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 the 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. (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; provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund’s CFO/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 Independent Trustees, to serve as temporary CFO/Treasurer until the earlier of: (i) the designation of a new permanent CFO/Treasurer; or (ii) the termination of this Agreement. (d) The provisions of Sections 3, 6(d), 7, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement 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.

Appears in 1 contract

Samples: Fund Cfo/Treasurer Agreement (Arbitrage Funds)

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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 the 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. (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; provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund’s CFOPFO/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 Independent independent Trustees, to serve as temporary CFOPFO/Treasurer until the earlier of: (i) the designation of a new permanent CFOPFO/Treasurer; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund’s PFO/Treasurer be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the independent Trustees, to serve as temporary PFO/Treasurer until the earlier of: (i) the designation, and approval by the Board, of a new permanent PFO/Treasurer; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(d6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (ef) This Agreement and the rights and duties under this Agreement 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.

Appears in 1 contract

Samples: Fund Treasurer Agreement (AIM ETF Products 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 the 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. (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 thirty (6030) days’ written notice to the Fund; provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund’s CFO/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 Independent Trustees, to serve as temporary CFO/Treasurer until the earlier of: (i) the designation of a new permanent CFO/Treasurer; or (ii) the termination of this Agreement. (d) The provisions of Sections 3, 6(d), 7, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement 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.

Appears in 1 contract

Samples: Fund Cfo/Treasurer 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 the Servicesservices 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. (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; , provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the FundTrust’s CFO/Treasurer CCO 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 Independent Trustees, to serve as temporary CFO/Treasurer CCO until the earlier of: (i) the designation of a new permanent CFO/TreasurerCCO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund’s CCO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the Independent Trustees, to serve as temporary CCO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO; 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(d6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (ef) This Agreement and the rights and duties under this Agreement 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.

Appears in 1 contract

Samples: Compliance and Aml Services Agreement (Javelin Exchange-Traded 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 the 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. (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; provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund’s CFO/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 Independent Trustees, to serve as temporary CFO/Treasurer until the earlier of: (i) the designation of a new permanent CFO/Treasurer; or (ii) the termination of this Agreement. (d) The provisions of Sections 3, 6(d), 7, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement 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.

Appears in 1 contract

Samples: Fund Cfo/Treasurer Agreement (Morningstar 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 the Servicesservices 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. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (ci) 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; , provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the FundTrust’s CFO/Treasurer CCO 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 Independent Trustees, to serve as temporary CFO/Treasurer CCO until the earlier of: (i) the designation of a new permanent CFO/TreasurerCCO; or (ii) the termination of this Agreement. (ii) a party may terminate this Agreement immediately without notice upon the issuance by any federal, state or local regulatory body of any administrative or regulatory sanction or penalty against the other party concerning or relating to this Agreement, or a petition in bankruptcy is filed by or against the other party, if such other party shall have made an assignment for the benefit of creditors, if the other party shall have voluntarily or involuntarily been adjudicated a bankrupt, or if a petition is filed for the reorganization of the other party. (d) Should the employment of the individual designated by Foreside to serve as the Fund’s CCO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the Independent Trustees, to serve as temporary CCO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO, who will have similar experience to that of the Initial CCO; 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(d6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (ef) This Agreement and the rights and duties under this Agreement 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.

Appears in 1 contract

Samples: Compliance and Anti Money Laundering Services Agreement (Old Mutual Global Shares 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 the 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. (b) This Agreement shall continue in effect until terminated in accordance with the provisions hereof. (ci) 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; provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund’s CFO/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 Independent Trustees, to serve as temporary CFO/Treasurer until the earlier of: (i) the designation of a new permanent CFO/Treasurer; or . (ii) a party may terminate this Agreement immediately without notice upon the termination issuance by any federal, state or local regulatory body of any administrative or regulatory sanction or penalty against the other party concerning or relating to this Agreement, or a petition in bankruptcy is filed by or against the other party, if such other party shall have made an assignment for the benefit of creditors, if the other party shall have voluntarily or involuntarily been adjudicated a bankrupt, or if a petition is filed for the reorganization of the other party. (d) The provisions of Sections 3, 6(d), 7, 10, 11, and 12 shall survive any termination of this Agreement. (e) This Agreement and the rights and duties under this Agreement 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.

Appears in 1 contract

Samples: Principal Financial Officer/Treasurer Services Agreement (Old Mutual Global Shares 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 the Servicesservices 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. (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; , provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund’s CFO/Treasurer CCO 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 Board, including a majority of Trustees who are not considered “interested persons” as defined under the 1940 Act (“Independent Trustees”), to serve as temporary CFO/Treasurer CCO until the earlier of: (i) the designation of a new permanent CFO/TreasurerCCO; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund’s CCO be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board, including the Independent Trustees, to serve as temporary CCO until the earlier of: (i) the designation, and approval by the Board, of a new permanent CCO; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(d6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (ef) This Agreement and the rights and duties under this Agreement 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.

Appears in 1 contract

Samples: Cco Agreement (A3 Alternative Credit 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 the 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. (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; provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund’s 's CFO/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 Independent independent Trustees, to serve as temporary CFO/Treasurer until the earlier of: (i) the designation of a new permanent CFO/Treasurer; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund's CFO/Treasurer be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the independent Trustees, to serve as temporary CFO/Treasurer until the earlier of: (i) the designation, and approval by the Board, of a new permanent CFO/Treasurer; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(d6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (ef) This Agreement and the rights and duties under this Agreement 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.

Appears in 1 contract

Samples: Fund Cfo/Treasurer 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 the 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. (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; provided, however, that the Board will have the right and authority to remove the individual designated by Foreside as the Fund’s CFOPFO/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 Independent Trustees, to serve as temporary CFOPFO/Treasurer until the earlier of: (i) the designation of a new permanent CFOPFO/Treasurer; or (ii) the termination of this Agreement. (d) Should the employment of the individual designated by Foreside to serve as the Fund’s PFO/Treasurer be terminated for any reason, Foreside will immediately designate another qualified individual, subject to ratification by the Board and the Independent Trustees, to serve as PFO/Treasurer until the earlier of: (i) the designation, and approval by the Board and the Independent Trustees, of a new PFO/Treasurer; or (ii) the termination of this Agreement. (e) The provisions of Sections 3, 6(d6(e), 7, 10, 11, and 12 shall survive any termination of this Agreement. (ef) This Agreement and the rights and duties under this Agreement 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.

Appears in 1 contract

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

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