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

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on 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 subject 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 ALPS or (ii) by ALPS on thirty (30) days’ written notice to the Trust; provided, that the provisions of this Agreement related to services pursuant to Section 2 hereof may be terminated at any time by the Board, effective upon written notice to ALPS, 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 any party to this Agreement except by the specific written consent of the other parties. 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.

Appears in 8 contracts

Samples: Principal Financial Officer Services Agreement (Financial Investors Trust), Principal Financial Officer Services Agreement (Financial Investors Trust), Principal Financial Officer Services Agreement (ALPS Series Trust)

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EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on 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 subject 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 ALPS or (ii) by ALPS on thirty (30) days’ written notice to the TrustTrust or ALPS, as applicable; provided, that the provisions of this Agreement related to services pursuant to Section 2 hereof may be terminated at any time by the Board, effective upon written notice to ALPS, 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 any party to this Agreement except by the specific written consent of the other parties. 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.

Appears in 3 contracts

Samples: Principal Financial Officer Services Agreement (Financial Investors Trust), Principal Financial Officer Services Agreement (Financial Investors Trust), Principal Financial Officer Services Agreement (Financial Investors Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the Effective Datedate indicated above or such time FCS commences providing services under this Agreement, whichever is later. Upon the Effective Dateeffectiveness 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 subject matter hereofTrust. (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 ALPS FCS or (ii) by ALPS FCS on thirty sixty (3060) days' written notice to the Trust; provided, that the . (d) The provisions of this Agreement related to services pursuant to Section 2 hereof described in Sections 2(a), (b), (c) or (d) may be terminated at any time by the Board, effective upon written notice to ALPSFCS, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affected. In the event of termination of Sections 2(a), (b), (c) or (d), the parties will mutually agree upon the fees payable to FCS. (de) The provisions of Sections 2(e), 3, 6(d), 6(e), 7, 8, 10, 11 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 any party to this Agreement either FCS or the Trust except by the specific written consent of the other partiesparty. 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.

Appears in 2 contracts

Samples: Compliance Services Agreement (Monarch Funds), Compliance Services Agreement (Forum Funds)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund or Class on the Effective Datedate first written above. Upon the Effective Dateeffectiveness of this Agreement, 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 to parties hereto covering the subject matter hereofhereof insofar as such Agreement may have been deemed to relate to the Funds. (b) This Agreement shall continue in effect with respect to a Fund until terminated. (c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty (i) by the Board on fifteen sixty (1560) days' written notice to ALPS Forum or (ii) by ALPS Forum on thirty sixty (3060) days' written notice to the Trust; provided, that the provisions of this Agreement related to services pursuant to Section 2 hereof may be terminated at any time by the Board, effective upon written notice to ALPS, 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, 5(b), 6(d), 6(e), 78, 109, 11 12, 13(a) and 12 13(i) shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by any party to this Agreement either Forum or the Trust except by the specific written consent of the other partiesparty. 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 assigns of the parties hereto.

Appears in 2 contracts

Samples: Fund Accounting Agreement (Icm Series Trust), Fund Accounting Agreement (Icm 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 written, relating to the subject matter hereofFund. (b) This Agreement shall continue in effect until terminatedfor two years from the Effective Date, unless otherwise terminated in accordance with Section 6(c) hereof. (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 ALPS Foreside or (ii) by ALPS Foreside on thirty (30) days’ written notice to the Trust; provided, that the provisions of this Agreement related to services pursuant to Section 2 hereof may be terminated at any time by the Board, effective upon written notice to ALPS, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affectedFund. (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 any party to this Agreement either Foreside or the Fund except by the specific written consent of the other partiesparty. 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.

Appears in 2 contracts

Samples: Pfo/Treasurer Services Agreement (NETS Trust), Pfo/Treasurer Services Agreement (NETS Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the Effective Datedate indicated above or such time FCS commences providing services under this Agreement, whichever is later. Upon the Effective Dateeffectiveness 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 subject matter hereofFund. (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 ALPS FCS or (ii) by ALPS FCS on thirty sixty (3060) days’ written notice to the TrustFund; provided, provided that the provisions of this Agreement related to services pursuant to Section 2 hereof 2, may be terminated at any time by the Board, effective upon written notice to ALPSFCS, 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 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 any party to this Agreement either FCS or the Fund except by the specific written consent of the other partiesparty. 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.

