Common use of EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT Clause in Contracts

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This Agreement shall become effective upon its approval by the Shareholders of the capital stock of each Portfolio, which shall be the date of its execution first above written. This Agreement will continue in effect for a period more than two years from the date of its execution only so long as such continuance is specifically approved at least annually either by the Board of Directors of the Fund or by the vote of a majority of the outstanding voting securities of the Fund, provided that in either event such continuance shall also be approved by the vote of a majority of the directors of the Fund who are not interested persons (as defined in the Investment Company Act) of any party to this Agreement cast in person at a meeting called for the purpose of voting on such approval. The required Shareholder approval of this Agreement or of any continuance of this Agreement shall be effective with respect to a Portfolio if a majority of the outstanding voting securities (as defined in Rule 18f-2(h) under the Investment Company Act) of capital stock of that Portfolio votes to approve the Agreement or its continuance, notwithstanding that the Agreement or its continuance may not have been approved by a majority of the outstanding voting securities of the Fund. If the Shareholders of capital stock of any Portfolio to which this Agreement relates fail to approve the Agreement or any continuance of the Agreement, the Adviser will continue to act as investment adviser with respect to such Portfolio pending the required approval of the Agreement or its continuance, of a new contract with the Adviser or a different adviser or other definitive action; provided, that the compensation received by the Adviser in respect of the Portfolio during such period will be no more than its actual costs incurred in furnishing investment advisory and management services to the Portfolio or the amount it would have received under the Agreement in respect of the Portfolio, whichever is less. This Agreement may be terminated at any time, without the payment of any penalty, by the Board of Directors of the Fund or by the vote of a majority of the outstanding voting securities of a Portfolio or by the Adviser, on sixty days' written notice to the other party. This Agreement will automatically terminate in the event of its assignment (as defined in the Investment Company Act).

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This Agreement shall become effective upon its approval by the Shareholders of the capital stock of each PortfolioFund, which shall be the date of its execution first above written. This Agreement will continue in effect for a period more than two years from the date of its execution only so long as such continuance is specifically approved at least annually either by the Board of Directors Trustees of the Fund Trust or by the vote of a majority of the outstanding voting securities of the a Fund, provided that in either event such continuance shall also be approved by the vote of a majority of the directors trustees of the Fund Trust who are not interested persons (as defined in the Investment Company Act) of any party to this Agreement cast in person at a meeting called for the purpose of voting on such approval. The required Shareholder approval of this Agreement or of any continuance of this Agreement shall be effective with respect to a Portfolio Fund if a majority of the outstanding voting securities (as defined in Rule 18f-2(h) under the Investment Company Act) of capital stock of that Portfolio Fund votes to approve the Agreement or its continuance, notwithstanding that the Agreement or its continuance may not have been approved by a majority of the outstanding voting securities of the FundTrust. If the Shareholders of capital stock of any Portfolio Fund to which this Agreement relates fail to approve the Agreement or any continuance of the Agreement, the Adviser will continue to act as investment adviser with respect to such Portfolio Fund pending the required approval of the Agreement or its continuance, of a new contract with the Adviser or a different adviser or other definitive action; provided, that the compensation received by the Adviser in respect of the Portfolio Fund during such period will be no more than its actual costs incurred in furnishing investment advisory and management services to the Portfolio Fund or the amount it would have received under the Agreement in respect of the PortfolioFund, whichever is less. This Agreement may be terminated at any time, without the payment of any penalty, by the Board of Directors Trustees of the Fund Trust or by the vote of a majority of the outstanding voting securities of a Portfolio Fund or by the Adviser, on sixty days' ’ written notice to the other party. This Agreement will automatically terminate in the event of its assignment (as defined in the Investment Company Act).

