Common use of Duration and Termination of Agreement; Amendments Clause in Contracts

Duration and Termination of Agreement; Amendments. (a) Subject to prior termination as provided in subparagraph (d) of this paragraph 9, this Agreement shall continue in force for a period of two years from the date hereof and shall continue in force from year to year thereafter, but only so long as the continuance after such period shall be specifically approved at least annually by vote of the Corporation’s Board of Directors or by vote of a majority of the outstanding voting securities of the Fund. (b) This Agreement may be modified by mutual consent of the Advisor, the Sub-Advisor and the Corporation (by its Board of Directors and, if applicable, the Fund’s shareholders) subject to the provisions of Section 15 of the 1940 Act, as modified by or interpreted by any applicable order or orders of the Securities and Exchange Commission (the “Commission”) or any rules or regulations adopted by, or interpretative releases of, the Commission. (c) In addition to the requirements of subparagraphs (a) and (b) of this paragraph 9, the terms of any continuance or modification of this Agreement must have been approved by the vote of a majority of those Directors of the Corporation who are not parties to this Agreement or interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval. (d) Either the Advisor or the Sub-Advisor may, at any time on sixty (60) days’ prior written notice to the other parties, terminate this Agreement, without payment of any penalty, by action of its board of directors, or with respect to the Corporation, by vote of a majority of the Fund’s outstanding voting securities. This Agreement shall terminate automatically in the event of its assignment or in the event of the termination of the Investment Advisory Agreement.

Appears in 10 contracts

Samples: Sub Advisory Agreement (Nomura Partners Funds, Inc.), Sub Advisory Agreement (Nomura Partners Funds, Inc.), Sub Advisory Agreement (Nomura Partners Funds, Inc.)

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Duration and Termination of Agreement; Amendments. (a) Subject to prior termination as provided in subparagraph (d) of this paragraph 9, this Agreement shall continue in force for a period of two years from the date hereof until September 30, 2019 and shall continue in force from year to year indefinitely thereafter, but only so long as the continuance after such period shall be specifically approved at least annually by vote of the CorporationTrust’s Board of Directors Trustees or by vote of a majority of the outstanding voting securities of the FundPortfolio. (b) This Agreement may be modified by mutual consent of the Sub-Advisor, the Sub-Advisor Subadvisor and the Corporation (by its Board of Directors and, if applicable, the Fund’s shareholders) Portfolio subject to the provisions of Section 15 of the 1940 Act, as modified by or interpreted by any applicable order or orders of the Securities and Exchange Commission (the “Commission”) or any rules or regulations adopted by, or interpretative releases or no-action letters of, the CommissionCommission or its staff. (c) In addition to the requirements of subparagraphs (a) and (b) of this paragraph 9, the terms of any continuance or modification of this Agreement must have been approved by the vote of a majority of those Directors Trustees of the Corporation Trust who are not parties to this Agreement or interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval. (d) Either the Advisor or Sub-Advisor, the Sub-Advisor Subadvisor or the Portfolio may, at any time on sixty (60) days’ prior written notice to the other parties, terminate this Agreement, without payment of any penalty, by action of its board Board of directorsTrustees or Directors, or with respect to the Corporation, Portfolio by vote of a majority of the Fund’s its outstanding voting securities. This Agreement shall terminate automatically in the event of its assignment or in the event of the termination of the Investment Advisory Agreementassignment.

Appears in 10 contracts

Samples: Sub Subadvisory Agreement (Fidelity Rutland Square Trust II), Sub Subadvisory Agreement (Fidelity Rutland Square Trust II), Sub Subadvisory Agreement (Fidelity Rutland Square Trust II)

