Common use of EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT Clause in Contracts

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 4 contracts

Samples: Fund Cco and Amlo Agreement (Mirae Asset Discovery Funds), Fund Cco and Amlo Agreement (2nd Vote Funds), Compliance Services Agreement (Siren ETF Trust)

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EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesIndependent Directors, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesIndependent Directors, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. If, however, the Board desires to retain the individual as CCO, upon terms and conditions mutually satisfactory to said individual and the Board, Foreside agrees that it will continue to provide the services described in Sections 2(c) through (f) of this Agreement and the Fund Company shall continue to pay all fees due pursuant to this Agreement until such time as either party terminates the Agreement, in accordance with this Section 6. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 3 contracts

Samples: Fund Compliance and Aml Services Agreement (Mirae Asset Discovery Funds), Fund Compliance and Aml Services Agreement (Harding Loevner Funds Inc), Fund Compliance and Aml Services Agreement (Mirae Asset Discovery Funds)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 3 contracts

Samples: Fund Cco Agreement (Monachil Credit Income Fund), Fund Compliance Agreement (Horizons ETF Trust), Fund Cco Agreement (Horizons ETF Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside Fxxxxxxx on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside Fxxxxxxx will designate another employee of Foreside, subject to approval of the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 2 contracts

Samples: Fund Cco and Amlo Agreement (NEOS ETF Trust), Fund Cco and Amlo Agreement (Simplify Exchange Traded Funds)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under set forth in the first paragraph of this Agreement. Upon effectiveness of this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and it shall supersede all previous agreements between the parties, whether oral or written, relating parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Fund CompanyFunds. (b) This Agreement shall continue in effect with respect to a Fund until terminated in accordance with and shall be renewed annually, the provisions hereoffirst renewal occurring no later than December 1, 2009, provided that such renewal is approved by a majority vote of the Board, including a majority of the Independent Directors. (c) This Agreement may be terminated at any time, without the payment of any penalty penalty: (i) by the Board on sixty (60) days’ written notice to Foreside Foreside; or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, Client; provided, however, that the Board will have the right and authority to remove the individual designated by Foreside on Appendix B as the Fund CompanyClient’s CCO or CCO, AMLCO and/or PFO for the individual designated by Foreside as the Fund Company’s AMLO Funds at any time, with or without cause, without payment of any penalty. In this case, Foreside FCS or FMS, as the case may be, will designate another employee of Foresideits employees, subject to approval of the Board and the disinterested trusteesIndependent Directors, to serve as temporary CCO or as temporary AMLO CCO, AMLCO and/or PFO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOCCO, AMLCO and/or PFO; or (ii) the termination of this Agreement. (d) Should the employment of an individual designated in Appendix B be terminated by Foreside, the Board retains the right to remove the individual designated by Foreside to serve as the Fund CompanyClient’s CCO or CCO, AMLCO and/or PFO for the Funds, as described in (c) above, although the Board may exercise its right to retain the individual designated by Foreside to serve as CCO, AMLCO and/or PFO. If the Board removes the individual as the Fund CompanyClient’s AMLO be terminated CCO, AMLCO and/or PFO for any reasonthe Funds, Foreside FCS or FMS will immediately designate another qualified individualemployee of FCS or FMS, subject to ratification by approval of the Board and the disinterested trusteesIndependent Directors, to serve as temporary CCO or as temporary AMLO CCO, AMLCO and/or PFO until the earlier of: (i) the designation, and approval by the Board, designation of a new permanent CCO or a new permanent AMLOCCO, AMLCO and/or PFO; or (ii) the termination of this Agreement. If the Board retains the individual, Foreside agrees that it will continue to provide the services described in Sections 2(c) through (f) of this Agreement until such time as either party terminates the Agreement, in accordance with this Section 6. (e) The provisions of Sections 2(d), 3, 5(b), 6(e), 76(f), 108, 9, 11, 13, 14(a) and 12 14(i) shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside or the Fund Company Client except by the specific written consent of the other party. All If the parties to this Agreement consent to assignment of all or any part of this Agreement, all terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 2 contracts

