Common use of DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT Clause in Contracts

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. 10.1 This Agreement shall not become effective, and the Advisor shall not serve or act as the Fund's investment advisor, unless and until this Agreement is approved by the Trust's board of trustees (the "Board"), including a majority of the Trustees who are not parties to this Agreement or interested persons of any such party to this Agreement, cast in person at a meeting called for the purpose of voting on such approval, and by a vote of a majority of the outstanding voting securities of the Fund. 10.2 If approved as provided above, this Agreement shall continue in effect for two years and from year to year thereafter, but only so long as such continuance is specifically approved at least annually either: (a) by the Board; or (b) by a vote of a majority of the outstanding voting securities of the Fund. In either event such continuance also must be approved by the vote of a majority of the Trustees who are not parties to this Agreement or interested persons of the Trust or of the Advisor, cast in person at a meeting called for the purpose of voting on such approval. 10.3 This Agreement may, on sixty days' written notice, be terminated at any time, without the payment of any penalty, by the Board, by a vote of a majority of the Fund's outstanding voting securities of the Fund or by the Advisor. 10.4 This Agreement shall automatically terminate in the event of its assignment. 10.5 In interpreting the provisions of this Section 10, the definitions contained in Section 2(a) of the 1940 Act, particularly the definitions of "interested person" and "assignment" and a "majority of the outstanding voting securities," shall be applied.

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. 10.1 (a) This Agreement shall not become effective, and effective with respect to the Advisor shall not serve or act as Trust on the Fund's investment advisor, unless and until this Agreement is date first written above if approved by the shareholders of the Trust, on the Effective Date for the Trust, as set forth in Appendix A attached hereto. Thereafter, this Agreement will remain in effect with respect to the Trust for a period of two years from the Trust's board Effective Date as set forth in Appendix A, on which date it will terminate for the Trust unless its continuance is "specifically approved at least annually" (i) by the vote of trustees (the "Board"), including a majority of the Trustees of the Trust who are not parties to this Agreement "interested persons" of the Trust or interested persons of any such party to this Agreement, cast in person the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by a the Board of Trustees of the Trust, or by "vote of a majority of the outstanding voting securities securities" of the Fundapplicable Trust. 10.2 If approved as provided above, this Agreement shall continue in effect for two years and from year to year thereafter, but only so long as such continuance is specifically approved at least annually either: (a) by the Board; or (b) This Agreement may be terminated as to the Trust at any time without the payment of any penalty by a the Trustees or by "vote of a majority of the outstanding voting securities securities" of the Fund. In either event such continuance also must be approved applicable Trust, or by the vote of a majority of the Trustees who are Adviser, in each case on not parties to this Agreement or interested persons of the Trust or of the Advisor, cast in person at a meeting called for the purpose of voting on such approval. 10.3 This Agreement may, on more than sixty days' nor less than thirty days' written notice, be terminated at any time, without notice to the payment of any penalty, by the Board, by a vote of a majority of the Fund's outstanding voting securities of the Fund or by the Advisor. 10.4 other party. This Agreement shall automatically terminate in the event of its "assignment". 10.5 In interpreting (c) This Agreement may be amended with respect to the provisions of this Section 10, the definitions contained Trust only if such amendment is in Section 2(a) writing signed by or on behalf of the 1940 Act, particularly Trust and the definitions Adviser and is approved by "vote of "interested person" and "assignment" and a "majority of the outstanding voting securities," shall be appliedof the applicable Trust (if such shareholder approval is required by the Investment Company Act of 1940).

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. 10.1 (a) This Agreement shall not become effectiveeffective as of the day and year first above written and shall govern the relations between the parties hereto thereafter, and the Advisor shall not serve or act as the Fund's investment advisorremain in force until October 23, 1997 on which date it will terminate unless and until this Agreement its continuance after October 23, 1997 is "specifically approved at least annually" (i) by the Trust's board vote of trustees (the "Board"), including a majority of the Trustees of the Trust who are not parties to this Agreement "interested persons" of the Trust or interested persons of any such party to this Agreement, cast in person the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by a the Board of Trustees of the Trust or by "vote of a majority of the outstanding voting securities securities" of the FundTrust. 10.2 If approved as provided above, this Agreement shall continue in effect for two years and from year to year thereafter, but only so long as such continuance is specifically approved at least annually either: (a) by the Board; or (b) by a vote of a majority of the outstanding voting securities of the Fund. In either event such continuance also must be approved by the vote of a majority of the Trustees who are not parties to this Agreement or interested persons of the Trust or of the Advisor, cast in person at a meeting called for the purpose of voting on such approval. 10.3 This Agreement may, on sixty days' written notice, be terminated at any time, without the payment of any penalty, by the Board, by a vote of a majority of the Fund's outstanding voting securities of the Fund or by the Advisor. 10.4 This Agreement shall automatically terminate in the event of its "assignment." 10.5 In interpreting (c) This Agreement may be amended only if such amendment is approved by the provisions "vote of this Section 10, the definitions contained in Section 2(a) a majority of the 1940 Act, particularly outstanding voting securities" of the definitions Trust. (d) The terms "specifically approved at least annually," "vote of "interested person" and "assignment" and a "majority of the outstanding voting securities," "assignment," "affiliated person," and "interested persons," when used in this Agreement, shall have the respective meanings specified in, and shall be appliedconstrued in a manner consistent with, the 1940 Act, subject, however, to such exemptions as may be granted by the United States Securities and Exchange Commission under said Act.