Duration and Termination of Agreement; Amendments. (a) Subject to prior termination as provided in subparagraph (d) of this paragraph 910, this Agreement shall continue in force for a period of two years from the date hereof and shall continue in force from year to year thereafter, but only so long as the continuance after such period shall be specifically approved at least annually by vote of the Corporation’s Board of Directors or by vote of a majority of the outstanding voting securities of the Fund. (b) This Agreement may be modified by mutual consent of the Advisor, the Sub-Advisor and the Corporation (by its Board of Directors and, if applicable, the Fund’s shareholders) subject to the provisions of Section 15 of the 1940 Act, as modified by or interpreted by any applicable order or orders of the Securities and Exchange Commission (the “Commission”) or any rules or regulations adopted by, or interpretative releases of, the Commission. (c) In addition to the requirements of subparagraphs (a) and (b) of this paragraph 910, the terms of any continuance or modification of this Agreement must have been approved by the vote of a majority of those Directors of the Corporation who are not parties to this Agreement or interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval. (d) Either the Advisor or the Sub-Advisor may, at any time on sixty (60) days’ prior written notice to the other parties, terminate this Agreement, without payment of any penalty, by action of its board of directors, or with respect to the Corporation, by vote of a majority of the Fund’s outstanding voting securities. This Agreement shall terminate automatically in the event of its assignment or in the event of the termination of the Investment Advisory Agreement.

Appears in 8 contracts

Samples: Sub Advisory Agreement (Nomura Partners Funds, Inc.), Sub Advisory Agreement (Nomura Partners Funds, Inc.), Sub Advisory Agreement (Nomura Partners Funds, Inc.)

Duration and Termination of Agreement; Amendments. (a) Subject to prior termination as provided in subparagraph (d) of this paragraph 9, this Agreement shall continue in force for a period of two years from the date hereof until September 30, 2011 and shall continue in force from year to year indefinitely thereafter, but only so long as the continuance after such period shall be specifically approved at least annually by vote of the Corporation’s Trust's Board of Directors Trustees or by vote of a majority of the outstanding voting securities of the FundPortfolio. (b) This Agreement may be modified by mutual consent of the Sub-Advisor, the Sub-Advisor Subadvisor and the Corporation (by its Board of Directors and, if applicable, the Fund’s shareholders) Portfolio subject to the provisions of Section 15 of the 1940 Act, as modified by or interpreted by any applicable order or orders of the Securities and Exchange Commission (the "Commission") or any rules or regulations adopted by, or interpretative releases or no-action letters of, the CommissionCommission or its staff. (c) In addition to the requirements of subparagraphs (a) and (b) of this paragraph 9, the terms of any continuance or modification of this Agreement must have been approved by the vote of a majority of those Directors Trustees of the Corporation Trust who are not parties to this Agreement or interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval. (d) Either the Advisor or The Advisor, the Sub-Advisor Advisor, the Sub-Subadvisor or the Portfolio may, at any time on sixty (60) days' prior written notice to the other parties, terminate this Agreement, without payment of any penalty, by action of its board Board of directorsTrustees or Directors, or with respect to the Corporation, Portfolio by vote of a majority of the Fund’s its outstanding voting securities. This Agreement shall terminate automatically in the event of its assignment or in the event of the termination of the Investment Advisory Agreementassignment.

Appears in 6 contracts

Samples: Sub Advisory Agreement (Fidelity Rutland Square Trust II), Sub Advisory Agreement (Fidelity Rutland Square Trust II), Sub Advisory Agreement (Fidelity Rutland Square Trust II)

