisions of this Interlocal Agreement and the provisions of the Administrator Agreement, this Interlocal Agreement shall control. (c) In the event that, at any time, the position of Administrator shall become vacant for any reason, the Board may appoint, employ, or contract with a successor. (d) The Administrator shall at no time have custody of or physical control over any of the Investment Property. (e) The Administrator may also serve as investment advisor to FLCLASS.

Appears in 3 contracts

Samples: Interlocal Agreement, Interlocal Agreement, Interlocal Agreement

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Appointment; General Provisions. (a) The Board is responsible for the general investment policy and program of the Trust and for the general supervision and administration of the business and affairs of the Trust conducted by the officers, agents, employees, investment advisors, administrators, distributors, distributors or independent contractors of the Trust Trust, consistent with the investment policy established in this Interlocal Agreement. However, the Board is not required personally to personally conduct all of the routine business of the Trust and, consistent with their responsibility as stated herein, the Board may, on behalf of the Trust, appoint, employ, employ or contract with an Administrator and a Trust Counsel and may grant or delegate such authority to the Administrator, Trust Counsel, Counsel or to any other person as the Board may, in its discretion, deem to be necessary or desirable for the efficient management of the Trust. (b) The Board may appoint one or more persons to serve as the Administrator for FLCLASS. It is specifically intended that any and all provisions related to the Administrator set forth herein be memorialized in a contract between the Board and the Administrator (the "Administrator Agreement") and that this Interlocal Agreement not be construed to create any third-party beneficiary rights in any party fulfilling the role of Administrator. In the event of conflict between the provisions of this Interlocal Agreement and the provisions of the Administrator Agreement, this Interlocal Agreement shall control. (c) In the event that, at any time, the position of Administrator shall become vacant for any reason, the Board may appoint, employ, employ or contract with a successor. (d) The Administrator shall at no time have custody of of, or physical control over over, any of the Investment Property. (e) The Administrator may also serve as investment advisor to FLCLASS.

Appears in 1 contract

Samples: Interlocal Agreement

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