Samples: Compliance Services Agreement (Nomura Partners Funds, Inc.), Compliance Services Agreement (Nomura Partners Funds, Inc.)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside M3Sixty commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund CompanyFund. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside M3Sixty or (ii) by Foreside M3Sixty on sixty (60) days’ written notice to the Fund CompanyFund, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside M3Sixty as the Fund CompanyFund’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside M3Sixty will designate another employee of ForesideM3Sixty, subject to approval of the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside M3Sixty to serve as the Fund CompanyFund’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside M3Sixty will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside M3Sixty or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 2 contracts

Samples: Fund Cco Agreement (FNEX Ventures), Fund Cco Service Agreement (360 Funds)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesIndependent Directors, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesIndependent Directors, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company and/or the Adviser except by the specific written consent of Foreside or by Foreside except by the specific written consent of the other partyFund Company. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 2 contracts

Samples: Fund Compliance Services Agreement (FocusShares Trust), Fund Compliance Services Agreement (FocusShares Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund CompanyFund. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund CompanyFund, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund CompanyFund’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund CompanyFund’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 2 contracts

Samples: Cco Agreement (SharesPost 100 Fund), Cco Agreement (SharesPost 100 Fund)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreementthe Services, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside Xxxxxxxx on sixty (60) days’ written notice to the Fund Company, ; provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO PFO/Treasurer at any time, with or without cause, without payment of any penalty. In this case, Foreside Xxxxxxxx will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO PFO/Treasurer until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOPFO/Treasurer; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO PFO/Treasurer be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO PFO/Treasurer until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOPFO/Treasurer; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Pfo/Treasurer Agreement (DriveWealth ETF Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under first written above. Upon effectiveness of this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and it shall supersede all previous agreements between the parties, whether oral or written, relating parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Fund CompanyFunds. (b) This Agreement shall continue in effect with respect to a Fund until terminated in accordance with and shall be renewed annually, the provisions hereoffirst renewal occurring no later than April 26, 2008, provided that such renewal is approved by a majority vote of the Board, including a majority of the Independent Directors. (c) This Agreement may be terminated at any time, without the payment of any penalty penalty: (i) by the Board on sixty (60) days' written notice to Foreside Foreside; or (ii) by Foreside on sixty (60) days' written notice to the Fund Company, Fund; provided, however, that the Board will have the right and authority to remove the individual designated by Foreside on Appendix B as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO Fund's CCO, AMLCO and/or PFO at any time, with or without cause, without payment of any penalty. In this case, Foreside FCS will designate another employee of ForesideFCS, subject to approval of the Board and the disinterested trusteesIndependent Directors, to serve as temporary CCO or as temporary AMLO CCO, AMLCO and/or PFO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOCCO, AMLCO and/or PFO; or (ii) the termination of this Agreement. (d) Should the employment of an individual designated in Appendix B be terminated by Foreside, the Board retains the right to remove the individual designated by Foreside to serve as the Fund Company’s CCO or Fund's CCO, AMLCO and/or PFO, as described in (c) above, although the Board may exercise its right to retain the individual designated by Foreside to serve as CCO, AMLCO and/or PFO. If the Board removes the individual as the Fund Company’s AMLO be terminated for any reasonFund's CCO, Foreside AMLCO and/or PFO, FCS or FMC will immediately designate another qualified individualemployee of FCS or FMC, subject to ratification by approval of the Board and the disinterested trusteesIndependent Directors, to serve as temporary CCO or as temporary AMLO CCO, AMCLCO and/or PFO until the earlier of: (i) the designation, and approval by the Board, designation of a new permanent CCO or a new permanent AMLOCCO, AMLCO and/or PFO; or (ii) the termination of this Agreement. If the Board retains the individual, Foreside agrees that it will continue to provide the services described in Sections 2(c) through (f) of this Agreement until such time as either party terminates the Agreement, in accordance with this Section 6. (e) The provisions of Sections 2(d), 3, 5(b), 6(e), 76(f), 108, 9, 11, 13, 14(a) and 12 14(i) shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All If the parties to this Agreement consent to assignment of all or any part of this Agreement, all terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Compliance Services Agreement (Japan Fund Inc)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the any individual designated by Foreside as the Fund Company’s CCO Officers or the individual designated by Foreside as the Fund Company’s CCO/AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesTrustees, to serve as temporary CCO or as temporary AMLO in the place of such Officer until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOofficer; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Companya Fund’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO Officer be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesindependent Trustees, to serve as a temporary CCO or as temporary AMLO Officer until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOofficer; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Officer Agreement (Datum One Series Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the any individual designated by Foreside as the Fund Company’s CCO CFO/Treasurer or the individual designated by Foreside as the Fund Company’s CCO/AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesTrustees, to serve as temporary CCO or as temporary AMLO in the place of such Officer until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOofficer; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund CompanyFund’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO Officer be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesindependent Trustees, to serve as a temporary CCO or as temporary AMLO Officer until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOofficer; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e6(d), 7, 108, 10 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Officer Agreement (OSI ETF Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreementthe Services, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund CompanyFund. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, Fund; provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund CompanyFund’s CCO or the individual designated by Foreside as the Fund Company’s AMLO PFO/Treasurer at any time, with or without cause, without payment of any penalty. In this case, Foreside Fxxxxxxx will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO PFO/Treasurer until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOPFO/Treasurer; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund CompanyFund’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO PFO/Treasurer be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO PFO/Treasurer until the earlier of: (i) the designation, and approval by the BoardBoard and the Independent Trustees, of a new permanent CCO or a new permanent AMLOPFO/Treasurer; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Pfo/Treasurer Agreement (Milliman Variable Insurance Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesTrustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesTrustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company (and/or the Advisor on behalf of the Fund Company) except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Cco Agreement (Precidian ETFs Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreementthe Services, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund CompanyFund. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, Fund; provided, however, that the Board will have the right and authority to remove the individual designated by Foreside approved as the Fund CompanyFund’s CCO or the individual designated by Foreside as the Fund Company’s AMLO PFO/Treasurer at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate provide another employee of Foreside, subject to approval of the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (d) Should the employment of PFO/Treasurer. Further, if the individual designated by Foreside to serve approved as the Fund CompanyFund’s CCO or the individual designated by PFO/Treasurer ceases to be an employee of Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate provide another qualified individualemployee of Foreside, subject to ratification by approval of the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this AgreementPFO/Treasurer. (ed) The provisions of Sections 3, 6(e6(d), 7, 10, 11, and 12 shall survive any termination of this Agreement. (fe) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Pfo/Treasurer Agreement (Siren ETF Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreementthe Services, whichever is later (the "Effective Date"). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund CompanyFund. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days' written notice to Foreside or (ii) by Foreside on sixty (60) days' written notice to the Fund Company, Fund; provided, however, that the Board will have the right and authority to remove the individual designated by designatedby Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO Fund' s PFO/Treasurer at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteestl,ie Independent Trustees, to serve as temporary CCO or as temporary AMLO PFO/Treasurer until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOPFO/Treasurer; or (ii) the termination of terminationof this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e6(d), 7, 10, 11, and 12 shall survive any termination of this Agreement. (fe) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Pfo/Treasurer Agreement (Esoterica Thematic ETF Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under set forth in the first paragraph of this Agreement. Upon effectiveness of this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and it shall supersede all previous agreements between the parties, whether oral or written, relating parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Fund CompanyFunds. (b) This Agreement shall continue in effect with respect to a Fund until terminated in accordance with and shall be renewed annually, the provisions hereoffirst renewal occurring no later than December 1, 2009, provided that such renewal is approved by a majority vote of the Board, including a majority of the Independent Directors. (c) This Agreement may be terminated at any time, without the payment of any penalty penalty: (i) by the Board on sixty (60) days’ written notice to Foreside Foreside; or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, Client; provided, however, that the Board will have the right and authority to remove the individual designated by Foreside on Appendix B as the Fund CompanyClient’s CCO or CCO, AMLCO and/or PFO for the individual designated by Foreside as the Fund Company’s AMLO Funds at any time, with or without cause, without payment of any penalty. In this case, Foreside FCS or FMS, as the case may be, will designate another employee of Foresideits employees, subject to approval of the Board and the disinterested trusteesIndependent Directors, to serve as temporary CCO or as temporary AMLO CCO, AMLCO and/or