Common use of Avoidance of Inconsistent Position and Brokerage Clause in Contracts

Avoidance of Inconsistent Position and Brokerage. In connection with purchases or sales of securities and other financial instruments for the account of the portion of the Fund allocated to you, neither you nor any of your directors, officers, employees or affiliates will act as a principal or agent or receive any compensation in connection with the purchase or sale of securities and other financial instruments by the Fund, other than the compensation provided for in this Agreement, except as permitted by law and approved by the Board of Directors. You or your agent shall arrange for the placing of all orders for the purchase and sale of securities and other financial instruments for the portion of the Fund’s account allocated to you with brokers or dealers selected by you. In the selection of such brokers or dealers and the placing of such orders, you are directed at all times to seek for the Fund the most favorable execution and net price available. It is also understood that it is desirable for the Fund that you have access to supplemental investment and market research and security and economic analyses provided by certain brokers who may execute brokerage transactions at a higher cost to the Fund than may result when allocating brokerage to other brokers on the basis of seeking the most favorable price and efficient execution. Therefore, you are authorized, consistent with the provisions of Section 28(e) of the Securities Exchange Act of 1934, to place orders for the purchase and sale of securities and other financial instruments for the Fund with such certain brokers if you determine, in good faith, that such commission is reasonable in relation to the value of the brokerage and/or research services provided by such broker-dealer, viewed in terms of either that particular transaction or your overall responsibilities with respect to the Fund, subject to review by the Board of Directors from time to time with respect to the extent and continuation of this practice. It is understood that the services provided by such brokers may be useful to you in connection with your services to other clients. If any occasion should arise in which you give any advice to clients of yours concerning the Shares of the Fund, you will act solely as investment counsel for such clients and not in any way on behalf of the Fund. You will advise the Fund’s custodian and the Adviser on a prompt basis of each purchase and sale of a security and other financial instrument, specifying the name of the issuer, the description and amount or number of shares of the security and other financial instrument purchased, the market price, commission and gross or net price, trade date, settlement date and QUANTIX COMMODITIES LP HARBOR CAYMAN INFLATION FOCUS LTD FEBRUARY 9, 2022 identity of the effecting broker or dealer and such other information as may be reasonably required. From time to time as the Fund or the Adviser may request, you will furnish to the Fund’s officers and to each of its Directors reports on portfolio transactions and reports on issues of securities and other financial instruments held in the portfolio, all in such detail as the Fund or the Adviser may reasonably request. On occasions when you deem the purchase or sale of a security or other financial instrument to be in the best interest of the Fund as well as other of your clients, you, to the extent permitted by applicable laws and regulations, may, but shall be under no obligation to, aggregate the securities or other financial instruments to be sold or purchased in order to obtain the most favorable price or lower brokerage commissions and efficient execution. In such event, allocation of the securities or other financial instruments so purchased or sold, as well as the expenses incurred in the transaction, shall be made by you in the manner you consider to be the most equitable and consistent with your fiduciary obligations to the Fund and to such other clients. To the extent you engage in block trades in futures and other derivatives, you agree to fulfill any relating notification requirements with respect to the Fund under applicable requirements of the Commodity Futures Trading Commission (“CFTC”).

