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

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund on the date hereof or, with respect to additional series of the Trust to which this agreement shall apply by amendment of Appendix A, upon the date of such amendment. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof 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 for a period of one year from its effectiveness and shall continue in effect for successive one year periods; provided, however, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this agreement or interested persons of any such party (other than as Trustees of the Trust); provided further, however, that if the continuation of this agreement is not approved as to a Fund, Forum may continue to render to the Fund the services described herein in the manner and to the extent permitted by the Act and the rules and regulations thereunder. (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 60 days' written notice to Forum or (ii) by Forum on 60 days' written notice to the Trust. (d) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the 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 as between Atlantic and the Trust on the date first above written (“Effective Date”). This Agreement shall have a term of three years from the Effective Date and shall thereafter continue in effect from year to year until terminated. This Agreement shall become effective with respect to each a new Fund on the later of the date hereof or, that the Trust’s Registration Statement with respect to additional series of the Trust to which this agreement shall apply by amendment of Appendix A, upon such Fund becomes effective or the date of such amendmentthe commencement of operations of the Fund. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Trust or the Funds; provided that the fees and liability and indemnification agreement provisions applicable to services provided and acts or failure to act before the Effective Date shall be the agreement provisions in effect at the time under the Prior Agreements. (b) This Agreement shall continue in effect (i) until terminated in its entirety or (ii), with respect to any Fund or with respect to any one or more of the Services covered by Appendices B or C, as applicable, provided to any one or more of the Funds, until terminated as to a Fund for or a period Service provided to a Fund. (c) Except as provided in Section 5(e), this Agreement may be terminated (A) in its entirety or (B) with respect to any Fund or with respect to any one or more of the Services covered by Appendices B or C, as applicable, provided to any one year from its effectiveness and shall continue in effect for successive one year periods; providedor more of the Funds (a “Partial Termination”), however, that continuance is specifically approved at least annually without the payment of any penalty: (i) subject to Section 5(e) below, with or without cause, at any time, by either party on the Board or by date specified in a vote written notice to the other party provided not less than 120 days prior to the termination date specified in the notice, provided that in the event the Trust gives notice of a majority Partial Termination, Atlantic shall have thirty days to deliver notice that it intends to terminate any remaining portion, or the entirety, of this Agreement (and any such notice from Atlantic shall be deemed to have been given as of the outstanding voting securities date of the Fund and (ii) by a vote of a majority of Trustees of original notice from the Trust who are not parties to this agreement or interested persons of any and with the same effective date as that set forth in such party (other than as Trustees of notice from the Trust); provided further, that in the event Atlantic gives notice of termination or of a Partial Termination, the Board may delay the termination or Partial Termination for up to 60 days upon written notice to Atlantic and a finding that doing so is in the best interest of shareholders of the affected Fund or Funds; and (ii) for cause at any time by the non-breaching party on at least sixty (60) days’ written notice thereof to the other party, if the other party has materially breached any of its obligations hereunder including, with respect to Atlantic, the failure by Atlantic to act consistently with the standard of care set forth in Section 3(a); provided, however, that if (i) the continuation termination notice shall describe the breach, and (ii) no such termination shall be effective if, with respect to any breach that is capable of this agreement is not approved as to a Fund, Forum may continue to render being cured prior to the Fund the services described herein date set forth in the manner and termination notice, the breaching party has cured such breach to the extent permitted by reasonable satisfaction of the Act and the rules and regulations thereundernon-breaching party. (d) Upon notice of termination by either party of this Agreement, in its entirety or with respect to any Fund or any Service provided to any Fund, Atlantic shall promptly transfer to any successor service providers the original or copies of all books and records maintained by Atlantic under this Agreement including, in the case of records maintained on computer systems, copies of such records in commercially reasonable, machine-readable form, and shall cooperate with, and provide reasonable assistance to, the successor service provider(s) in the establishment of the books and records necessary to carry out the successor service providers’ responsibilities. Should the Trust exercise its right to terminate this Agreement, the Trust shall reimburse Atlantic for Atlantic’s reasonable costs associated with the copying and movement of