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 such time Foreside commences providing services under this Agreement, whichever is later. Upon effectiveness of this Agreement, 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. (b) This Agreement shall continue in effect until terminated. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on fifteen (15) days’ written notice to Foreside or (ii) by Foreside on thirty (30) days’ written notice to the Fund; provided that the provisions of this Agreement related to services pursuant to Section 2, may be terminated at any time by the Board, effective upon written notice to Foreside, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. (d) The provisions of Sections 2(e), 3, 6(d), 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside or the Fund 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 assigns of the parties hereto.

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or such time Foreside FCS commences providing services under this Agreement, whichever is later. Upon effectiveness of this Agreement, 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. (b) This Agreement shall continue in effect until terminated. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on fifteen sixty (1560) days’ written notice to Foreside FCS or (ii) by Foreside FCS on thirty sixty (3060) days’ written notice to the Fund; provided that the provisions of this Agreement related to services pursuant to Section 2, may be terminated at any time by the Board, effective upon written notice to ForesideFCS, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. (d) The provisions of Sections 2(e), 3, 6(d), 6(e), 7, 8, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside FCS or the Fund 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 assigns of the parties hereto.

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or such time Foreside commences providing services under this Agreement, whichever is laterEffective Date. Upon effectiveness of this Agreementthe 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 Fundsubject matter hereof. (b) This Agreement shall continue in effect until terminated. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on fifteen (15) days’ written notice to Foreside ALPS and the Adviser or (ii) by Foreside ALPS or the Adviser on thirty (30) days’ written notice to the FundTrust, the Adviser or ALPS, as applicable; provided provided, that the provisions of this Agreement related to services pursuant to Section 2, 2 hereof may be terminated at any time by the Board, effective upon written notice to ForesideALPS and the Adviser, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. (d) The provisions of Sections 2(e), 3, 6(d), 6(e), 7, 10, 11, 11 and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside or the Fund any party to this Agreement except by the specific written consent of the other partyparties. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.

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 laterlater (the “Effective Date”). Upon effectiveness of this Agreementthe 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 written, relating to the Fund. (b) This Agreement shall continue in effect until terminatedterminated 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 fifteen sixty (1560) days’ written notice to Foreside or (ii) by Foreside on thirty sixty (3060) days’ written notice to the Fund; provided that the provisions of this Agreement related to services pursuant to Section 2, may be terminated at any time by the Board, effective upon written notice to Foreside, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. (d) The provisions of Sections 2(e), 3, 6(d), 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either the Fund and/or the Adviser except by the specific written consent of Foreside or the Fund by Foreside except by the specific written consent of the other partyFund. 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.

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or such time Foreside commences providing services under this Agreement, whichever is later. Upon effectiveness of this Agreement, 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. (b) This Agreement shall continue in effect until terminated. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on fifteen (15) days’ ' written notice to Foreside or (ii) by Foreside on thirty (30) days’ ' written notice to the Fund; provided that the provisions of this Agreement related to services pursuant to Section 2, may be terminated at any time by the Board, effective upon written notice to Foreside, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. (d) The provisions of Sections 2(e), 3, 6(d), 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside or the Fund 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 assigns of the parties hereto.

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or such time Foreside FCS commences providing services under this Agreement, whichever is later. Upon effectiveness of this Agreement, 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. (b) This Agreement shall continue in effect until terminated. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on fifteen sixty (1560) days’ ' written notice to Foreside FCS or (ii) by Foreside FCS on thirty sixty (3060) days’ ' written notice to the Fund; provided that the provisions of this Agreement related to services pursuant to Section 2, may be terminated at any time by the Board, effective upon written notice to ForesideFCS, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. (d) The provisions of Sections 2(e), 3, 6(d), 6(e), 7, 8, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside FCS or the Fund 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 assigns of the parties hereto.