Appears in 1 contract

Samples: Harbor ETF Trust

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Avoidance of Inconsistent Position and Brokerage. In connection with purchases or sales of securities and other financial instruments for the account of the portion of the Fund allocated to you, neither you nor any of your directors, officers, employees or affiliates will act as a principal or agent or receive any compensation in connection with the purchase or sale of securities and other financial instruments by the Fund, other than the compensation provided for in this Agreement, except as permitted by law the Investment Company Act and approved by the Board of DirectorsBoard. You or your agent shall arrange for the placing of all orders for the purchase and sale of securities and other financial instruments for the portion of the Fund’s account allocated to you with brokers or dealers selected by you. In the selection of such brokers or dealers and the placing of such orders, you are directed at all times to seek for the Fund the most favorable execution and net price best overall terms available. It is also understood that it is desirable for the Fund that you have access to supplemental investment and market research and security and economic analyses provided by certain brokers who may execute brokerage transactions at a higher cost to the Fund than may result when allocating brokerage to other brokers on the basis of seeking the most favorable price best overall terms available and efficient execution. Therefore, you are authorized, consistent with the provisions of Section 28(e) of the Securities Exchange Act of 1934, to place orders for the purchase and sale of securities and other financial instruments for the Fund with such certain brokers if you determine, in good faith, that such commission is reasonable in relation to the value of the brokerage and/or research services provided by such broker-dealer, viewed in terms of either that particular transaction or your overall responsibilities with respect to the Fund, subject to review by the Board of Directors from time to time with respect to the extent and continuation of this practice. It is understood that the services provided by such brokers may be useful to you in connection with your services to other clients. If any occasion should arise in which you give any advice to clients of yours concerning the Shares of the Fund, you will act solely as investment counsel for such clients and not in any way on behalf of the Fund. You will advise the FundTrust’s custodian and and, upon reasonable request, the Adviser on a prompt basis as soon as reasonably practicable of each purchase and sale of a portfolio security and other financial instrument, specifying the name of the issuer, the description and amount or number of shares of the security and other financial instrument purchased, the market price, commission and gross or net price, trade date, settlement date and QUANTIX COMMODITIES LP HARBOR CAYMAN INFLATION FOCUS LTD FEBRUARY 9, 2022 identity of the effecting broker or dealer and such other information as may Xxxxxxxxx Xxxxxx Investment Advisers LLC EMBARK COMMODITY STRATEGY FUND JANUARY 17, 2024 be reasonably required. From time to time as the Fund Board or the Adviser may reasonably request, you will furnish to the FundTrust’s officers and to each of its Directors Trustees reports on portfolio transactions and reports on issues of securities and other financial instruments held in the portfolio, all in such detail as mutually agreed upon and as the Fund Trust or the Adviser may reasonably request. On occasions when you deem the purchase or sale of a security or other financial instrument to be in the best interest of the Fund as well as other of your clients, you, to the extent permitted by applicable laws and regulations, may, but shall be under no obligation to, aggregate the securities or other financial instruments to be sold or purchased in order to obtain the most favorable price or lower brokerage commissions best overall terms available and efficient execution. In such event, allocation of the securities or other financial instruments so purchased or sold, as well as the expenses incurred in the transaction, shall be made by you in the manner you consider to be the most equitable and consistent with your fiduciary obligations to the Fund and to such other clientsclients and consistent with your applicable policies and procedures as are in effect from time to time. To the extent you engage in block trades in futures and other derivatives, you agree to fulfill any relating notification requirements with respect to the Fund under applicable requirements of the Commodity Futures Trading Commission (“CFTC”).

Appears in 1 contract

Samples: Harbor Funds II

Avoidance of Inconsistent Position and Brokerage. In connection with purchases or sales of securities and other financial instruments for the account of the portion of the Fund allocated to you, neither you nor any of your directors, officers, employees or affiliates will act as a principal or agent or receive any compensation in connection with the purchase or sale of securities and other financial instruments by the Fund, other than the compensation provided for in this Agreement, except as permitted by law and approved by the Board of Directors. You or your agent shall arrange for the placing of all orders for the purchase and sale of securities and other financial instruments for the portion of the Fund’s account allocated to you with brokers or dealers selected by you. In the selection of such brokers or dealers and the placing of such orders, you are directed at all times to seek for the Fund the most favorable execution and net price available. It is also understood that it is desirable for the Fund that you have access to supplemental investment and market research and security and economic analyses provided by certain brokers who may execute brokerage transactions at a higher cost to the Fund than may result when allocating brokerage to other brokers on the basis of seeking the most favorable price and efficient execution. Therefore, you are authorized, consistent with the provisions of Section 28(e) of the Securities Exchange Act of 1934, to place orders for the purchase and sale of securities and other financial instruments for the Fund with such certain brokers if you determine, in good faith, that such commission is reasonable in relation to the value of the brokerage and/or research services provided by such broker-dealer, viewed in terms of either that particular transaction or your overall responsibilities with respect to the Fund, subject to review by the Board of Directors from time to time with respect to the extent and continuation of this practice. It is understood that the services provided by such brokers may be useful to you in connection with your services to other clients. If any occasion should arise in which you give any advice to clients of yours concerning the Shares of the Fund, you will act solely as investment counsel for such clients and not in any way on behalf of the Fund. QUANTIX COMMODITIES LP (Embark Cayman Fund IV Ltd) JANUARY 17, 2024 You will advise the Fund’s custodian and the Adviser on a prompt basis of each purchase and sale of a security and other financial instrument, specifying the name of the issuer, the description and amount or number of shares of the security and other financial instrument purchased, the market price, commission and gross or net price, trade date, settlement date and QUANTIX COMMODITIES LP HARBOR CAYMAN INFLATION FOCUS LTD FEBRUARY 9, 2022 identity of the effecting broker or dealer and such other information as may be reasonably required. From time to time as the Fund or the Adviser may request, you will furnish to the Fund’s officers and to each of its Directors reports on portfolio transactions and reports on issues of securities and other financial instruments held in the portfolio, all in such detail as the Fund or the Adviser may reasonably request. On occasions when you deem the purchase or sale of a security or other financial instrument to be in the best interest of the Fund as well as other of your clients, you, to the extent permitted by applicable laws and regulations, may, but shall be under no obligation to, aggregate the securities or other financial instruments to be sold or purchased in order to obtain the most favorable price or lower brokerage commissions and efficient execution. In such event, allocation of the securities or other financial instruments so purchased or sold, as well as the expenses incurred in the transaction, shall be made by you in the manner you consider to be the most equitable and consistent with your fiduciary obligations to the Fund and to such other clients. To the extent you engage in block trades in futures and other derivatives, you agree to fulfill any relating notification requirements with respect to the Fund under applicable requirements of the Commodity Futures Trading Commission (“CFTC”).