records and material to any successor person and providing assistance to any successor person in the establishment of the accounts and records necessary to carry out the successor’s responsibilities (“termination costs”); provided, however, that, notwithstanding anything herein to the contrary, the Trust shall have no obligation to reimburse Atlantic for its costs if the Trust terminates this Agreement pursuant to clause (ii) of subsection (c) This above or if Atlantic terminates this Agreement pursuant to clause (i) of subsection (c) above. (e) Except as provided in Section 5(c)(i) concerning Atlantic’s termination should the Trust give notice of Partial Termination and except as provided in Section 5(c)(ii), this Agreement may not be terminated with respect to any Fund as to which the Agreement becomes effective after the Effective Date (a “new Fund”) before the end of three years following the date on which the Agreement becomes effective with respect to the new Fund, unless the operations of the new Fund are wound up and discontinued and the assets of the new Fund are distributed to the Shareholders. The period from the date on which this Agreement becomes effective as to a new Fund until the date on which the Agreement could be terminated as to the new Fund under this Section 5(e) is the “Base Period” as to the new Fund. (f) Inasmuch as a termination pursuant to Section 5(c)(ii) by Atlantic or if the Agreement is otherwise terminated or deemed to be terminated by actions of the Trust (except pursuant to Section 5(c)(ii) due to breach by Atlantic) will, in the circumstances described below in this Section 5(f), cause substantial damages to Atlantic and because of the difficulty of estimating those damages, the Trust shall pay, as liquidated damages, the amounts set forth below as of the effective date of such termination or Partial Termination (the “Termination Payment Amount”): (A) If the new Fund is advised by an Adviser or an Affiliate of the Adviser that has provided advisory services to the Trust (even if such services were provided with respect to another Fund) for at least three (3) years prior to the effective date of such termination or Partial Termination for the new Fund (an “Existing Advisor”), then the Termination Payment Amount shall be equal to: (1) If the new Fund began operations as a Fund at any timeunder the Trust ¾ (a) $50,000, without if such termination or Partial Termination occurs within one year of the payment effective date of any penaltythe Registration Statement for such new Fund; (b) $30,000, if such termination or Partial Termination occurs after one year but before the second year of the effective date of the Registration Statement for such new Fund; and (c) $15,000, if such termination or Partial Termination occurs after the second year but before the third year of the effective date of the Registration Statement for such new Fund; (2) If the new Fund began operations as a fund under another company or trust ¾ (a) $150,000, if such termination or Partial Termination occurs within one year of the effective date of the Registration Statement for such new Fund; (b) $100,000, if such termination or Partial Termination occurs after one year but before the second year of the effective date of the Registration Statement for such new Fund; and (c) $50,000, if such termination or Partial Termination occurs after the second year but before the third year of the effective date of the Registration Statement for such new Fund; (3) The amounts listed in (1) and (2) above are for terminations; the Termination Payment Amount for Partial Terminations shall be 50% of the amount listed. (B) If the new Fund is advised by an Advisor that is not an Existing Advisor, then the Termination Payment Amount shall be equal to one-third of (i) the average monthly fees payable to Atlantic pursuant to Section 4(a) of this Agreement for the last six (6) months preceding such termination or Partial termination, multiplied by the Board on 60 days' written notice to Forum or (ii) by Forum on 60 days' written notice the number of full and partial months remaining until the expiration of the Base Period. The Parties agree that the foregoing sums are a reasonable forecast of probable actual loss to the TrustAtlantic and that they are agreed to as liquidated damages and not as a penalty. (dg) This The provisions of Sections 3, 4, 5, 7, 13 and 15 shall survive any termination of this Agreement. (h) Except as otherwise provided in this Agreement, neither this Agreement and the nor any rights and duties or obligations under this Agreement otherwise shall not may be assignable assigned by either Forum or any party without the Trust except by the specific written consent of the other party. All terms and provisions of this This Agreement shall be binding upon, inure to the benefit of and be enforceable binding upon the parties and their respective permitted successors and assigns. Subject to prior notice to the Trust, Atlantic may, without further consent on the part of the Trust, (i) assign this agreement to any Affiliate of Atlantic or (ii) subcontract for the performance hereof with any entity, including an Affiliate of Atlantic; provided however, that Atlantic shall be as fully responsible to the Trust for the acts and omissions of any assignee or subcontractor as Atlantic is for its own acts and omissions under this Agreement and that no such assignment or subcontract will increase the compensation payable by the respective successors and assigns Trust to Atlantic under this Agreement for the Services. Notwithstanding the foregoing, Atlantic shall not be liable for the acts or omissions of (i) any Non-Discretionary Subcontractors or (ii) any assignee provided that the parties heretoTrust has consented to such assignment.