Appears in 1 contract

Samples: Compliance Services Agreement (SPA ETF Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the Effective Datedate indicated above or such time ALPS commences providing services under this Agreement, whichever is later. Upon the Effective Dateeffectiveness 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 subject matter hereofprovision of PFO services by ALPS to the Trust or the Funds. (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) dayseffective upon ALPSreceipt of written notice from the Board to ALPS or (ii) by ALPS on thirty (30) days’ written notice to the Trust; provided, that the provisions of this Agreement related to services pursuant to Section 2 hereof may be terminated at any time by the Board, effective upon written notice to ALPS, 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 any party to this Agreement either ALPS or the Trust except by the specific written consent of the other partiesparty. 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.

Appears in 1 contract

Samples: Pfo Services Agreement (Oak Associates Funds)

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EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the Effective Datedate indicated above or such time WS commences providing services under this Agreement, whichever is later. Upon effectiveness of this Agreement, 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 subject matter hereofFund. (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 ALPS WS or (ii) by ALPS WS on thirty sixty (3060) days’ written notice to the TrustFund; provided, that the provisions of this Agreement related to services pursuant to Section 2 hereof may be terminated at any time or (iii) as so otherwise mutually agreed by the Board, effective upon written notice to ALPS, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affectedboth parties in writing. (d) The provisions of Sections 2(e), Section 3, 6(d), 6(e), 7, 8, 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 any party to this Agreement either WS or the Fund except by the specific written consent of the other partiesparty. 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.

Appears in 1 contract

Samples: Compliance Service Agreement (Diamond Portfolio Investment Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on 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 subject 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 ALPS and the Adviser or (ii) by ALPS or the Adviser on thirty (30) days’ written notice to the Trust, the Adviser or ALPS, as applicable; provided, that the provisions of this Agreement related to services pursuant to Section 2 hereof may be terminated at any time by the Board, effective upon written notice to ALPSALPS 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 and 12 13 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by any party to this Agreement except by the specific written consent of the other parties. 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.

Appears in 1 contract

Samples: Principal Financial Officer Services Agreement (Financial Investors Trust)

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective on the Effective Datedate indicated above or such time ALPS commences providing services under this Agreement, whichever is later. Upon the Effective Dateeffectiveness 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 subject matter hereofFund. (b) This Agreement shall continue in effect until terminatedterminated or until the termination of the Administration, Bookkeeping and Pricing Services Agreement between the Fund and ALPS dated as of July 26, 2011. (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 ALPS or (ii) by ALPS on thirty (30) days’ written notice to the TrustFund; provided, provided that the provisions of this Agreement related to services pursuant to Section 2 hereof 2, may be terminated at any time by the Board, effective upon written notice to ALPS, 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 any party to this Agreement either ALPS or the Fund except by the specific written consent of the other partiesparty. 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.

Appears in 1 contract

Samples: Pfo Services Agreement (Arbitrage 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 earlier (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 written, relating to the subject matter hereof.Client and the specific services contemplated on Appendix A. (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 Client on fifteen sixty (1560) days’ written notice to ALPS Foreside or (ii) by ALPS Foreside on thirty sixty (3060) days’ written notice to the Trust; provided, that the provisions of this Agreement related to services pursuant to Section 2 hereof may be terminated at any time by the Board, effective upon written notice to ALPS, without the payment of any penalty; the remaining portions of this Agreement shall be considered severable and not affectedClient. (d) The provisions of Sections 2(e2, 5(d), 36, 6(d), 6(e), 7, 10, 11 9 and 12 10 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by any party to this Agreement either Foreside or the Client except by the specific written consent of the other partiesparty. 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: Consulting Services Agreement (AIM ETF Products Trust)

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