Appears in 1 contract

Samples: Harbor Funds II

Avoidance of Inconsistent Position and Brokerage. In Save as otherwise expressly disclosed in this Agreement, in connection with purchases or sales of portfolio securities and other financial instruments for the account of the portion of the Fund allocated to you, neither you nor any of your directors, officers, employees or affiliates will act as a principal or agent or receive any compensation in connection with the purchase or sale of investment securities and other financial instruments by the Fund, other than the compensation provided for in this Agreement, except as permitted by law the Investment Company Act and approved by the Board of DirectorsTrustees. You or your agent shall arrange for the placing of all orders for the purchase and sale of portfolio securities and other financial instruments for the portion of the Fund’s account allocated to you with brokers or dealers selected by you. In the selection of such brokers or dealers and the placing of such orders, you are directed at all times to seek for the Fund the most favorable execution and net price available. It is also understood that it is desirable for the Fund that you have access to supplemental investment and market research and security and economic analyses provided by certain brokers who may execute brokerage transactions at a higher cost to the Fund than may result when allocating brokerage to other brokers on the basis of seeking the most favorable price and efficient executionbrokers. Therefore, you are authorized, consistent with the provisions of Section 28(e) of the Securities Exchange Act of 1934, the FCA Rules, and in accordance with your research commission policy, which has been provided to the Adviser and the Trust, to place orders for the purchase and sale of securities and other financial instruments for the Fund with such certain brokers if you determine, in good faith, that such commission is reasonable in relation to the value of the brokerage and/or research services provided by such broker-dealer, viewed in terms of either that particular transaction or your overall responsibilities with respect to the Fundbrokers, subject to review by the Board of Directors Trustees from time to time with respect to the extent and continuation of this practice. It is understood that the services provided by such brokers may be useful to you in connection with your services to other clients. If any occasion should arise in which you give any advice to clients of yours concerning the Shares of the Fund, you will act solely as investment counsel for such clients and not in any way on behalf of the Fund. You will advise the FundTrust’s custodian and and, upon request, the Adviser on a prompt basis of each purchase and sale of a portfolio security and other financial instrument, specifying the name of the issuer, the description and amount or number of shares of the security and other financial instrument purchased, the market price, commission and gross or net price, trade date, settlement date and QUANTIX COMMODITIES LP HARBOR CAYMAN INFLATION FOCUS LTD FEBRUARY 9, 2022 identity of the effecting broker or dealer and such other information as may be reasonably required. From time to time as the Fund Board of Trustees or the Adviser may reasonably request, you will furnish to the FundTrust’s officers and to each of its Directors Trustees reports on portfolio transactions and reports on issues of securities and other financial instruments held in the portfolio, all in such detail as the Fund Trust or the Adviser may reasonably request. On occasions when you deem the purchase or sale of a security or other financial instrument to be in the best interest of the Fund as well as other of your clients, you, to the extent permitted by applicable laws and regulationsregulations (including the FCA Rules), may, but shall be under no obligation to, aggregate the securities or other financial instruments to be sold or purchased in order to obtain the most favorable price or lower brokerage commissions and efficient execution. In such event, allocation of the securities or other financial instruments so purchased or sold, as well as the expenses incurred in the transaction, shall be made by you in the manner you consider to be the most equitable and consistent with your fiduciary obligations to transactions effected for the Fund with those of your other clients and to allocate such other clients. To transactions in accordance with the extent you engage in block trades in futures and other derivatives, you agree to fulfill any relating notification requirements with respect to the Fund under applicable requirements of the Commodity Futures Trading Commission FCA Rules. The Adviser acknowledges that the effect of aggregation may work on some occasions to the Fund’s disadvantage. The Adviser acknowledges that you have established an Order Execution Policy to be applied in executing transactions and placing orders with third parties for execution. You may (“CFTC”)subject to the Guidelines) deal on such markets or exchanges and with or through such counterparties, as you think fit. Where relevant, transactions will be effected in accordance with the rules and regulations of the relevant market or exchange, and you may take all such steps as may be required or permitted by such rules and regulations and/or by appropriate market practice. Your Order Execution Policy has been provided to the Adviser and the Trust. The Adviser agrees to your Order Execution Policy and, to the extent that you require the Adviser’s consent MARATHON ASSET MANAGEMENT LLP HARBOR INTERNATIONAL FUND AUGUST 22, 2018 under FCA Rules, the Adviser expressly agrees that you may execute transactions outside of a regulated market, multilateral trading facility, or organized trading facility. Specific instructions from the Adviser in relation to the execution of orders may prevent you from following your Order Execution Policy in relation to such orders in respect of the elements of execution covered by the instructions. The Adviser instructs you not to make public client limit orders in respect of shares admitted to trading on a regulated market which are not immediately executed under prevailing market conditions.