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 laterlater (the “Effective Date”). Upon effectiveness of this Agreementthe 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 written, relating to the Fund. (b) This Agreement shall continue in effect until terminatedterminated 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 fifteen sixty (1560) days’ written notice to Foreside or (ii) by Foreside on thirty sixty (3060) days’ written notice to the Fund; provided provided, however, that the provisions of this Agreement related Board will have the right and authority to services pursuant to Section 2, may be terminated remove the individual designated by Foreside as the Fund’s PFO/Treasurer at any time by the Boardtime, effective upon written notice to Foresidewith or without cause, without the payment of any penalty. In this case, Foreside will designate another employee of Foreside, subject to approval of the Board and the Independent Trustees, to serve as temporary PFO/Treasurer until the earlier of: (i) the designation of a new permanent PFO/Treasurer; or (ii) the remaining portions termination of this Agreement shall be considered severable and not affectedAgreement. (d) The provisions of Sections 2(e), 3, 6(d), 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside or the Fund 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.

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or such time Foreside FFS commences providing services under this Agreement, whichever is later. Upon effectiveness of this Agreement, 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 FundTrust. (b) This Agreement shall continue in effect until terminated. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on fifteen sixty (1560) days’ ' written notice to Foreside FFS or (ii) by Foreside FFS on thirty sixty (3060) days’ ' written notice to the Fund; provided that the Trust. (d) The provisions of this Agreement related to services pursuant to Section 2CCO services, including Sections 2(a) and 2(b), may be terminated at any time by the Board, effective upon written notice to Foresidethe CCO, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. (de) The provisions of Sections 2(e2(d), 3, 6(d), 6(e), 7, 8, 10, 11, and 12 shall survive any termination of this Agreement. (ef) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside FFS or the Fund 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 assigns of the parties hereto.

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or such time Foreside FCS commences providing services under this Agreement, whichever is later. Upon effectiveness of this Agreement, 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. (b) This Agreement shall continue in effect until terminated. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on fifteen thirty (1530) days’ written notice to Foreside FCS or (ii) by Foreside FCS on thirty sixty (3060) days’ written notice to the Fund; provided that the provisions of this Agreement related to services pursuant to Section 2, may be terminated at any time by the Board, effective upon written notice to ForesideFCS, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. (d) The provisions of Sections 2(e), 3, 6(d), 6(e), 7, 8, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside FCS or the Fund 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 assigns of the parties hereto.

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or such time Foreside FCS commences providing services under this Agreement, whichever is later. Upon effectiveness of this Agreement, 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. (b) This Agreement shall continue in effect until terminated. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on fifteen sixty (1560) days’ ' written notice to Foreside FCS or (ii) by Foreside FCS on thirty sixty (3060) days’ ' written notice to the Fund; provided that the provisions of this Agreement related to services pursuant to Section 2, may be terminated at any time by the Board, effective upon written notice to ForesideFCS, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. (d) The provisions of Sections 2(e), 3, 6(d), 6(e), 7, 8, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside FCS or the Fund 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 assigns of the parties hereto.

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or such time Foreside commences providing services under this Agreement, whichever is later. Upon effectiveness of this Agreement, 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 FundTrust. (b) This Agreement shall continue in effect until terminated. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on fifteen sixty (1560) days’ ' written notice to Foreside or (ii) by Foreside on thirty sixty (3060) days’ ' written notice to the FundTrust; provided that the provisions of this Agreement related to services pursuant to Section 2, may be terminated at any time by the Board, effective upon written notice to Foreside, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. (d) The provisions of Sections 2(e), 3, 6(d), 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside or the Fund 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 assigns of the parties hereto.

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or such time Foreside ALPS commences providing services under this Agreement, whichever is later. Upon effectiveness of this Agreement, 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. (b) This Agreement shall continue in effect until terminated. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on fifteen (15) days’ written notice to Foreside ALPS or (ii) by Foreside ALPS on thirty (30) days’ written notice to the Fund; provided that the provisions of this Agreement related to services pursuant to Section 2, may be terminated at any time by the Board, effective upon written notice to ForesideALPS, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. Notwithstanding the foregoing, this Agreement shall terminate automatically upon termination of the Investment Advisory Agreement between CLIENT and ALPS Advisors, Inc. dated April 17, 2009 (the “Advisory Agreement”). (d) The provisions of Sections 2(e), 3, 6(d), 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside ALPS or the Fund 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 assigns of the parties hereto.