Duration and Termination of Agreement; Amendments. (a) Subject to prior termination as provided in subparagraph (d) of this paragraph 9, this Agreement shall continue in force for a period of two years from the date hereof until September 30, 2011 and shall continue in force from year to year indefinitely thereafter, but only so long as the continuance after such period shall be specifically approved at least annually by vote of the Corporation’s Trust's Board of Directors Trustees or by vote of a majority of the outstanding voting securities of the FundPortfolio. (b) This Agreement may be modified by mutual consent of the Massachusetts Sub-Advisor, the Sub-Advisor Subadvisor and the Corporation (by its Board of Directors and, if applicable, the Fund’s shareholders) Portfolio subject to the provisions of Section 15 of the 1940 Act, as modified by or interpreted by any applicable order or orders of the Securities and Exchange Commission (the "Commission") or any rules or regulations adopted by, or interpretative releases or no-action letters of, the CommissionCommission or its staff. (c) In addition to the requirements of subparagraphs (a) and (b) of this paragraph 9, the terms of any continuance or modification of this Agreement must have been approved by the vote of a majority of those Directors Trustees of the Corporation Trust who are not parties to this Agreement or interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval. (d) Either The Advisor, the Advisor or New Hampshire Sub-Advisor, the Massachusetts Sub-Advisor, the Sub-Advisor Subadvisor or the Portfolio may, at any time on sixty (60) days' prior written notice to the other parties, terminate this Agreement, without payment of any penalty, by action of its board Board of directorsTrustees or Directors, or with respect to the Corporation, Portfolio by vote of a majority of the Fund’s its outstanding voting securities. This Agreement shall terminate automatically in the event of its assignment or in the event of the termination of the Investment Advisory Agreementassignment.

Appears in 6 contracts

Samples: Sub Advisory Agreement (Fidelity Rutland Square Trust II), Sub Advisory Agreement (Fidelity Rutland Square Trust II), Sub Advisory Agreement (Fidelity Rutland Square Trust II)

Duration and Termination of Agreement; Amendments. (a) Subject to prior termination as provided in subparagraph (d) of this paragraph 9, this Agreement shall continue in force for a period of two years from the date hereof until June 30, 2001 and shall continue in force from year to year indefinitely thereafter, but only so long as the continuance after such period shall be specifically approved at least annually by vote of the Corporation’s Trust's Board of Directors Trustees or by vote of a majority of the outstanding voting securities of the FundPortfolio. (b) This Agreement may be modified by mutual consent of the Advisor, the U.K. Sub-Advisor, the Sub-Advisor and the Corporation (by its Board of Directors andPortfolio, if applicable, the Fund’s shareholders) subject to the provisions of Section 15 of the 1940 Act, as modified by or interpreted by any applicable order or orders of the Securities and Exchange Commission (the "Commission") or any rules or regulations adopted by, or interpretative releases of, the Commission. (c) In addition to the requirements of subparagraphs (a) and (b) of this paragraph 9, the terms of any continuance or modification of this Agreement must have been approved by the vote of a majority of those Directors Trustees of the Corporation Trust who are not parties to this Agreement or interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval. (d) Either the Advisor, the Sub-Advisor, the U.K. Sub-Advisor or the Sub-Advisor Portfolio may, at any time on sixty (60) days' prior written notice to the other parties, terminate this Agreement, without payment of any penalty, by action of its board Board of directorsTrustees or Directors, or with respect to the Corporation, Portfolio by vote of a majority of the Fund’s its outstanding voting securities. This Agreement shall terminate automatically in the event of its assignment or in the event of the termination of the Investment Advisory Agreementassignment.

Appears in 6 contracts

Samples: Sub Advisory Agreement (Fidelity Advisor Series Viii), Sub Advisory Agreement (Fidelity Advisor Series Viii), Sub Advisory Agreement (Fidelity Advisor Series Viii)

Duration and Termination of Agreement; Amendments. (a) Subject to prior termination as provided in subparagraph (d) of this paragraph 9, this Agreement shall continue in force for a period of two years from the date hereof and shall continue in force from year to year thereafter, but only so long as the continuance after such period shall be specifically approved at least annually by vote of the Corporation’s Board of Directors or by vote of a majority of the outstanding voting securities of the Fund. (b) This Agreement may be modified by mutual consent of the Advisor, the Sub-Advisor Advisors and the Corporation (by its Board of Directors and, if applicable, the Fund’s shareholders) subject to the provisions of Section 15 of the 1940 Act, as modified by or interpreted by any applicable order or orders of the Securities and Exchange Commission (the “Commission”) or any rules or regulations adopted by, or interpretative releases of, the Commission. (c) In addition to the requirements of subparagraphs (a) and (b) of this paragraph 9, the terms of any continuance or modification of this Agreement must have been approved by the vote of a majority of those Directors of the Corporation who are not parties to this Agreement or interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval. (d) Either the Advisor or the Sub-Advisor Advisors may, at any time on sixty (60) days’ prior written notice to the other parties, terminate this Agreement, without payment of any penalty, by action of its their board of directors, or with respect to the Corporation, by vote of a majority of the Fund’s outstanding voting securities. This Agreement shall terminate automatically in the event of its assignment or in the event of the termination of the Investment Advisory Agreement.