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This The effective date of this Agreement shall become effective upon its approval by the Shareholders of the capital stock of each Portfolio, which shall be the date of its execution first above writtencommencement of the Fund's initial public offering of shares. This Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding Shares of the Fund or any Portfolio of the Fund shall mean the vote of 67% or more of such Shares if the holders of more than 50% of such Shares are present in person or by proxy or the vote of more than 50% of such Shares, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement will shall continue in effect for a period more than two years from the date of its execution year to year after April 30, 1989, but only so long as such continuance is specifically approved at least annually either either: (1) by the Board of Directors of the Fund or by the vote of a majority of the outstanding voting securities of the Fund, provided that in either event such continuance shall also be approved by including the vote specific approval of a majority of the directors who are not Interested Persons of the Fund or of the Distributor and who are not interested persons (as defined have no direct or indirect financial interest in the Investment Company Act) operation of the Plan, or in any party agreements relating to this Agreement the Plan, cast in person at a meeting called for the purpose of voting on such approval. The required Shareholder approval ; or (2) by the vote of this Agreement or the holders of a majority of the outstanding Shares of the Fund; provided that if a majority of the outstanding Shares of any continuance of Portfolio votes to approve this Agreement Agreement, such approval shall be effective with respect to a such Portfolio if a majority whether or not the shareholders of the outstanding voting securities (as defined in Rule 18f-2(h) under the Investment Company Act) of capital stock of that any other Portfolio votes have voted to approve the Agreement or its continuance, notwithstanding that the Agreement or its continuance may not have been approved by a majority of the outstanding voting securities of the Fund. If the Shareholders of capital stock of any Portfolio to which this Agreement relates fail to approve the Agreement or any continuance of the Agreement, the Adviser will continue to act as investment adviser with respect to such Portfolio pending the required approval of the Agreement or its continuance, of a new contract with the Adviser or a different adviser or other definitive action; provided, that the compensation received by the Adviser in respect of the Portfolio during such period will be no more than its actual costs incurred in furnishing investment advisory and management services to the Portfolio or the amount it would have received under the Agreement in respect of the Portfolio, whichever is less. This Agreement may be terminated at any time, time without the payment of any penalty, by the Board of Directors of the Fund or penalty by the vote of a majority of the outstanding voting securities members of the Board of Directors of the Fund who are not Interested Persons of the Fund and who have no direct or indirect or financial interest in the operation of the Plan or in any agreements relating to the Plan, by the vote of the holders of a majority of the outstanding Shares of the Fund (provided that if a majority of the outstanding Shares of any Portfolio votes to terminate this Agreement, such termination shall be effective with respect to such Portfolio whether or not the shareholders of any other Portfolio have voted to terminate this Agreement) or by the AdviserDistributor, on upon not more than sixty (60) days' written notice to the other party. This Agreement will shall automatically terminate in the event of its assignment (as defined in the Investment Company Act)assignment.

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This The effective date of this Agreement shall become effective upon its approval by the Shareholders of the capital stock of each Portfolio, which shall be the date of its execution first above written. This Unless sooner terminated as hereinafter provided, this Agreement will continue shall continue, in effect for a period more than two years from the date of its execution year to year, but only so long as such continuance is specifically approved at least annually either by the Board of Directors of the Fund or either: (i) by the vote of a majority of the outstanding voting securities Board of Directors of the Fund, provided that in either event such continuance shall also be approved by including the vote specific approval of a majority of the directors who are not Interested Persons of the Fund or of the Distributor and who are not interested persons (as defined have no direct or indirect financial interest in the Investment Company Act) operation of the Plan, or in any party agreements relating to this Agreement the Plan, cast in person at a meeting called for the purpose of voting on such approval. The required Shareholder approval ; or (ii) by the vote of this Agreement or the holders of a majority of the outstanding Shares of the Fund; provided that if a majority of the outstanding Shares of any continuance of Portfolio votes to approve this Agreement Agreement, such approval shall be effective with respect to a such Portfolio if whether or not the shareholders of any other Portfolio have voted to approve this Agreement. Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities (as defined in Rule 18f-2(h) under the Investment Company Act) of capital stock of that Portfolio votes to approve the Agreement or its continuance, notwithstanding that the Agreement or its continuance may not have been approved by a majority Shares of the outstanding voting securities Fund or any Portfolio of the Fund. If Fund shall mean (I) the Shareholders vote of capital stock 67% or more of any Portfolio to which this Agreement relates fail to approve such Shares, if the Agreement or any continuance holders of the Agreement, the Adviser will continue to act as investment adviser with respect to such Portfolio pending the required approval of the Agreement or its continuance, of a new contract with the Adviser or a different adviser or other definitive action; provided, that the compensation received by the Adviser in respect of the Portfolio during such period will be no more than its actual costs incurred 50% of such Shares are present in furnishing investment advisory and management services to person or by proxy; or (ii) the Portfolio or the amount it would have received under the Agreement in respect vote of the Portfoliomore than 50% of such Shares, whichever is less. This Agreement may be terminated at any time, time without the payment of any penalty, penalty by (i) the vote of a majority of the members of the Board of Directors of the Fund who are not Interested Persons of the Fund and who have no direct or indirect financial interest in the operation of the Plan or in any agreements relating to the Plan, (ii) by the vote of the holders of a majority of the outstanding voting securities Shares of the Fund (provided that if a majority of the outstanding Shares of any Portfolio votes to terminate this Agreement, such termination shall be effective with respect to such Portfolio whether or not the shareholders of any other Portfolio have voted to terminate this Agreement) or (iii) by the AdviserDistributor, on upon not more than sixty (60) days' written notice to the other party. This Agreement will shall automatically terminate in the event of its assignment (as defined in the Investment Company Act)assignment.