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. 10.1 This Agreement shall not become effectiveeffective on the day of its execution and shall govern the relations between the parties hereto thereafter, and the Advisor shall not serve or act as the Fund's investment advisorremain in force until August 1, 1983 on which date it will terminate unless and until this Agreement its continuance after August 1, 1983 is "specifically approved at least annually" (i) by the Trust's board vote of trustees (the "Board"), including a majority of the Trustees of the Trust who are not parties to this Agreement or interested persons of any such party to this Agreement, cast in person the Trust or of the Adviser at a meeting specifically called for the purpose of voting on such approval, and by a vote of a majority of the outstanding voting securities of the Fund. 10.2 If approved as provided above, this Agreement shall continue in effect for two years and from year to year thereafter, but only so long as such continuance is specifically approved at least annually either: (aii) by the Board; or (b) Board of Trustees of the Trust, or by a "vote of a majority of the outstanding voting securities of the Fund. In either event such The aforesaid requirement that continuance also must of this Agreement be "specifically approved at least annually" shall be construed in a manner consistent with the Investment Company Act of 1940 and the Rules and Regulations thereunder. This Agreement may be terminated at any time without the payment of any penalty by the Trustees or by vote of a majority of the Trustees who are not parties to this Agreement or interested persons of the Trust or of the Advisor, cast in person at a meeting called for the purpose of voting on such approval. 10.3 This Agreement may, on sixty days' written notice, be terminated at any time, without the payment of any penalty, by the Board, by a vote of a majority of the Fund's outstanding voting securities of the Fund Fund, or by the Advisor. 10.4 Adviser, on not more than sixty days' nor less than thirty days' written notice to the other party. This Agreement shall automatically terminate in the event of its assignment. 10.5 In interpreting the provisions . This Agreement may be amended only if such amendment is approved by vote of this Section 10, the definitions contained in Section 2(a) a majority of the 1940 Act, particularly outstanding voting securities of the definitions Fund. The terms "vote of "interested person" and "assignment" and a "majority of the outstanding voting securities", "assignment," "affiliated person," and "interested person," when used in this Agreement, shall have the respective meanings specified in the Investment Company Act of 1940 and the Rules and Regulations thereunder, subject, however, to such exemptions as may be appliedgranted by the Securities and Exchange Commission under said Act.

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. 10.1 (a) This Agreement shall not become effective, and effective with respect to the Advisor shall not serve or act as Trust on the Fund's investment advisor, unless and until this Agreement is date first written above if approved by the shareholders of the Trust, on the Effective Date for the Trust, as set forth in Appendix A attached hereto. Thereafter,this Agreement will remain in effect with respect to the Trust for a period of two years from the Trust's board Effective Date as set forth in Appendix A, on which date it will terminate for the Trust unless its continuance is "specifically approved at least annually" (i) by the vote of trustees (the "Board"), including a majority of the Trustees of the Trust who are not parties to this Agreement "interested persons" of the Trust or interested persons of any such party to this Agreement, cast in person the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by a the Board of Trustees of the Trust, or by "vote of a majority of the outstanding voting securities securities" of the Fundapplicable Trust. 10.2 If approved as provided above, this Agreement shall continue in effect for two years and from year to year thereafter, but only so long as such continuance is specifically approved at least annually either: (a) by the Board; or (b) This Agreement may be terminated as to the Trust at any time without the payment of any penalty by a the Trustees or by "vote of a majority of the outstanding voting securities securities" of the Fund. In either event such continuance also must be approved applicable Trust, or by the vote of a majority of the Trustees who are Adviser, in each case on not parties to this Agreement or interested persons of the Trust or of the Advisor, cast in person at a meeting called for the purpose of voting on such approval. 10.3 This Agreement may, on more than sixty days' nor less than thirty days' written notice, be terminated at any time, without notice to the payment of any penalty, by the Board, by a vote of a majority of the Fund's outstanding voting securities of the Fund or by the Advisorother party. 10.4 This Agreement shall automatically terminate in the event of its "assignment". 10.5 In interpreting (c) This Agreement may be amended with respect to the provisions of this Section 10, the definitions contained Trust only if such amendment is in Section 2(a) writing signed by or on behalf of the 1940 Act, particularly Trust and the definitions Adviser and is approved by "vote of "interested person" and "assignment" and a "majority of the outstanding voting securities," shall be appliedof the applicable Trust (if such shareholder approval is required by the Investment Company Act of 1940).