Appears in 2 contracts

Samples: Sub Advisory Agreement (Nomura Partners Funds, Inc.), Sub Advisory Agreement (Nomura Partners Funds, Inc.)

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Duration and Termination of Agreement; Amendments. (a) Subject to prior termination as provided in subparagraph (d) of this paragraph 9, this Agreement shall continue in force for a period of two years from the date hereof and shall continue in force from year to year thereafter, but only so long as the continuance after such period shall be specifically approved at least annually by vote of the Corporation’s Board of Directors or by vote of a majority of the outstanding voting securities of the FundCorporation. (b) This Agreement may be modified by mutual consent of the Advisor, the Sub-Advisor and the Corporation (by its Board of Directors and, if applicable, the Fund’s its shareholders) subject to the provisions of Section 15 of the 1940 Act, as modified by or interpreted by any applicable order or orders of the Securities and Exchange Commission (the “Commission”) or any rules or regulations adopted by, or interpretative releases of, the Commission. (c) In addition to the requirements of subparagraphs (a) and (b) of this paragraph 9, the terms of any continuance or modification of this Agreement must have been approved by the vote of a majority of those Directors of the Corporation who are not parties to this Agreement or interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval. (d) Either the Advisor or the Sub-Advisor may, at any time on sixty (60) days’ prior written notice to the other parties, terminate this Agreement, without payment of any penalty, by action of its board of directors, or with respect to the Corporation, Corporation by vote of a majority of the Fund’s its outstanding voting securities. This Agreement shall terminate automatically in the event of its assignment or in the event of the termination of the Investment Advisory Agreementassignment.

Appears in 2 contracts

Samples: Sub Advisory Agreement (Japan Fund Inc), Sub Advisory Agreement (Nomura Partners Funds, Inc.)

Duration and Termination of Agreement; Amendments. (a) Subject to prior termination as provided in subparagraph (d) of this paragraph 9, this Agreement shall continue in force for a period of two years from the date hereof until July 31, ____ and shall continue in force from year to year indefinitely thereafter, but only so long as the continuance after such period shall be specifically approved at least annually by vote of the Corporation’s Trust's Board of Directors Trustees or by vote of a majority of the outstanding voting securities of the FundPortfolio. (b) This Agreement may be modified by mutual consent of the Advisor, the Sub-Advisor and the Corporation (by its Board of Directors and, if applicable, the Fund’s shareholders) Portfolio subject to the provisions of Section 15 of the 1940 Act, as modified by or interpreted by any applicable order or orders of the Securities and Exchange Commission (the "Commission") or any rules or regulations adopted by, or interpretative releases of, the Commission, such consent on the part of the Portfolio to be authorized by vote of a majority of the outstanding voting securities of the Portfolio. (c) In addition to the requirements of subparagraphs (a) and (b) of this paragraph 9, the terms of any continuance or modification of this Agreement must have been approved by the vote of a majority of those Directors Trustees of the Corporation Trust who are not parties to this Agreement or interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval. (d) Either the Advisor or Advisor, the Sub-Advisor or the Portfolio may, at any time on sixty (60) days' prior written notice to the other parties, terminate this Agreement, without payment of any penalty, by action of its board Board of directorsTrustees or Directors, or with respect to the Corporation, Portfolio by vote of a majority of the Fund’s its outstanding voting securities. This Agreement shall terminate automatically in the event of its assignment or in the event of the termination of the Investment Advisory Agreementassignment.