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund on the date hereof or, with respect to additional series of the Trust to which this agreement shall apply by amendment of Appendix A, upon the date of such amendment. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof 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 for a period of one year from its effectiveness and shall continue in effect for successive one year periods; provided, however, that continuance is specifically approved at least annually (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this agreement or interested persons of any such party (other than as Trustees of the Trust); provided further, however, that if the continuation of this agreement is not approved as to a Fund, Forum FAS may continue to render to the Fund the services described herein in the manner and to the extent permitted by the Act and the rules and regulations thereunder. (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 60 days' written notice to Forum FAS or (ii) by Forum FAS on 60 days' written notice to the Trust. (d) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum FAS or the 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 as between Citibank and the Trust on June 2, 2008 with respect to each Fund Accounting Services and Fund Administration Services, except the Blue Sky Services set forth in Section 5 of Appendix C; and June 16, 2008 with respect to Transfer Agency Services and Blue Sky Services (“Effective Date”). This Agreement shall have a term beginning on the Effective Date and ending on April 19, 2010. This Agreement shall become effective with respect to a new Fund on the later of the date hereof or, that the Trust’s Registration Statement with respect to additional series of the Trust to which this agreement shall apply by amendment of Appendix A, upon such Fund becomes effective or the date of such amendmentthe commencement of operations of the Fund. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to Citibank’s provision of Services to the Trust or the Funds; provided that the fees and liability and indemnification agreement provisions applicable to services provided and acts or failure to act before the Effective Date shall be the agreement provisions in effect at the time under the Prior Forum Agreements. The parties agree that Citibank shall not be responsible for any obligations of Atlantic Fund Administration, LLC under the Agreement. (b) This Agreement shall continue in effect (i) until terminated in its entirety or (ii), with respect to any Fund or with respect to any one or more of the Services covered by Appendices C, D or E, as applicable, provided to any one or more of the Funds, until terminated as to a Fund for or a period Service provided to a Fund. (c) Except as provided in Section 5(e), this Agreement may be terminated (A) in its entirety or (B) with respect to any Fund or with respect to any one or more of the Services covered by Appendices C, D or E, as applicable, provided to any one year from its effectiveness and shall continue in effect for successive one year periods; providedor more of the Funds (a “Partial Termination”), however, that continuance is specifically approved at least annually without the payment of any penalty: (i) subject to Section 5(e) below, with or without cause, at any time, by either party on the Board or by date specified in a vote written notice to the other party provided not less than 120 days prior to the termination date specified in the notice, provided that in the event the Trust gives notice of a majority Partial Termination, Citibank shall have thirty days to deliver notice that it intends to terminate any remaining portion, or the entirety, of this Agreement (and any such notice from Citibank shall be deemed to have been given as of the outstanding voting securities date of the Fund and (ii) by a vote of a majority of Trustees of original notice from the Trust who are not parties to this agreement or interested persons of any and with the same effective date as that set forth in such party (other than as Trustees of notice from the Trust); provided further, that in the event Citibank gives notice of termination or of a Partial Termination, the Board may delay the termination or Partial Termination for up to 60 days upon written notice to Citibank and a finding that doing so is in the best interest of shareholders of the affected Fund or Funds; and (ii) for cause at any time by the non-breaching party on at least sixty (60) days’ written notice thereof to the other party, if the other party has materially breached any of its obligations hereunder including, with respect to Citibank, the failure by Citibank to act consistently with the standard of care set forth in Section 3(a); (iii) provided, however, that (i) the termination notice shall describe the breach, and (ii) no such termination shall be effective if, with respect to any breach that is capable of being cured prior to the date set forth in the termination notice, the breaching party has cured such breach to the reasonable satisfaction of the non-breaching party. (d) Upon notice of termination by either party of this Agreement, in its entirety or with respect to any Fund or any Service provided to any Fund, Citibank shall promptly transfer to any successor service providers the original or copies of all books and records maintained by Citibank under this Agreement including, in the case of records maintained on computer systems, copies of such records in commercially reasonable, machine-readable form, and shall cooperate with, and provide reasonable assistance to, the successor service provider(s) in the establishment of the books and records necessary to carry out the successor service providers’ responsibilities. Should the Trust exercise its right to terminate this Agreement, the Trust shall reimburse Citibank for Citibank’s reasonable costs associated with the copying and movement of records and material to any successor person and providing assistance to any successor person in the establishment of the accounts and records necessary to carry out the successor’s responsibilities (“termination costs”); provided, however, that, notwithstanding anything herein to the contrary, the Trust shall have no obligation to reimburse Citibank for its costs if the continuation Trust terminates this Agreement pursuant to clause (ii) of subsection (c) above or if Citibank terminates this agreement is Agreement pursuant to clause (i) of subsection (c) above. (e) Except as provided in Section 5(c)(i) concerning Citibank’s termination should the Trust give notice of Partial Termination and except as provided in Section 5(c)(ii), this Agreement may not approved be terminated with respect to any Fund, other than Xxxxx Advisory Flexible Value Fund, as to which the Agreement becomes effective after the Effective Date (a “new Fund”) before the end of three years following the date on which the Agreement becomes effective with respect to the new Fund, unless: (i) the operations of the new Fund are wound up and discontinued and the assets of the new Fund are distributed to the Shareholders or (ii) the new Fund reorganizes or merges with a different fund and Citibank continues to provide Services with respect to the Fund, or any successor fund, pursuant to this Agreement or any substantially similar agreement. The period from the date on which this Agreement becomes effective as to a Fund, Forum may continue to render new Fund until the date on which the Agreement could be terminated as to the new Fund under this Section 5(e) is the services described herein “Base Period” as to the new Fund. (f) Inasmuch as a termination pursuant to Section 5(c)(ii) by Citibank or if the Agreement is otherwise terminated or deemed to be terminated by actions of the Trust (except pursuant to Section 5(c)(ii) due to breach by Citibank) will, in the manner circumstances described below in this Section 5(f), cause substantial damages to Citibank and to because of the extent permitted by difficulty of estimating those damages, the Act and Trust shall pay, as liquidated damages, the rules and regulations thereunderamounts set forth below as of the effective date of such termination or Partial Termination (the “Termination Payment Amount”): (A) The Termination Payment Amount shall be equal to: (1) If the new Fund began operations as a Fund under the Trust ¾ (a) $50,000, if such termination or Partial Termination occurs within one year of the effective date of the Registration Statement for such new Fund; and (b) $30,000, if such termination or Partial Termination occurs after one year but before the second year of the effective date of the Registration Statement for such new Fund. (c) This $15,000, if such termination or Partial Termination occurs after the second year but before the third year of the effective date of the Registration Statement for such new Fund; (2) If the new Fund began operations as a fund under another company or trust ¾ (a) $150,000, if such termination or Partial Termination occurs within one year of the effective date of the Registration Statement for such new Fund; (b) $100,000, if such termination or Partial Termination occurs after one year but before the second year of the effective date of the Registration Statement for such new Fund; and (c) $50,000, if such termination or Partial Termination occurs after the second year but before the third year of the effective date of the Registration Statement for such new Fund; (3) The amounts listed in (1) and (2) above are for terminations; the Termination