Appears in 1 contract

Samples: Harbor Funds

Avoidance of Inconsistent Position and Brokerage. In Save as otherwise expressly disclosed in this Agreement, in connection with purchases or sales of portfolio securities and other financial instruments for the account of the portion of the Fund allocated to you, neither you nor any of your directors, officers, employees or affiliates will act as a principal or agent or receive any compensation in connection with the purchase or sale of investment securities and other financial instruments by the Fund, other than the compensation provided for in this Agreement, except as permitted by law the Investment Company Act and approved by the Board of DirectorsTrustees. You or your agent shall arrange for the placing of all orders for the purchase and sale of portfolio securities and other financial instruments for the portion of the Fund’s account allocated to you with brokers or dealers selected by you. In the selection of such brokers or dealers and the placing of such orders, you are directed at all times to seek for the Fund the most favorable execution and net price available. It is also understood that it is desirable for the Fund that you have access to supplemental investment and market research and security and economic analyses provided by certain brokers who may execute brokerage transactions at a higher cost to the Fund than may result when allocating brokerage to other brokers on the basis of seeking the most favorable price and efficient execution. Therefore, you are authorized, consistent with the provisions of Section 28(e) of the Securities Exchange Act of 1934, to place orders for the purchase and sale of securities and other financial instruments for the Fund with such certain brokers if you determine, in good faith, that such commission is reasonable in relation to the value of the brokerage and/or research services provided by such broker-dealer, viewed in terms of either that particular transaction or your overall responsibilities with respect to the Fundbrokers, subject to review by the Board of Directors Trustees from time to time with respect to the extent and continuation of this practice. It is understood that the services provided by such brokers may be useful to you in connection with your services to other clients. If any occasion should arise in which you give any advice to clients of yours concerning the Shares of the Fund, you will act solely as investment counsel for such clients and not in any way on behalf of the Fund. You will advise the FundTrust’s custodian and and, upon request, the Adviser on a prompt basis of each purchase and sale of a portfolio security and other financial instrument, specifying the name of the issuer, the description and amount or number of shares of the security and other financial instrument purchased, the market price, commission and gross or net price, trade date, settlement date and QUANTIX COMMODITIES LP HARBOR CAYMAN INFLATION FOCUS LTD FEBRUARY 9, 2022 identity of the effecting broker or dealer and such other information as may be reasonably required. From time to time as the Fund Board of Trustees or the Adviser may reasonably request, you will furnish to the FundTrust’s officers and to each of its Directors Trustees reports on portfolio transactions and reports on issues of securities and other financial instruments held in the portfolio, all in such detail as the Fund Trust or the Adviser may reasonably request. On occasions when you deem the purchase or sale of a security or other financial instrument to be in the best interest of the Fund as well as other of your clients, you, to the extent permitted by applicable laws and regulationsregulations (including the FCA Rules), may, but shall be under no obligation to, aggregate the securities or other financial instruments to be sold or purchased in order to obtain the most favorable price or lower brokerage commissions and efficient execution. In such event, allocation of the securities or other financial instruments so purchased or sold, as well as the expenses incurred in the transaction, shall be made by you in the manner you consider to be the most equitable and consistent with your fiduciary obligations to transactions effected for the Fund with those of your other clients and to allocate such other clients. To transactions in accordance with the extent you engage in block trades in futures and other derivatives, you agree to fulfill any relating notification requirements with respect to the Fund under applicable requirements of the Commodity Futures Trading Commission FCA Rules. The Adviser MARATHON ASSET MANAGEMENT LLP HARBOR DIVERSIFIED INTERNATIONAL ALL CAP FUND NOVEMBER 1, 2015 acknowledges that the effect of aggregation may work on some occasions to the Fund’s disadvantage. The Adviser acknowledges that you have established an Order Execution Policy to be applied in executing transactions and placing orders with third parties for execution. You may (“CFTC”)subject to the Guidelines) deal on such markets or exchanges and with or through such counterparties, as you think fit. Where relevant, transactions will be effected in accordance with the rules and regulations of the relevant market or exchange, and you may take all such steps as may be required or permitted by such rules and regulations and/or by appropriate market practice. Your Order Execution Policy has been provided to the Adviser. The Adviser agrees to your Order Execution Policy and, to the extent that you require the Adviser’s consent under FCA Rules, the Adviser expressly agrees that you may execute transactions outside of a regulated market or multilateral trading facility. Specific instructions from the Adviser in relation to the execution of orders may prevent you from following your Order Execution Policy in relation to such orders in respect of the elements of execution covered by the instructions. The Adviser instructs you not to make public client limit orders in respect of shares admitted to trading on a regulated market which are not immediately executed under prevailing market conditions.