PFO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOCCO, AMLCO and/or PFO; or (ii) the termination of this Agreement. (d) Should the employment of an individual designated in Appendix B be terminated by Foreside, the Board retains the right to remove the individual designated by Foreside to serve as the Fund CompanyClient’s CCO or CCO, AMLCO and/or PFO for the Funds, as described in (c) above, although the Board may exercise its right to retain the individual designated by Foreside to serve as CCO, AMLCO and/or PFO. If the Board removes the individual as the Fund CompanyClient’s AMLO be terminated CCO, AMLCO and/or PFO for any reasonthe Funds, Foreside FCS or FMS will immediately designate another qualified individualemployee of FCS or FMS, subject to ratification by approval of the Board and the disinterested trusteesIndependent Directors, to serve as temporary CCO or as temporary AMLO CCO, AMLCO and/or PFO until the earlier of: (i) the designation, and approval by the Board, designation of a new permanent CCO or a new permanent AMLOCCO, AMLCO and/or PFO; or (ii) the termination of this Agreement. If the Board retains the individual, Foreside agrees that it will continue to provide the services described in Sections 2(c) through (f) of this Agreement until such time as either party terminates the Agreement, in accordance with this Section 6. (e) The provisions of Sections 2(g), 3, 5(b), 6(e), 76(f) 8, 109, 11, 13, 14(a) and 12 14(i) shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside or the Fund Company Client except by the specific written consent of the other party. All If the parties to this Agreement consent to assignment of all or any part of this Agreement, all terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Compliance Services Agreement (Nomura Partners Funds, Inc.)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating with respect to the Fund Companysuch Services. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty ninety (6090) days’ written notice to Foreside or (ii) by Foreside on sixty ninety (6090) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Cco and Amlo Agreement (Engine No. 1 ETF Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreementthe Services, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund CompanyFund. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, Fund; provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund CompanyFund’s CCO or the individual designated by Foreside as the Fund Company’s AMLO PFO/Treasurer at any time, with or without cause, without payment of any penalty. In this case, Foreside Fxxxxxxx will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO PFO/Treasurer until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOPFO/Treasurer; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e6(d), 7, 10, 11, and 12 shall survive any termination of this Agreement. (fe) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Officer Services Agreement (NEOS ETF Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the "Effective Date"). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days' written notice to Foreside or (ii) by Foreside on sixty (60) days' written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s 's CCO or the individual designated by Foreside as the Fund Company’s 's AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesTrustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s 's CCO or the individual designated by Foreside to serve as the Fund Company’s 's AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesTrustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Compliance Services Agreement (OSI ETF Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until continue, unless terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside Fxxxxxxx on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual individual(s) designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO Officers at any time, with or without cause, without payment of any penalty. In this case, Foreside Fxxxxxxx will designate another employee of Foreside, subject to approval of the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO Officer until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO Fund Officer, as applicable; or (ii) the termination of this Agreement. (d) Should the employment of the individual(s) designated by Foreside to serve as the Fund Company’s Fund Officer be terminated for any reason, Foreside will immediately designate another qualified individual, subject to approval by the Board and the disinterested trustees, to serve as temporary Fund Officer until the earlier of: (i) the designation, and approval by the Board, of a new permanent AMLOFund Officer, as applicable; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Cco and Amlo Agreement (2023 ETF Series Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: the (i) the designation of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the BoardBoard and the Independent Trustees, of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement Agreement, and the rights and duties under this Agreement Agreement, shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Compliance Services Agreement (Milliman Variable Insurance Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as ACA Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to ACA Foreside or (ii) by ACA Foreside on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by ACA Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, ACA Foreside will designate another employee of ACA Foreside, subject to approval of the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by ACA Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, ACA Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either ACA Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Cco Agreement (Baseline CRE Income Fund)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty ninety (6090) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Cco Agreement (PENN Capital Funds Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties Parties and shall supersede all previous agreements between the partiesParties, whether oral or written, relating to the Fund Companysubject matter of this Agreement. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or Party without the Fund Company except by the specific written consent of the other partyParty. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties heretoParties.