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. 10.1 (a) This Agreement shall not become effective, and effective with respect to the Advisor shall not serve or act as Trust on the Fund's investment advisor, unless and until this Agreement is date first written above if approved by the shareholders of the Trust's board , on the Effective Date for the Trust, as set forth in Appendix A attached hereto. Thereafter, this Agreement will remain in effect with respect to the Trust for a period of trustees two years from the Trusts Effective Date as set forth in Appendix A, on which date it will terminate for the Trust unless its continuance is specifically approved at least annually (i) by the "Board"), including vote of a majority of the Trustees of the Trust who are not parties to this Agreement or interested persons of any such party to this Agreement, cast in person the Trust or of the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by a the Board of Trustees of the Trust, or by vote of a majority of the outstanding voting securities of the Fundapplicable Trust. 10.2 If approved as provided above, this Agreement shall continue in effect for two years and from year to year thereafter, but only so long as such continuance is specifically approved at least annually either: (a) by the Board; or (b) This Agreement may be terminated as to the Trust at any time without the payment of any penalty by a the Trustees or by "vote of a majority of the outstanding voting securities of the Fund. In either event such continuance also must be approved applicable Trust, or by the vote of a majority of the Trustees who are Adviser, in each case on not parties to this Agreement or interested persons of the Trust or of the Advisor, cast in person at a meeting called for the purpose of voting on such approval. 10.3 This Agreement may, on more than sixty days nor less than thirty days' written notice, be terminated at any time, without notice to the payment of any penalty, by the Board, by a vote of a majority of the Fund's outstanding voting securities of the Fund or by the Advisor. 10.4 other party. This Agreement shall automatically terminate in the event of its assignment. 10.5 In interpreting (c) This Agreement may be amended with respect to the provisions of this Section 10, the definitions contained Trust only if such amendment is in Section 2(a) writing signed by or on behalf of the 1940 Act, particularly Trust and the definitions Adviser and is approved by vote of "interested person" and "assignment" and a "majority of the outstanding voting securities," shall be appliedsecurities of the applicable Trust (if such shareholder approval is required by the Investment Company Act of 1940).

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. 10.1 (a) This Agreement shall not become effective, and effective with respect to the Advisor shall not serve or act as Trust on the Fund's investment advisor, unless and until this Agreement is date first written above if approved by the shareholders of the Trust, on the Effective Date for the Trust, as set forth in Appendix A attached hereto. Thereafter, this Agreement will remain in effect with respect to the Trust for a period of two years from the Trust's board Effective Date as set forth in Appendix A, on which date it will terminate for the Trust unless its continuance is "specifically approved at least (i) by the vote of trustees (the "Board"), including a majority of the Trustees of the Trust who are not parties to this Agreement "interested persons" of the Trust or interested persons of any such party to this Agreement, cast in person the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by a the Board of Trustees of the Trust, or by "vote of a majority of the outstanding voting securities securities" of the Fundapplicable Trust. 10.2 If approved as provided above, this Agreement shall continue in effect for two years and from year to year thereafter, but only so long as such continuance is specifically approved at least annually either: (a) by the Board; or (b) This Agreement may be terminated as to the Trust at any time without the payment of any penalty by a the Trustees or by "vote of a majority of the outstanding voting securities securities" of the Fund. In either event such continuance also must be approved applicable Trust, or by the vote of a majority of the Trustees who are Adviser, in each case on not parties to this Agreement or interested persons of the Trust or of the Advisor, cast in person at a meeting called for the purpose of voting on such approval. 10.3 This Agreement may, on more than sixty days' nor less than thirty days' written notice, be terminated at any time, without notice to the payment of any penalty, by the Board, by a vote of a majority of the Fund's outstanding voting securities of the Fund or by the Advisor. 10.4 other party. This Agreement shall automatically terminate in the event of its "assignment". 10.5 In interpreting (c) This Agreement may be amended with respect to the provisions of this Section 10, the definitions contained Trust only if such amendment is in Section 2(a) writing signed by or on behalf of the 1940 Act, particularly Trust and the definitions Adviser and is approved by "vote of "interested person" and "assignment" and a "majority of the outstanding voting securities," shall be appliedof the applicable Trust (if such shareholder approval is required by the Investment Company Act of 1940).