Payment Amount for Partial Terminations shall be 50% of the amount listed. The Parties agree that the foregoing sums are a reasonable forecast of probable actual loss to Citibank and that they are agreed to as liquidated damages and not as a penalty. (g) The provisions of Sections 3, 4, 5, 7, 13 and 15 shall survive any termination of this Agreement. (h) Except as otherwise provided in this Agreement, neither this Agreement nor any rights or obligations under this Agreement may be terminated with respect to a Fund at assigned by any time, party without the payment of any penalty, (i) by the Board on 60 days' written notice to Forum or (ii) by Forum on 60 days' written notice to the Trust. (d) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the Trust except by the specific written consent of the other party. All terms and provisions of this This Agreement shall be binding upon, inure to the benefit of and be enforceable binding upon the parties and their respective permitted successors and assigns. Subject to prior notice to the Trust, Citibank may, without further consent on the part of the Trust, (i) assign this agreement to any Affiliate of Citibank or (ii) subcontract for the performance hereof with any entity, including an Affiliate of Citibank; provided however, that Citibank shall be as fully responsible to the Trust for the acts and omissions of any assignee or subcontractor as Citibank is for its own acts and omissions under this Agreement and that no such assignment or subcontract will increase the compensation payable by the respective successors Trust to Citibank under this Agreement for the Services. Notwithstanding the foregoing, (A) Citibank shall not be liable for the acts or omissions of (i) any Non-Discretionary Subcontractors or (ii) any assignee provided that the Trust has consented to such assignment and assigns (B) Citibank may subcontract for the performance hereof with Citi Fund Services Ohio, Inc. without prior notice; provided however, that Citibank shall be as fully responsible to the Trust for the acts and omissions of Citi Fund Services Ohio, Inc. as Citibank is for its own acts and omissions and that no such subcontract will increase the parties heretocompensation payable by the Trust to Citibank under this Agreement for the Services.

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective as between Atlantic and the Trust on the date first above written (“Effective Date”). This Agreement shall have a term of three years from the Effective Date and shall thereafter continue in effect from year to year until terminated. This Agreement shall become effective with respect to each a new Fund on the later of the date hereof or, that the Trust’s Registration Statement with respect to additional series of the Trust to which this agreement shall apply by amendment of Appendix A, upon such Fund becomes effective or the date of such amendmentthe commencement of operations of the Fund. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof insofar as such Agreement may have been deemed to relate to the Trust or the Funds; provided that the fees and liability and indemnification agreement provisions applicable to services provided and acts or failure to act before the Effective Date shall be the agreement provisions in effect at the time under the Prior Agreements. (b) This Agreement shall continue in effect (i) until terminated in its entirety or (ii), with respect to any Fund or with respect to any one or more of the Services covered by Appendices B or C, as applicable, provided to any one or more of the Funds, until terminated as to a Fund for or a period Service provided to a Fund. (c) Except as provided in Section 5(e), this Agreement may be terminated (A) in its entirety or (B) with respect to any Fund or with respect to any one or more of the Services covered by Appendices B or C, as applicable, provided to any one year from its effectiveness and shall continue in effect for successive one year periods; providedor more of the Funds (a “Partial Termination”), however, that continuance is specifically approved at least annually without the payment of any penalty: (i) subject to Section 5(e) below, with or without cause, at any time, by either party on the Board or by date specified in a vote written notice to the other party provided not less than 120 days prior to the termination date specified in the notice, provided that in the event the Trust gives notice of a majority Partial Termination, Atlantic shall have thirty days to deliver notice that it intends to terminate any remaining portion, or the entirety, of this Agreement (and any such notice from Atlantic shall be deemed to have been given as of the outstanding voting securities date of the Fund and (ii) by a vote of a majority of Trustees of original notice