Appears in 1 contract

Samples: Fund Cco Agreement (Tidal ETF Trust II)

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EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until continue, unless terminated in accordance with this Section 6, for an initial term ending November 7, 2023 (the provisions hereof“Initial Term”). After the expiration of the Initial Term, this Agreement shall automatically renew for successive 1-year terms unless terminated in accordance with this Section 6. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty one-hundred and twenty (60180) days’ written notice to Foreside or (ii) by Foreside on sixty one-hundred and twenty (60180) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual individual(s) designated by Foreside as the Fund Company’s CCO PFO/Treasurer, CCO, Secretary or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside Xxxxxxxx will designate another employee of Foreside, subject to approval of the Board and the disinterested trustees, to serve as temporary CCO PFO/Treasurer, CCO, Secretary or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent PFO/Treasurer, CCO, Secretary or AMLO, as applicable; or (ii) the termination of this Agreement. (d) Should the employment of the individual(s) designated by Foreside to serve as the Fund Company’s PFO/Treasurer, CCO Secretary or AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to approval by the Board and the disinterested trustees, to serve as temporary PFO/Treasurer, CCO, Secretary or AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent PFO/Treasurer, CCO, Secretary or AMLO, as applicable; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 13 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Pfo/Treasurer, Cco, Secretary and Amlo Agreement (HSBC Funds)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside Accredence or (ii) by Foreside Accredence on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside Accredence as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside Accredence will designate another employee of ForesideAccredence, subject to approval of the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside Accredence to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside Accredence will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside Accredence or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Cco Agreement (Monachil Credit Income Fund)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside Fxxxxxxx on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside Fxxxxxxx will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the BoardBoard and the Independent Trustees, of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement Agreement, and the rights and duties under this Agreement Agreement, shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Cco and Amlo Agreement (Milliman Variable Insurance Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the each Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) with respect to each Fund Company, by the such Fund Company’s Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the each Fund Company, provided, however, that the each Fund Company’s Board will have the right and authority to remove the individual designated by Foreside as the such Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, . with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the such Fund Company’s Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this AgreementAgreement with respect to such Fund Company. (d) Should the employment of the individual designated by Foreside to serve as the each Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the each Fund Company’s Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the each Fund Company’s Board, of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company any party except by the specific written consent of the other partyparty(ies). All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Cco Agreement (Eagle Growth & Income Opportunities Fund)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, or for no cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Cco and Amlo Agreement (Syntax Etf Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside Xxxxxxxx on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside Xxxxxxxx will designate another employee of Foreside, subject to approval of the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Cco and Amlo Agreement (DriveWealth ETF Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside Alaric commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside Alaric or (ii) by Foreside Alaric on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside Alaric as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penaltypenalty . In this case, Foreside Alaric will designate another employee of ForesideAlaric, subject to approval of the Board and the disinterested trusteesIndependent Directors, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (d) Should the employment or independent contractor status of the individual designated by Foreside Alaric to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside Alaric will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesIndependent Directors, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. If, however, the Board desires to retain the individual as CCO, upon terms and conditions mutually satisfactory to said individual and the Board, Alaric agrees that it will continue to provide the services described in Sections 2(c) through (f) of this Agreement and the Fund Company shall continue to pay all fees due pursuant to this Agreement until such time as either party terminates the Agreement, in accordance with this Section 6. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside Alaric or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Compliance and Aml Services Agreement (Harding Loevner Funds Inc)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreementthe Services, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating with respect to the Fund Companysuch Services. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty ninety (6090) days’ written notice to Foreside or (ii) by Foreside on sixty ninety (6090) days’ written notice to the Fund Company, ; provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO PFO/Treasurer at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO PFO/Treasurer until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOPFO/Treasurer; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO PFO/Treasurer be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesindependent Trustees, to serve as temporary CCO or as temporary AMLO PFO/Treasurer until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOPFO/Treasurer; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Pfo/Treasurer Agreement (Engine No. 1 ETF Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty thirty (6030) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesTrustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO end or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesTrustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, 10 and 12 11 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Cco Agreement (Del Rey Global Investors Funds)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the "Effective Date"). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty by either party on sixty (60) days' written notice. This termination may be (i) by the Board on sixty (60) days' written notice to Foreside or (ii) by Foreside on sixty (60) days' written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s 's CCO or the individual designated by Foreside as the Fund Company’s AMLO 's AMLCO at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO AMLCO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s 's CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Cco and Amlco Agreement (Community Development Fund)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreementthe Services, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund CompanyFund. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, Fund; provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund CompanyFund’s CCO or the individual designated by Foreside as the Fund Company’s AMLO PFO/Treasurer at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesindependent Trustees, to serve as temporary CCO or as temporary AMLO PFO/Treasurer until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOPFO/Treasurer; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund CompanyFund’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO PFO/Treasurer be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesindependent Trustees, to serve as temporary CCO or as temporary AMLO PFO/Treasurer until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOPFO/Treasurer; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e6(d), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Pfo/Treasurer Agreement (Global Beta ETF Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until continue, unless terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside Xxxxxxxx on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual individual(s) designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO Officers at any time, with or without cause, without payment of any penalty. In this case, Foreside Xxxxxxxx will designate another employee of Foreside, subject to approval of the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO Officer until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO Fund Officer, as applicable; or (ii) the termination of this Agreement. (d) Should the employment of the individual(s) designated by Foreside to serve as the Fund Company’s Fund Officer be terminated for any reason, Foreside will immediately designate another qualified individual, subject to approval by the Board and the disinterested trustees, to serve as temporary Fund Officer until the earlier of: (i) the designation, and approval by the Board, of a new permanent AMLOFund Officer, as applicable; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Officer Services Agreement (2023 ETF Series Trust II)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesTrustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesTrustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company and/or the Advisor except by the specific written consent of Foreside or by Foreside except by the specific written consent of the other partyFund Company. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Aml Officer Agreement (Precidian ETFs Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund CompanyTrust. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund CompanyTrust, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund CompanyTrust’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund CompanyTrust’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLOCCO; or (ii) the termination of this Agreement. If, however, the Board desires to retain the individual as CCO, upon terms and conditions mutually satisfactory to said individual and the Board, Foreside agrees that it will continue to provide the services described in Sections 2(c) through (f) of this Agreement and the Trust shall continue to pay all fees due pursuant to this Agreement until such time as either party terminates the Agreement, in accordance with this Section 6. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company Trust except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Compliance Services Agreement (U.S. One Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as Foreside commences providing services under this Agreement, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to Foreside or (ii) by Foreside on sixty (60) days’ written notice to the Fund Company, provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO at any time, with or without cause, without payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the disinterested trusteesTrustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trusteesTrustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (f) This Agreement and the rights and duties under this Agreement shall not be assignable by either Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Cco and Amlo Agreement (Global Beta ETF Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or at such time as ACA Foreside commences providing services under this Agreementthe Services, whichever is later (the “Effective Date”). Upon the Effective Date, this Agreement shall constitute the entire agreement between the parties and shall supersede all previous agreements between the parties, whether oral or written, relating to the Fund Company. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on sixty (60) days’ written notice to ACA Foreside or (ii) by ACA Foreside on sixty (60) days’ written notice to the Fund Company, ; provided, however, that the Board will have the right and authority to remove the individual designated by ACA Foreside as the Fund Company’s CCO or the individual designated by Foreside as the Fund Company’s AMLO PFO/Treasurer at any time, with or without cause, without payment of any penalty. In this case, ACA Foreside will designate another employee of ACA Foreside, subject to approval of the Board and the disinterested trusteesIndependent Trustees, to serve as temporary CCO or as temporary AMLO PFO/Treasurer until the earlier of: (i) the designation of a new permanent CCO or a new permanent AMLOPFO/Treasurer; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund Company’s CCO or the individual designated by Foreside to serve as the Fund Company’s AMLO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the disinterested trustees, to serve as temporary CCO or as temporary AMLO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO or a new permanent AMLO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(e6(d), 7, 10, 11, and 12 shall survive any termination of this Agreement. (fe) This Agreement and the rights and duties under this Agreement shall not be assignable by either ACA Foreside or the Fund Company except by the specific written consent of the other party. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto.

Appears in 1 contract

Samples: Fund Pfo/Treasurer Agreement (Baseline CRE Income Fund)

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