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or such time Foreside commences providing services under this Agreement, whichever is laterEffective Date. Upon effectiveness of this Agreementthe 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 Fundsubject matter hereof. (b) This Agreement shall continue in effect until terminated. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on fifteen (15) days’ written notice to Foreside ALPS and the Adviser or (ii) by Foreside ALPS of the Adviser on thirty (30) days’ written notice to the FundTrust, the Adviser or ALPS, as applicable; provided provided, that the provisions of this Agreement related to services pursuant to Section 2, 2 hereof may be terminated at any time by the Board, effective upon written notice to ForesideALPS and the Adviser, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. (d) The provisions of Sections 2(e), 3, 6(d), 6(e), 7, 10, 11, 11 and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside or the Fund any party to this Agreement except by the specific written consent of the other partyparties. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or such time Foreside ALPS commences providing services under this Agreement, whichever is later. Upon effectiveness of this Agreement, 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 FundTrust. (b) This Agreement shall continue in effect until terminated. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on fifteen (15) days’ written notice to Foreside ALPS or (ii) by Foreside ALPS on thirty (30) days’ written notice to the FundTrust; provided that the provisions of this Agreement related to services pursuant to Section 2, may be terminated at any time by the Board, effective upon written notice to ForesideALPS, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. (d) The provisions of Sections 2(e2(c), 3, 6(d), 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside ALPS or the Fund 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 assigns of the parties hereto.

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or such time Foreside ALPS commences providing services under this Agreement, whichever is later. Upon effectiveness of this Agreement, 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. (b) This Agreement shall continue in effect until terminated. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on fifteen (15) days’ written notice to Foreside ALPS or (ii) by Foreside ALPS on thirty (30) days’ written notice to the Fund; provided that the provisions of this Agreement related to services pursuant to Section 2, may be terminated at any time by the Board, effective upon written notice to ForesideALPS, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. (d) The provisions of Sections 2(e), 3, 6(d), 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside ALPS or the Fund 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 assigns of the parties hereto.

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or such time Foreside ALPS commences providing services under this Agreement, whichever is later. Upon effectiveness of this Agreement, 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. (b) This Agreement shall continue in effect until terminated. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board Trust on fifteen (15) days’ written notice to Foreside ALPS or (ii) by Foreside ALPS or Vulcan on thirty (30) days’ written notice to the FundTrust, Vulcan and/or ALPS, as applicable; provided that the provisions of this Agreement related to services pursuant to Section 2, may be terminated at any time by the BoardTrust, effective upon written notice to ForesideALPS and Vulcan, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. (d) The provisions of Sections 2(e), 3, 6(d), 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside the Trust, Vulcan or the Fund ALPS except by the specific written consent of the other partyparties. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto.

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or such time Foreside FFS commences providing services under this Agreement, whichever is later. Upon effectiveness of this Agreement, 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. (b) This Agreement shall continue in effect until terminated. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on fifteen sixty (1560) days’ ' written notice to Foreside FFS or (ii) by Foreside FFS on thirty sixty (3060) days’ ' written notice to the Fund; provided that the provisions of this Agreement related to services pursuant to Section 2CCO services, including Sections 2(a) and 2(b), may be terminated at any time by the Board, effective upon written notice to Foresidethe CCO, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. (d) The provisions of Sections 2(e2(d), 3, 6(d), 6(e), 7, 8, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside FFS or the Fund 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 assigns of the parties hereto.

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the date indicated above or such time Foreside ALPS commences providing services under this Agreement, whichever is later. Upon effectiveness of this Agreement, 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 FundFunds. (b) This Agreement shall continue in effect until terminated. (c) This Agreement may be terminated at any time, without the payment of any penalty (i) by the Board on fifteen (15) days’ written notice to Foreside ALPS or (ii) by Foreside ALPS on thirty (30) days’ written notice to the Fund; provided that the provisions of this Agreement related to services pursuant to Section 2, may be terminated at any time by the Board, effective upon written notice to ForesideALPS, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. (d) The provisions of Sections 2(e), 3, 6(d), 6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Foreside ALPS or the Fund 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 assigns of the parties hereto.