from the Trust who are not parties to this agreement or interested persons of any and with the same effective date as that set forth in such party (other than as Trustees of notice from the Trust); provided further, that in the event Atlantic gives notice of termination or of a Partial Termination, the Board may delay the termination or Partial Termination for up to 60 days upon written notice to Atlantic and a finding that doing so is in the best interest of shareholders of the affected Fund or Funds; and (ii) for cause at any time by the non-breaching party on at least sixty (60) days’ written notice thereof to the other party, if the other party has materially breached any of its obligations hereunder including, with respect to Atlantic, the failure by Atlantic to act consistently with the standard of care set forth in Section 3(a); provided, however, that if (i) the continuation termination notice shall describe the breach, and (ii) no such termination shall be effective if, with respect to any breach that is capable of this agreement is not approved as to a Fund, Forum may continue to render being cured prior to the Fund the services described herein date set forth in the manner and termination notice, the breaching party has cured such breach to the extent permitted by reasonable satisfaction of the Act and the rules and regulations thereundernon-breaching party. (d) Upon notice of termination by either party of this Agreement, in its entirety or with respect to any Fund or any Service provided to any Fund, Atlantic shall promptly transfer to any successor service providers the original or copies of all books and records maintained by Atlantic under this Agreement including, in the case of records maintained on computer systems, copies of such records in commercially reasonable, machine-readable form, and shall cooperate with, and provide reasonable assistance to, the successor service provider(s) in the establishment of the books and records necessary to carry out the successor service providers’ responsibilities. Should the Trust exercise its right to terminate this Agreement, the Trust shall reimburse Atlantic for Atlantic’s reasonable costs associated with the copying and movement of records and material to any successor person and providing assistance to any successor person in the establishment of the accounts and records necessary to carry out the successor’s responsibilities (“termination costs”); provided, however, that, notwithstanding anything herein to the contrary, the Trust shall have no obligation to reimburse Atlantic for its costs if the Trust terminates this Agreement pursuant to clause (ii) of subsection (c) This above or if Atlantic terminates this Agreement pursuant to clause (i) of subsection (c) above. (e) Except as provided in Section 5(c)(i) concerning Atlantic’s termination should the Trust give notice of Partial Termination and except as provided in Section 5(c)(ii), this Agreement may not be terminated with respect to any Fund as to which the Agreement becomes effective after the Effective Date (a “new Fund”) before the end of three years following the date on which the Agreement becomes effective with respect to the new Fund, unless the operations of the new Fund are wound up and discontinued and the assets of the new Fund are distributed to the Shareholders. The period from the date on which this Agreement becomes effective as to a new Fund until the date on which the Agreement could be terminated as to the new Fund under this Section 5(e) is the “Base Period” as to the new Fund. (f) Inasmuch as a termination pursuant to Section 5(c)(ii) by Atlantic or if the Agreement is otherwise terminated or deemed to be terminated by actions of the Trust (except pursuant to Section 5(c)(ii) due to breach by Atlantic) will, in the circumstances described below in this Section 5(f), cause substantial damages to Atlantic and because of the difficulty of estimating those damages, the Trust shall pay, as liquidated damages, the amounts set forth below as of the effective date of such termination or Partial Termination (the “Termination Payment Amount”): (A) If the new Fund is advised by an Adviser or an Affiliate of the Adviser that has provided advisory services to the Trust (even if such services were provided with respect to another Fund) for at least three (3) years prior to the effective date of such termination or Partial Termination for the new Fund (an “Existing Advisor”), then the Termination Payment Amount shall be equal to: (1) If the new Fund began operations as a Fund at any timeunder the Trust — (a) $50,000, without if such termination or Partial Termination occurs within one year of the payment effective date of any penaltythe Registration Statement for such new Fund; (b) $30,000, if such termination or Partial