Duration and Termination of the Agreement. This Agreement shall become effective upon its execution; provided, however, that this Agreement shall not become effective with respect to any Portfolio now existing or hereafter created unless it has first been approved (a) by a vote of the Independent Trustees, cast in person at a meeting called for the purpose of voting on such approval, and (b) if required under the 1940 Act, by an affirmative vote of a majority of the outstanding voting shares of that Portfolio. This Agreement shall remain in full force and effect continuously thereafter without the payment of any penalty as follows:
(a) By vote of a majority of the (i) Independent Trustees, or (ii) outstanding voting shares of the applicable Portfolios, the Trust may at any time terminate this Agreement with respect to any or all Portfolios by providing not more than 60 days’ written notice delivered or mailed by registered mail, postage prepaid, to the Manager and the Subadviser.
(b) This Agreement will terminate automatically with respect to a Portfolio unless, within two years after its initial effectiveness with respect to such Portfolio and at least annually thereafter, the continuance of the Agreement is specifically approved by (i) the Board of Trustees or the shareholders of such Portfolio by the affirmative vote of a majority of the outstanding shares of such Portfolio, and (ii) a majority of the Independent Trustees, by vote cast in person at a meeting called for the purpose of voting on such approval. If the continuance of this Agreement is submitted to the shareholders of any Portfolio for their approval and such shareholders fail to approve such continuance as provided herein, the Subadviser may continue to serve hereunder in a manner consistent with the 1940 Act and the rules and regulations thereunder.
(c) The Manager may at any time terminate this Agreement with respect to any or all Portfolios by not less than 60 days’ written notice delivered or mailed by registered mail, postage prepaid, to the Subadviser, and the Subadviser may at any time terminate this Agreement with respect to any or all Portfolios by not less than 90 days’ written notice delivered or mailed by registered mail, postage prepaid, to the Manager.
(d) This Agreement automatically and immediately will terminate in the event of its assignment. Upon termination of this Agreement with respect to any Portfolio, the duties of the Manager delegated to the Subadviser under this Agreement with respect to such Portfolio aut...
Duration and Termination of the Agreement. This Subadvisory Agreement shall become effective as of the date first written above and remain in force until May 1, 2003. Thereafter, it shall continue in effect from year to year, but only so long as such continuance is specifically approved at least annually by (a) the Board of Directors of the Fund, or by the vote of a majority of the outstanding voting securities of the Portfolio, and (b) a majority of those directors who are not parties to this Subadvisory Agreement, not interested persons of any party to this Subadvisory Agreement, cast in person at a meeting called for the purpose of voting on such approval. This Agreement may be terminated, without the payment of any penalty, by the Board of Directors of the Fund, by a vote of a majority of the outstanding shares of the Portfolio, or by the Investment Manager on sixty days' written notice to the Subadviser, or by the Subadviser on sixty days' written notice to the Fund or the Investment Manager. Termination by the Board of Directors or by the Investment Manager shall be subject to shareholder approval to the extent legally required. This Agreement shall automatically terminate in the event of its assignment or in the event of termination of the Investment Management Agreement.
Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
a. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days’ written notice. During the 15 days notice, the Company may limit the services available to the Client, however, access will be granted in order for the Client to withdraw any remaining balance.
b. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
i. Death or legal incompetence of the Client.
ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. iii. The Client violates or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Australia, Belgium, Israel, Palestine, Japan, Syria, Iran, North Korea, the Russian Federation, the United Kingdom, and/or any country of the European
vi. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian resident and his/her Account was registered after the 1st of July 2016.
vii. The Company has suspicion based on available information that the Client:
a. Is and/or has...
Duration and Termination of the Agreement. 10.1. This Agreement shall become effective as of the date first written above and shall remain in force from year to year thereafter, but only so long as such continuance is specifically approved at least annually by (i) the Fund’s Board of Trustees or by the vote of a majority of the outstanding voting securities of the Fund, and (ii) by the vote of a majority of those Trustees who are not parties to this Agreement or interested persons of any such party, cast in person at a meeting or meetings called for the purpose of voting on such approval.
10.2. This Agreement may be terminated at any time, without the payment of any penalty, by the Fund’s Board of Trustees or by vote of a vote of a majority of the outstanding voting securities of the Fund, or by the Distributor, on sixty days written notice to the other party. This Agreement shall automatically terminate in the event of its assignment.