Appears in 1 contract

Samples: Harbor Funds

Avoidance of Inconsistent Position and Brokerage. In connection with purchases or sales of securities and other financial instruments for the account of the portion of the Fund allocated to you, neither you nor any of your directors, officers, employees or affiliates will act as a principal or agent or receive any compensation in connection with the purchase or sale of securities and other financial instruments by the Fund, other than the compensation provided for in this Agreement, except as permitted by law and approved by the Board of Directors. You or your agent shall arrange for the placing of all orders for the purchase and sale of securities and other financial instruments for the portion of the Fund’s account allocated to you with brokers or dealers selected by you. In the selection of such brokers or dealers and the placing of such orders, you are directed at all times to seek for the Fund the most favorable execution and net price best overall terms available. It is also understood that it is desirable for the Fund that you have access to supplemental investment and market research and security and economic analyses provided by certain brokers who may execute brokerage transactions at a higher cost to the Fund than may result when allocating brokerage to other brokers on the basis of seeking the most favorable price best overall terms available and efficient execution. Therefore, you are authorized, consistent with the provisions of Section 28(e) of the Securities Exchange Act of 1934, to place orders for the purchase and sale of securities and other financial instruments for the Fund with such certain brokers if you determine, in good faith, that such commission is reasonable in relation to the value of the brokerage and/or research services provided by such broker-dealer, viewed in terms of either that particular transaction or your overall responsibilities with respect to the Fund, subject to review by the Board of Directors from time to time with respect to the extent and continuation of this practice. It is understood that the services provided by such brokers may be useful to you in connection with your services to other clients. If any occasion should arise in which you give any advice to clients of yours concerning the Shares of the Fund, you will act solely as investment counsel for such clients and not in any way on behalf of the Fund. You will advise the Fund’s custodian and and, upon reasonable request, the Adviser on a prompt basis as soon as reasonably practicable of each purchase and sale of a portfolio security and other financial instrument, specifying the name of the issuer, the description and amount or number of shares of the security and other financial instrument purchased, the market price, commission and gross or net price, trade date, settlement date and QUANTIX COMMODITIES LP HARBOR CAYMAN INFLATION FOCUS LTD FEBRUARY 9, 2022 identity of the effecting broker or dealer and such other information as may be reasonably required. From time to time as the Fund or the Adviser may reasonably request, you will furnish to the Fund’s officers and to each of its Directors reports on portfolio transactions and reports on issues of securities and other financial instruments held in the portfolio, all in such detail as mutually agreed upon and as the Fund or the Adviser may reasonably request. On occasions when you deem the purchase or sale of a security or other financial instrument to be in the best interest of the Fund as well as other of your clients, you, to the extent permitted by applicable laws and regulations, may, but shall be under no obligation to, aggregate the securities Xxxxxxxxx Xxxxxx Investment Advisers LLC EMBARK CAYMAN FUND III LTD JANUARY 17, 2024 or other financial instruments to be sold or purchased in order to obtain the most favorable price or lower brokerage commissions best overall terms available and efficient execution. In such event, allocation of the securities or other financial instruments so purchased or sold, as well as the expenses incurred in the transaction, shall be made by you in the manner you consider to be the most equitable and consistent with your fiduciary obligations to the Fund and to such other clientsclients and consistent with your applicable policies and procedures as are in effect from time to time. To the extent you engage in block trades in futures and other derivatives, you agree to fulfill any relating notification requirements with respect to the Fund under applicable requirements of the Commodity Futures Trading Commission (“CFTC”).

