Common use of Dual Employees Clause in Contracts

Dual Employees. The Adviser agrees that only its employees who are registered representatives of the Distributor ("dual employees") shall offer or sell Shares of the Portfolios and further agrees that the activities of any such employees as registered representatives of the Distributor shall be limited to offering and selling Shares. If there are dual employees, one employee of the Adviser shall register as a principal of the Distributor and assist the Distributor in monitoring the marketing and sales activities of the dual employees. The Adviser shall maintain errors and omissions and fidelity bond insurance policies providing reasonable coverage for its employees activities and shall provide copies of such policies to the Distributor. The Adviser shall indemnify and hold harmless the Distributor against any and all liabilities, losses, damages, claims and expenses (including reasonable attorneys' fees and disbursements and investigation costs incident thereto) arising from or related to the Adviser's employees' activities as registered representatives of the Distributor, including, without limitation, any and all such liabilities, losses, damages, claims and expenses arising from or related to the breach by such dual employees of any rules or regulations of the NASD or SEC.

Appears in 18 contracts

Samples: Distribution Agreement (Amidex Funds Inc), Distribution Agreement (Memorial Funds), Distribution Agreement (Stockcar Stocks Mutual Fund Inc)

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Dual Employees. The Adviser Manager agrees that only its employees who are registered representatives of the Distributor ("dual employees") shall offer or sell Shares of the Portfolios and further agrees that the activities of any such employees as registered representatives of the Distributor shall be limited to offering and selling Shares. If there are dual employees, one employee of the Adviser Manager shall register as a principal of the Distributor and assist the Distributor in monitoring the marketing and sales activities of the dual employees. The Adviser Manager shall maintain errors and omissions and fidelity bond insurance policies providing reasonable coverage for its employees activities and shall provide copies of such policies to the Distributor. The Adviser Manager shall indemnify and hold harmless the Distributor against any and all liabilities, losses, damages, claims and expenses (including reasonable attorneys' fees and disbursements and investigation costs incident thereto) arising from or related to the AdviserManager's employees' activities as registered representatives of the Distributor, including, without limitation, any and all such liabilities, losses, damages, claims and expenses arising from or related to the breach by such dual employees of any rules or regulations of the NASD or SEC.

Appears in 2 contracts

Samples: Distribution Agreement (Commonwealth International Series Trust), Distribution Agreement (Commonwealth International Series Trust)

Dual Employees. The Adviser agrees and Company each agree that only its employees who are registered representatives of the Distributor ("dual employees") shall offer or sell Shares of the Portfolios Portfolio and further agrees that the activities of any such employees as registered representatives of the Distributor shall be limited to offering and selling Portfolio Shares. If there are dual employees, one employee of the Adviser or Company, as applicable, shall register as a principal of the Distributor and assist the Distributor in monitoring the marketing and sales activities of the dual employees. The Adviser shall maintain errors and omissions and fidelity bond insurance policies providing reasonable coverage for its employees activities and shall provide copies of such policies to the Distributor. The Adviser and Company shall indemnify and hold harmless the Distributor against any and all liabilities, losses, damages, claims and expenses (including reasonable attorneys' fees and disbursements and investigation costs incident thereto) arising from or related to the Adviser's or Company’s, as applicable, employees' activities as registered representatives of the Distributor, including, without limitation, any and all such liabilities, losses, damages, claims and expenses arising from or related to the breach by such dual employees of any rules or regulations of the NASD or SEC.

Appears in 1 contract

Samples: Distribution Agreement (Santa Barbara Group of Mutual Funds Inc)

Dual Employees. The Adviser agrees that only its employees who are registered representatives of the Distributor ("dual employees") shall offer or sell Shares of the Portfolios Funds and further agrees that the activities of any such employees as registered representatives of the Distributor shall be limited to offering and selling Shares. If there are dual employees, one employee of the Adviser shall register as a principal of the Distributor and assist the Distributor in monitoring the marketing and sales activities of the dual employees. The Adviser shall maintain errors and omissions and fidelity bond insurance policies providing reasonable coverage for its employees activities and shall provide copies of such policies to the Distributor. The Adviser shall indemnify and hold harmless the Distributor against any and all liabilities, losses, damages, claims and expenses (including reasonable attorneys' fees and disbursements and investigation costs incident thereto) arising from or related to the Adviser's employees' activities as registered representatives of the Distributor, including, without limitation, any and all such liabilities, losses, damages, claims and expenses arising from or related to the breach by such dual employees of any rules or regulations of the NASD or SEC.

Appears in 1 contract

Samples: Distribution Agreement (Conestoga Funds)

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Dual Employees. The Adviser agrees and Trust each agree that only its employees who are registered representatives of the Distributor ("dual employees") shall offer or sell Shares of the Portfolios Portfolio and further agrees that the activities of any such employees as registered representatives of the Distributor shall be limited to offering and selling Portfolio Shares. If there are dual employees, one employee of the Adviser or Trust, as applicable, shall register as a principal of the Distributor and assist the Distributor in monitoring the marketing and sales activities of the dual employees. The Adviser shall maintain errors and omissions and fidelity bond insurance policies providing reasonable coverage for its employees activities and shall provide copies of such policies to the Distributor. The Adviser and Trust shall indemnify and hold harmless the Distributor against any and all liabilities, losses, damages, claims and expenses (including reasonable attorneys' fees and disbursements and investigation costs incident thereto) arising from or related to the Adviser's or Trust's, as applicable, employees' activities as registered representatives of the Distributor, including, without limitation, any and all such liabilities, losses, damages, claims and expenses arising from or related to the breach by such dual employees of any rules or regulations of the NASD or SEC.

Appears in 1 contract

Samples: Distribution Agreement (Declaration Fund)

Dual Employees. The Adviser agrees and Company each agree that only its employees who are registered representatives of the Distributor ("dual employees") shall offer or sell Shares of the Portfolios Portfolio and further agrees that the activities of any such employees as registered representatives of the Distributor shall be limited to offering and selling Portfolio Shares. If there are dual employees, one employee of the Adviser or Company, as applicable, shall register as a principal of the Distributor and assist the Distributor in monitoring the marketing and sales activities of the dual employees. The Adviser shall maintain errors and omissions and fidelity bond insurance policies providing reasonable coverage for its employees activities and shall provide copies of such policies to the Distributor. The Adviser and Company shall indemnify and hold harmless the Distributor against any and all liabilities, losses, damages, claims and expenses (including reasonable attorneys' fees and disbursements and investigation costs incident thereto) arising from or related to the Adviser's or Company's, as applicable, employees' activities as registered representatives of the Distributor, including, without limitation, any and all such liabilities, losses, damages, claims and expenses arising from or related to the breach by such dual employees of any rules or regulations of the NASD or SEC.

Appears in 1 contract

Samples: Distribution Agreement (Santa Barbara Group of Mutual Funds Inc)

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