Termination occurs after one year but before the second year of the effective date of the Registration Statement for such new Fund; and (c) $15,000, if such termination or Partial Termination occurs after the second year but before the third year of the effective date of the Registration Statement for such new Fund; (2) If the new Fund began operations as a fund under another company or trust — (a) $150,000, if such termination or Partial Termination occurs within one year of the effective date of the Registration Statement for such new Fund; (b) $100,000, if such termination or Partial Termination occurs after one year but before the second year of the effective date of the Registration Statement for such new Fund; and (c) $50,000, if such termination or Partial Termination occurs after the second year but before the third year of the effective date of the Registration Statement for such new Fund; (3) The amounts listed in (1) and (2) above are for terminations; the Termination Payment Amount for Partial Terminations shall be 50% of the amount listed. (B) If the new Fund is advised by an Advisor that is not an Existing Advisor, then the Termination Payment Amount shall be equal to one-third of (i) the average monthly fees payable to Atlantic pursuant to Section 4(a) of this Agreement for the last six (6) months preceding such termination or Partial termination, multiplied by the Board on 60 days' written notice to Forum or (ii) by Forum on 60 days' written notice the number of full and partial months remaining until the expiration of the Base Period. The Parties agree that the foregoing sums are a reasonable forecast of probable actual loss to the TrustAtlantic and that they are agreed to as liquidated damages and not as a penalty. (dg) This The provisions of Sections 3, 4, 5, 7, 13 and 15 shall survive any termination of this Agreement. (h) Except as otherwise provided in this Agreement, neither this Agreement and the nor any rights and duties or obligations under this Agreement otherwise shall not may be assignable assigned by either Forum or any party without the Trust except by the specific written consent of the other party. All terms and provisions of this This Agreement shall be binding upon, inure to the benefit of and be enforceable binding upon the parties and their respective permitted successors and assigns. Subject to prior notice to the Trust, Atlantic may, without further consent on the part of the Trust, (i) assign this agreement to any Affiliate of Atlantic or (ii) subcontract for the performance hereof with any entity, including an Affiliate of Atlantic; provided however, that Atlantic shall be as fully responsible to the Trust for the acts and omissions of any assignee or subcontractor as Atlantic is for its own acts and omissions under this Agreement and that no such assignment or subcontract will increase the compensation payable by the respective successors and assigns Trust to Atlantic under this Agreement for the Services. Notwithstanding the foregoing, Atlantic shall not be liable for the acts or omissions of (i) any Non-Discretionary Subcontractors or (ii) any assignee provided that the parties heretoTrust has consented to such assignment.

EFFECTIVENESS, DURATION, TERMINATION AND ASSIGNMENT. (a) This Agreement shall become effective with respect to each Fund on the date hereof or, with respect to additional series of the Trust to which this agreement shall apply by amendment of Appendix A, upon the date of such amendment. Upon effectiveness of this Agreement, it shall supersede all previous agreements between the parties hereto covering the subject matter hereof 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 for a period of one year from its effectiveness and shall continue in effect for successive one year periods; provided, however, that continuance is specifically approved at least annually (iI) by the Board or by a vote of a majority of the outstanding voting securities of the Fund and (ii) by a vote of a majority of Trustees of the Trust who are not parties to this agreement or interested persons of any such party (other than as Trustees of the Trust); provided further, however, that if the continuation of this agreement is not approved as to a Fund, Forum may continue to render to the Fund the services described herein in the manner and to the extent permitted by the Act and the rules and regulations thereunder. (c) This Agreement may be terminated with respect to a Fund at any time, without the payment of any penalty, (iI) by the Board on 60 days' written notice to Forum or (ii) by Forum on 60 days' written notice to the Trust. (d) This Agreement and the rights and duties under this Agreement otherwise shall not be assignable by either Forum or the 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.