Appears in 1 contract

Samples: Harbor Funds II

Avoidance of Inconsistent Position and Brokerage. In Save as otherwise expressly disclosed in this Agreement, in connection with purchases or sales of portfolio securities and other financial instruments for the account of the portion of the Fund allocated to you, neither you nor any of your directors, officers, employees or affiliates will act as a principal or agent or receive any compensation in connection with the MARATHON ASSET MANAGEMENT LLP HARBOR EMERGING MARKETS EQUITY FUND SEPTEMBER 23, 2020 purchase or sale of investment securities and other financial instruments by the Fund, other than the compensation provided for in this Agreement, except as permitted by law the Investment Company Act and approved by the Board of DirectorsTrustees. You or your agent shall arrange for the placing of all orders for the purchase and sale of portfolio securities and other financial instruments for the portion of the Fund’s account allocated to you with brokers or dealers selected by you. In the selection of such brokers or dealers and the placing of such orders, you are directed at all times to seek for the Fund the most favorable execution and net price available. It is also understood that it is desirable for the Fund that you have access to supplemental investment and market research and security and economic analyses provided by certain brokers who may execute brokerage transactions at a higher cost to the Fund than may result when allocating brokerage to other brokers on the basis of seeking the most favorable price and efficient executionbrokers. Therefore, you are authorized, consistent with the provisions of Section 28(e) of the Securities Exchange Act of 1934, the FCA Rules, and in accordance with your broker commission policy, which has been provided to the Adviser and the Trust, to place orders for the purchase and sale of securities and other financial instruments for the Fund with such certain brokers if you determine, in good faith, that such commission is reasonable in relation to the value of the brokerage and/or research services provided by such broker-dealer, viewed in terms of either that particular transaction or your overall responsibilities with respect to the Fundbrokers, subject to review by the Board of Directors Trustees from time to time with respect to the extent and continuation of this practice. It is understood that the services provided by such brokers may be useful to you in connection with your services to other clients. If any occasion should arise in which It is understood that this external research will be payable by you give any advice to clients of yours concerning the Shares of the Fund, you will act solely as investment counsel for such clients and not in any way on behalf of the Fundfrom equity generated broker commissions. You will advise the FundTrust’s custodian and and, upon request, the Adviser on a prompt basis of each purchase and sale of a portfolio security and other financial instrument, specifying the name of the issuer, the description and amount or number of shares of the security and other financial instrument purchased, the market price, commission and gross or net price, trade date, settlement date and QUANTIX COMMODITIES LP HARBOR CAYMAN INFLATION FOCUS LTD FEBRUARY 9, 2022 identity of the effecting broker or dealer and such other information as may be reasonably required. From time to time as the Fund Board of Trustees or the Adviser may reasonably request, you will furnish to the FundTrust’s officers and to each of its Directors Trustees reports on portfolio transactions and reports on issues of securities and other financial instruments held in the portfolio, all in such detail as the Fund Trust or the Adviser may reasonably request. On occasions when you deem the purchase or sale of a security or other financial instrument to be in the best interest of the Fund as well as other of your clients, you, to the extent permitted by applicable laws and regulationsregulations (including the FCA Rules), may, but shall be under no obligation to, aggregate the securities or other financial instruments to be sold or purchased in order to obtain the most favorable price or lower brokerage commissions and efficient execution. In such event, allocation of the securities or other financial instruments so purchased or sold, as well as the expenses incurred in the transaction, shall be made by you in the manner you consider to be the most equitable and consistent with your fiduciary obligations to transactions effected for the Fund with those of your other clients and to allocate such other clients. To transactions in accordance with the extent you engage in block trades in futures and other derivatives, you agree to fulfill any relating notification requirements with respect to the Fund under applicable requirements of the Commodity Futures Trading Commission FCA Rules. The Adviser acknowledges that the effect of aggregation may work on some occasions to the Fund’s disadvantage. The Adviser acknowledges that you have established an Order Execution Policy to be applied in executing transactions and placing orders with third parties for execution. You may (“CFTC”)subject to the Guidelines) deal on such markets or exchanges and with or through such counterparties, as you think fit. Where relevant, transactions will be effected in accordance with the rules and regulations of the relevant market or exchange, and you may take all such steps as may be required or permitted by such rules and regulations and/or by appropriate market practice. Your Order Execution Policy has been provided to the Adviser and the Trust. The Adviser agrees to your Order Execution Policy and, to the extent that you require the Adviser’s consent under FCA Rules, the Adviser expressly agrees that you may execute transactions outside of a regulated market, multilateral trading facility, or organized trading facility. MARATHON ASSET MANAGEMENT LLP HARBOR EMERGING MARKETS EQUITY FUND SEPTEMBER 23, 2020 Specific instructions from the Adviser in relation to the execution of orders may prevent you from following your Order Execution Policy in relation to such orders in respect of the elements of execution covered by the instructions. The Adviser instructs you not to make public client limit orders in respect of shares admitted to trading on a regulated market which are not immediately executed under prevailing market conditions.

