Common use of Binding Effect; Assignment Clause in Contracts

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective without the written consent of the other party hereto. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust Company or by the Custodian, and no attempted assignment by the Trust Company or the Custodian shall be effective without the written consent of the other party hereto. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Company or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust Corporation or by the Custodian, and no attempted assignment by the Trust Corporation or the Custodian shall be effective without the written consent of the other party hereto. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Corporation or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and inure to the parties hereto, benefit of the Trust and Empirical and their respective successors and assigns; provided, however, provided that no party hereto may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust any of its rights or the Custodian shall be effective obligations hereunder without the written consent of the other party heretoparty. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and inure to the parties heretobenefit of the General Partner, the Fund and the Administrator and their respective successors and assigns; provided, however, provided that no party hereto may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust any of its rights or the Custodian shall be effective obligations hereunder without the written consent of the other party heretoparties. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust General Partner, unitholder of the Fund or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and inure to the parties hereto, benefit of the Trust and EMPIRICAL and their respective successors and assigns; provided, however, provided that no party hereto may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust any of its rights or the Custodian shall be effective obligations hereunder without the written consent of the other party heretoparty. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and shall inure to the parties hereto, benefit of the Custodian and the Fund and their respective successors and assigns; providedassignees, however, provided that neither party may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective without the prior written consent of the other party heretoCustodian. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Fund or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and inure to the parties hereto, benefit of the Trust and Administrator and their respective successors and assigns; provided, however, provided that no party hereto may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust any of its rights or the Custodian shall be effective obligations hereunder without the written consent of the other party heretoparty. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client shareholder of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and shall inure to the parties hereto, benefit of the Custodian and the Trust and their respective successors and assigns; providedassignees, however, provided that neither party may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective without the prior written consent of the other party heretoCustodian. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and inure to the parties hereto, benefit of the Adviser and the Administrator and their respective successors and assigns; provided, however, provided that no party hereto may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust any of its rights or the Custodian shall be effective obligations hereunder without the written consent of the other party heretoparty. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Adviser or other third party shall have any rights under this Agreement except as provided herein and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective without the written consent of the other party hereto. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client shareholder of the Trust any Fund or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective without the written consent of the other party hereto. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreementhereof. Accordingly, no client of the Trust Client or other third party parties shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties. This Agreement shall be binding upon and inure to the benefit of Client and BBH and their respective successors and assigns, provided that no party hereto may assign this Agreement or any of its rights or obligations hereunder without the written consent of the other party or parties, as applicable.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and inure to the parties heretobenefit of the Trust, the Sponsor and the Administrator and their respective successors and assigns; provided, however, provided that no party hereto may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust any of its rights or the Custodian shall be effective obligations hereunder without the written consent of the other party heretoparty. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client unit holder or shareholder of the Trust a Fund or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust Sub-custodian or by the CustodianTrust, and no attempted assignment by the Sub-Custodian or Trust or the Custodian shall be effective without the written consent of the other party heretoCustodian. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust Fund or by the Custodian, and no attempted assignment by the Trust Fund or the Custodian shall be effective without the written consent of the other party hereto. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Fund or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and shall inure to the parties hereto, benefit of the Custodian and the Trust and their respective successors and assigns; providedassignees, however, provided that the Trust may not assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective without the prior written consent of the other party heretoCustodian. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and shall inure to the parties hereto, benefit of the Custodian/ Administrator and the Fund and their respective successors and assigns; providedassignees, however, provided that neither party may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective without the prior written consent of the other party heretoparty. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Company or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon bindingupon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall Agreementshall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian theCustodian shall be effective without the written consent of the other party hereto. Each party agrees that only the onlythe parties to this agreement and /or and/or their successors in interest shall have a right to enforce the terms of this ofthis Agreement. Accordingly, no client of the Trust or other third party shall have any rights under this Agreement thisAgreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and inure to the parties heretobenefit of the Trust (and the Funds), the Sponsor and the Administrator and their respective successors and assigns; provided, however, provided that no party hereto may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust any of its rights or the Custodian shall be effective obligations hereunder without the written consent of the other party heretoparty. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client unit holder or shareholder of the Trust a Fund or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and shall inure to the parties hereto, benefit of the Custodian and the Trust and their respective successors and assigns; providedassignees, however, provided that no party hereto may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust any of its rights or the Custodian shall be effective obligations hereunder without the prior written consent of the other party heretoparty. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust Company or by the Custodian, and no attempted assignment by the Trust Company or the Custodian shall be effective without the written consent of the other party hereto. .Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Company or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to be binding upon, and shall be binding upon inure to the parties benefit of, the Parties hereto, and their respective successors heirs, personal representatives, successors, and assigns; provided. Neither this Agreement, howevernor any of the rights or duties hereunder, that this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective assigned or delegated by either Party without the express written consent of the other party heretoother, which consent shall not be unreasonably withheld, delayed or conditioned. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust or other third party shall have any rights under Party may assign this Agreement and such rights are explicitly disclaimed by the partiesto any entity it controls or with which it is under common control, including without limitation anyaffiliate.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and shall inure to the parties hereto, benefit of the Custodian/Administrator and the Trust and their respective successors and assigns; providedassignees, however, provided that the Trust may not assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective without the prior written consent of the other party heretoCustodian. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and all of the provisions hereof shall be binding upon and inure to the benefit of the parties hereto, hereto and their respective heirs, executors, successors and permitted assigns; provided, howeverbut, that except as expressly contemplated herein, neither this Agreement nor any of the rights, interests or obligations hereunder shall not be assignable as signed, directly or indirectly, by the Trust Company or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective Holder without the prior written consent of the other party heretoother. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. AccordinglyUpon any such assignment, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by shall be amended to substitute the partiesassignee as a party hereto in a writing reasonably acceptable to the other party.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective effective, without the written consent of the other party hereto. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and inure to the benefit of the parties hereto, hereto and their respective successors and assigns; provided, however, provided that no party hereto may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust any of its rights or the Custodian shall be effective obligations hereunder without the written consent of the other party heretoparties. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client shareholder of the Trust a Fund or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust Company or by the Custodian, and no attempted assignment by the Trust Company or the Custodian shall be effective without the written consent of the other party hereto. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Company or other third party shall have any rights under this Agreement and such rights are arc explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust Company or by the Custodian, and no attempted assignment by the Trust Company or the Custodian shall be effective without the written consent of the other party hereto. Each party agrees that only the parties to this agreement and /or and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client shareholder of the Trust Fund or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and shall inure to the parties hereto, benefit of the Custodian and the Trust and their respective successors and assigns; provided, however, that permitted assignees. Neither the Custodian nor the Trust may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective without the prior written consent of the other party heretoparty. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Fund or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and shall inure to the parties hereto, benefit of the Custodian and the Fund and their respective successors and assigns; providedassignees, however, provided that neither party may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective without the prior written consent of the other party heretoparty. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Fund or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and shall inure to the parties hereto, benefit of the Custodian and the Fund and their respective successors and assigns; providedassignees, however, provided that neither party may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective without the prior written consent of the other party heretoparty. Any attempt to do so in violation of this Section will be void. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Fund or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.