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

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. (a) This Agreement shall become effective with respect to the Trust on the date first written above. Thereafter, this Agreement will remain in effect with respect to the Trust for a period of two years from the date first written above, on which date it will terminate for the Trust unless its continuance is “specifically approved at least annually” (i) by the vote of a majority of the Trustees of the Trust who are not “interested persons” of the Trust or of the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Board of Trustees of the Trust, or by “vote of a majority of the outstanding voting securities” of the Trust. (b) This Agreement may be terminated as to the Trust at any time without the payment of any penalty by the Trustees or by “vote of a majority of the outstanding voting securities” of the Trust, or by the Adviser, in each case 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”. (c) This Agreement may be amended with respect to the Trust only if such amendment is in writing signed by or on behalf of the Trust and the Adviser and is approved by “vote of a majority of the outstanding voting securities” of the Trust (if such shareholder approval is required by the Investment Company Act of 1940).

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. (a) This Agreement shall become effective with respect to the Trust if approved by the shareholders of the Trust, on the date first written above. Thereafter, this Agreement will remain in effect with respect to the Trust for a period of two years from the date first written above, on which date it will terminate for the Trust unless its continuance is “"specifically approved at least annually” " (i) by the vote of a majority of the Trustees of the Trust who are not “"interested persons” " of the Trust or of the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Board of Trustees of the Trust, or by “"vote of a majority of the outstanding voting securities” " of the Trust. (b) This Agreement may be terminated as to the Trust at any time without the payment of any penalty by the Trustees or by “"vote of a majority of the outstanding voting securities” " of the Trust, or by the Adviser, in each case 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”". (c) This Agreement may be amended with respect to the Trust only if such amendment is in writing signed by or on behalf of the Trust and the Adviser and is approved by “"vote of a majority of the outstanding voting securities” " of the Trust (if such shareholder approval is required by the Investment Company Act of 1940).