Appears in 1 contract

Samples: Harbor Funds

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Avoidance of Inconsistent Position and Brokerage. In Save as otherwise expressly disclosed in this Agreement, in connection with purchases or sales of portfolio securities and other financial instruments for the account of the portion of the Fund allocated to you, neither you nor any of your directors, officers, employees or affiliates will act as a principal or agent or receive any compensation in connection with the purchase or sale of investment securities and other financial instruments by the Fund, other than the compensation provided for in this Agreement, except as permitted by law the Investment Company Act and approved by the Board of DirectorsTrustees. You or your agent shall arrange for the placing of all orders for the purchase and sale of portfolio securities and other financial instruments for the portion of the Fund’s account allocated to you with brokers or dealers selected by you. In the selection of such brokers or dealers and the placing of such orders, you are directed at all times to seek for the Fund the most favorable execution and net price available. It is also understood that it is desirable for the Fund that you have access to supplemental investment and market research and security and economic analyses provided by certain brokers who may execute brokerage transactions at a higher cost to the Fund than may result when allocating brokerage to other brokers on the basis of seeking the most favorable price and efficient executionbrokers. Therefore, you are authorized, consistent with the provisions of Section 28(e) of the Securities Exchange Act of 1934, the FCA Rules, and in accordance with your research commission policy, which has been provided to the Adviser and the Trust, to place orders for the purchase and sale of securities and other financial instruments for the Fund with such certain brokers if you determine, in good faith, that such commission is reasonable in relation to the value of the brokerage and/or research services provided by such broker-dealer, viewed in terms of either that particular transaction or your overall responsibilities with respect to the Fundbrokers, subject to review by the Board of Directors Trustees from time to time with respect to the extent and continuation of this practice. It is understood that the services provided by such brokers may be useful to you in connection with your services to other clients. If any occasion should arise in which you give any advice to clients of yours concerning the Shares of the Fund, you will act solely as investment counsel for such clients and not in any way on behalf of the Fund. You will advise the FundTrust’s custodian and and, upon request, the Adviser on a prompt basis of each purchase and sale of a portfolio security and other financial instrument, specifying the name of the issuer, the description and amount or number of shares of the security and other financial instrument purchased, the market price, commission and gross or net price, trade date, settlement date and QUANTIX COMMODITIES LP HARBOR CAYMAN INFLATION FOCUS LTD FEBRUARY 9, 2022 identity of the effecting broker or dealer and such other information as may be reasonably required. From time to time as the Fund Board of Trustees or the Adviser may reasonably request, you will furnish to the FundTrust’s officers and to each of its Directors Trustees reports on portfolio transactions and reports on issues of securities and other financial instruments held in the portfolio, all in such detail as the Fund Trust or the Adviser may reasonably request. On occasions when you deem the purchase or sale of a security or other financial instrument to be in the best interest of the Fund as well as other of your clients, you, to the extent permitted by applicable laws and regulationsregulations (including the FCA Rules), may, but shall be under no obligation to, aggregate the securities or other financial instruments to be sold or purchased in order to obtain the most favorable price or lower brokerage commissions and efficient execution. In such event, allocation of the securities or other financial instruments so purchased or sold, as well as the expenses incurred in the transaction, shall be made by you in the manner you consider to be the most equitable and consistent with your fiduciary obligations to transactions effected for the Fund with those of your other clients and to allocate such other clients. To transactions in accordance with the extent you engage in block trades in futures and other derivatives, you agree to fulfill any relating notification requirements with respect to the Fund under applicable requirements of the Commodity Futures Trading Commission FCA Rules. The Adviser acknowledges that the effect of aggregation may work on some occasions to the Fund’s disadvantage. The Adviser acknowledges that you have established an Order Execution Policy to be applied in executing transactions and placing orders with third parties for execution. You may (“CFTC”)subject to the Guidelines) deal on such markets or exchanges and with or through such counterparties, as you think fit. Where relevant, transactions will be effected in accordance with the rules and regulations of the relevant market or exchange, and you may take all such steps as may be required or permitted by such rules and regulations and/or by appropriate market practice. MARATHON ASSET MANAGEMENT LLP HARBOR DIVERSIFIED INTERNATIONAL ALL CAP FUND AUGUST 22, 2018 Your Order Execution Policy has been provided to the Adviser and the Trust. The Adviser agrees to your Order Execution Policy and, to the extent that you require the Adviser’s consent under FCA Rules, the Adviser expressly agrees that you may execute transactions outside of a regulated market, multilateral trading facility, or organized trading facility. Specific instructions from the Adviser in relation to the execution of orders may prevent you from following your Order Execution Policy in relation to such orders in respect of the elements of execution covered by the instructions. The Adviser instructs you not to make public client limit orders in respect of shares admitted to trading on a regulated market which are not immediately executed under prevailing market conditions.

Appears in 1 contract

Samples: Harbor Funds

Avoidance of Inconsistent Position and Brokerage. In connection with purchases or sales of securities and other financial instruments for the account of the portion of the Fund allocated to you, neither you nor any of your directors, officers, employees or affiliates will act as a principal or agent or receive any compensation in connection with the purchase or sale of securities and other financial instruments by the Fund, other than the compensation provided for in this Agreement, except as permitted by law and approved by the Board of Directors. You or your agent shall arrange for the placing of all orders for the purchase and sale of securities and other financial instruments for the portion of the Fund’s account allocated to you with brokers or dealers selected by you. In the selection of such brokers or dealers and the placing of such orders, you are directed at all times to seek for the Fund the most favorable execution and net price available. It is also understood that it is desirable for the Fund that you have access to supplemental investment and market research and security and economic analyses provided by certain brokers who may execute brokerage transactions at a higher cost to the Fund than may result when allocating brokerage to other brokers on the basis of seeking the most favorable price and efficient execution. Therefore, you are authorized, consistent with the provisions of Section 28(e) of the Securities Exchange Act of 1934, to place orders for the purchase and sale of securities and other financial instruments for the Fund with such certain brokers if you determine, in good faith, that such commission is reasonable in relation to the value of the brokerage and/or research services provided by such broker-dealer, viewed in terms of either that particular transaction or your overall responsibilities with respect to the Fund, subject to review by the Board of Directors from time to time with respect to the extent and continuation of this practice. It is understood that the services provided by such brokers may be useful to you in connection with your services to other clients. If any occasion should arise in which you give any advice to clients of yours concerning the Shares of the Fund, you will act solely as investment counsel for such clients and not in any way on behalf of the Fund. You will advise the Fund’s custodian and the Adviser on a prompt basis of each purchase and sale of a security and other financial instrument, specifying the name of the issuer, the description and amount or number of shares of the security and other financial instrument purchased, the market price, commission and gross or net price, trade date, settlement date and QUANTIX COMMODITIES LP HARBOR CAYMAN INFLATION FOCUS LTD FEBRUARY 9, 2022 identity of the effecting broker or dealer and such other information as may be reasonably required. From time to time as the Fund or the Adviser may request, you will furnish to the Fund’s officers and to each of its Directors reports on portfolio transactions and reports on issues of securities and other financial instruments held in the portfolio, all in such detail as the Fund or the Adviser may reasonably request. Summerhaven Capital Management, LLC EMBARK CAYMAN FUND VI LTD JANUARY 17, 2024 On occasions when you deem the purchase or sale of a security or other financial instrument to be in the best interest of the Fund as well as other of your clients, you, to the extent permitted by applicable laws and regulations, may, but shall be under no obligation to, aggregate the securities or other financial instruments to be sold or purchased in order to obtain the most favorable price or lower brokerage commissions and efficient execution. In such event, allocation of the securities or other financial instruments so purchased or sold, as well as the expenses incurred in the transaction, shall be made by you in the manner you consider to be the most equitable and consistent with your fiduciary obligations to the Fund and to such other clients. To the extent you engage in block trades in futures and other derivatives, you agree to fulfill any relating notification requirements with respect to the Fund under applicable requirements of the Commodity Futures Trading Commission (“CFTC”).