Duration and Termination of the Agreement. This Agreement shall become effective as of the date hereof and shall remain in force for a period of three (3) years and shall continue in effect for successive twelve-month periods thereafter with the approval of the Board or by a vote of a majority of the outstanding voting securities of the Fund. Should the Trust exercise its right to terminate, all out-of-pocket expenses associated with the movement of records and material will be borne by the Trust. Additionally, the Administrator reserves the right to charge for any other reasonable expenses associated with such termination.
Duration and Termination of the Agreement. This Agreement shall become effective upon its execution; provided, however, that this Agreement shall not become effective unless it has first been approved (a) by a vote of the Independent Trustees, cast in person at a meeting called for the purpose of voting on such approval, and (b) if required under the 1940 Act, by an affirmative vote of a majority of the outstanding voting shares of the Fund. This Agreement shall remain in full force and effect continuously thereafter, except as follows:
Duration and Termination of the Agreement. 1. This Agreement shall remain in force without any limitation on its duration.
2. This agreement may be terminated by either of the Contracting States giving a twelve months notice in writing to the other Contracting State.
3. If this Agreement is terminated, rights regarding entitlement to or payment of benefits acquired under it shall be retained. The Contracting States shall make arrangements to deal with rights in the process of being acquired.
Duration and Termination of the Agreement. 11.1. This Agreement shall become effective on the_day of its signing by the authorized representative of both contractual parties (hereinafter "effective date"). The obligations of the Distributor shall commence as of the date the Distributor has finally secured all federal, state or local governmental approvals, including without limitation approval of the Product labels from the Food and Drug Administration for the United States, or any other approvals that may be required to import the Products into the Territory for the further distribution in the Territory. In case that the Distributor fails to obtain the necessary approvals within the period of one year, the parties shall consider this Agreement void, and no longer binding. The Manufacturer agrees to use its best efforts to assist the Distributor to obtain in the Distributor's name or in the Manufacturer's name, as the case may be, all necessary approvals and certificates to import and distribute the Products in the Territory. This Agreement shall expire January the 1st 2006, unless sooner terminated in accordance with this Agreement. The Agreement is automatically renewable for the next year, if the minimum sales volume within the first year and each subsequent is achieved, and unless if one of the parties informs the other partie with the recommended letter to terminate the Agreement 3 (three) months in advance.
11.2. This Agreement may be terminated in case of:
(i) Proceedings in bankruptcy or insolvency are instituted by or against the other party, or a receiver is appointed for the other party, (ii) in the event that the other party breaches any of its material obligations under this Agreement and fails to correct such breach within 30 (thirty) days after written notice of such breach has been received by the other party, without prejudice to any rights which the non-breaching party may have in the interim prior to termination.
11.3. For the purpose of the Section 10.1. above a breach of contractual obligations is deemed to be any activity or action contrary to the material provisions of this Agreement including but not limited to the selling of the Products outside of the Territory without due consent of the Manufacturer; distributing the Products that compete with the Products of the Manufacturer, unless stipulated otherwise; materially insufficient product liability coverage or any other activity that might negatively influence the quality and/or the safety of the Products of the reputation ...
Duration and Termination of the Agreement. (a) This Agreement shall become effective with respect to the Contracts as of the date first written above, and shall continue in full force and effect until termination or expiration. This Agreement may be amended at any time by mutual agreement of the parties hereto.
(b) This Agreement may be terminated at any time for any reason by either party upon 60 days' written notice to the other party, without payment of any penalty. This Agreement may be terminated immediately at the option of either party to this Agreement upon the other party's material breach of any provision of this Agreement, unless such breach has been cured within 10 days after receipt of notice from the non-breaching party of such breach.
(c) This Agreement shall automatically terminate in the event of its assignment. (The term "assigned" shall not include any transaction exempted from Section 15(b)(2) of the 1940 Act).
Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
a. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days’ written notice. During the 15 days notice, the Company may limit the services available to the Client, however, access will be granted in order for the Client to withdraw any remaining balance.
b. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
i. Death or legal incompetence of the Client.
ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. iii. The Client violates or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