Appears in 1 contract

Samples: Sub Advisory Agreement (Fidelity Advisor Series Viii)

Duration and Termination of Agreement; Amendments. (a) Subject to prior termination as provided in subparagraph (d) of this paragraph 9, this Agreement shall continue in force for a period of two years from the date hereof until September 30, 2018 and shall continue in force from year to year indefinitely thereafter, but only so long as the continuance after such period shall be specifically approved at least annually by vote of the CorporationTrust’s Board of Directors Trustees or by vote of a majority of the outstanding voting securities of the Fund. (b) This Agreement may be modified by mutual consent of the Advisor, the UK Sub-Advisor, the Sub-Advisor and the Corporation (by its Board of Directors and, if applicable, Fund [new funds or funds who have gone to shareholders to eliminate s/h approval requirement for all amendments to the Fund’s shareholders) agreement: subject to the provisions of Section 15 of the 1940 Act, as modified by or interpreted by any applicable order or orders of the Securities and Exchange Commission (the “Commission”) or any rules or regulations adopted by, or interpretative releases or no-action letters of, the CommissionCommission or its staff/ funds that have not received s/h approval to make amendments allowed under the ’40 Act: , such consent on the part of the Fund to be authorized by vote of a majority of the outstanding voting securities of the Fund]. (c) In addition to the requirements of subparagraphs (a) and (b) of this paragraph 9, the terms of any continuance or modification of this Agreement must have been approved by the vote of a majority of those Directors Trustees of the Corporation Trust who are not parties to this Agreement or interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval. (d) Either the Advisor, the Sub-Advisor, the UK Sub-Advisor or the Sub-Advisor Fund may, at any time on sixty (60) days’ prior written notice to the other parties, terminate this Agreement, without payment of any penalty, by action of its board Board of directorsTrustees or Directors, or with respect to the Corporation, Fund by vote of a majority of the Fund’s its outstanding voting securities. This Agreement shall terminate automatically in the event of its assignment or in the event of the termination of the Investment Advisory Agreementassignment.

Appears in 1 contract

Samples: Sub Advisory Agreement (Fidelity Rutland Square Trust II)

Duration and Termination of Agreement; Amendments. (a) Subject to prior termination as provided in subparagraph (d) of this paragraph 9, this Agreement shall continue in force for a period of two years from the date hereof until August 31, 2024 and shall continue in force from year to year indefinitely thereafter, but only so long as the continuance after such period shall be specifically approved at least annually by vote of the CorporationTrust’s Board of Directors Trustees or by vote of a majority of the outstanding voting securities of the Fund. (b) This Agreement may be modified by mutual consent of the Sub-Advisor, the Sub-Advisor Subadvisor and the Corporation (by its Board of Directors and, if applicable, the Fund’s shareholders) Fund subject to the provisions of Section 15 of the 1940 Act, as modified by or interpreted by any applicable order or orders of the Securities and Exchange Commission (the “Commission”) or any rules or regulations adopted by, or interpretative releases or no-action letters of, the CommissionCommission or its staff. (c) In addition to the requirements of subparagraphs (a) and (b) of this paragraph 9, the terms of any continuance or modification of this Agreement must have been approved by the vote of a majority of those Directors Trustees of the Corporation Trust who are not parties to this Agreement or interested persons of any such party, cast in person (or otherwise, as consistent with applicable laws, regulations and related guidance and relief) at a meeting called for the purpose of voting on such approval. (d) Either the Advisor or Sub-Advisor, the Sub-Advisor Subadvisor or the Fund may, at any time on sixty (60) days’ prior written notice to the other parties, terminate this Agreement, without payment of any penalty, by action of its board Board of directorsTrustees or Directors, or with respect to the Corporation, Fund by vote of a majority of the Fund’s its outstanding voting securities. This Agreement shall terminate automatically in the event of its assignment or in the event of the termination of the Investment Advisory Agreementassignment.

Appears in 1 contract

Samples: Sub Subadvisory Agreement (Eq Advisors Trust)

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