Appears in 1 contract

Samples: Harbor Funds II

Avoidance of Inconsistent Position and Brokerage. In connection with purchases or sales of portfolio securities and other financial instruments for the account of the portion of the Fund allocated to you, neither you nor any of your directors, officers, employees or affiliates will act as a principal or agent or receive any compensation in connection with the purchase or sale of investment securities and other financial instruments by XXXXXXX XXXXXXX OVERSEAS LIMITED HARBOR INTERNATIONAL GROWTH FUND JULY 1, 2013 the Fund, other than the compensation provided for in this Agreement, except as permitted by law the Investment Company Act and approved by the Board of DirectorsTrustees. You or your agent shall arrange for the placing of all orders for the purchase and sale of portfolio securities and other financial instruments for the portion of the Fund’s account allocated to you with brokers or dealers selected by you. In the selection of such brokers or dealers and the placing of such orders, you are directed at all times to seek for the Fund the most favorable execution and net price available. It is also understood that it is desirable for the Fund that you have access to supplemental investment and market research and security and economic analyses provided by certain brokers who may execute brokerage transactions at a higher cost to the Fund than may result when allocating brokerage to other brokers on the basis of seeking the most favorable price and efficient execution. Therefore, you are authorized, consistent with the provisions of Section 28(e) of the Securities Exchange Act of 1934, authorized to place orders for the purchase and sale of securities and other financial instruments for the Fund with such certain brokers if you determine, in good faith, that such commission is reasonable in relation to the value of the brokerage and/or research services provided by such broker-dealer, viewed in terms of either that particular transaction or your overall responsibilities with respect to the Fundbrokers, subject to review by the Board of Directors Trustees from time to time with respect to the extent and continuation of this practice. It is understood that the services provided by such brokers may be useful to you in connection with your services to other clients. If any occasion should arise in which you give any advice to clients of yours concerning the Shares of the Fund, you will act solely as investment counsel for such clients and not in any way on behalf of the Fund. You will advise the FundTrust’s custodian and the Adviser on a prompt basis of each purchase and sale of a portfolio security and other financial instrument, specifying the name of the issuer, the description and amount or number of shares of the security and other financial instrument purchased, the market price, commission and gross or net price, trade date, settlement date and QUANTIX COMMODITIES LP HARBOR CAYMAN INFLATION FOCUS LTD FEBRUARY 9, 2022 identity of the effecting broker or dealer and such other information as may be reasonably required. From time to time as the Fund Board of Trustees or the Adviser may reasonably request, you will furnish to the FundTrust’s officers and to each of its Directors Trustees reports on portfolio transactions and reports on issues of securities and other financial instruments held in the portfolio, all in such detail as the Fund Trust or the Adviser may reasonably request. On occasions when you deem the purchase or sale of a security or other financial instrument to be in the best interest of the Fund as well as other of your clients, you, to the extent permitted by applicable laws and regulations, may, but shall be under no obligation to, aggregate the securities or other financial instruments to be sold or purchased in order to obtain the most favorable price or lower brokerage commissions and efficient execution. In such event, allocation of the securities or other financial instruments so purchased or sold, as well as the expenses incurred in the transaction, shall be made by you in the manner you consider to be the most equitable and consistent with your fiduciary obligations to the Fund and to such other clients. To the extent you engage in block trades in futures and other derivatives, you agree to fulfill any relating notification requirements with respect to the Fund under applicable requirements of the Commodity Futures Trading Commission (“CFTC”).

Appears in 1 contract

Samples: Harbor Funds

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