Common use of Effectiveness of Agreement; Termination Clause in Contracts

Effectiveness of Agreement; Termination. a. This Agreement will become effective as to a Fund as of: (i) the date set forth on Schedule I opposite the name of the Fund; or (ii) such later date as Bear Sterxx xxx, in its discretion, designate. b. This Agreement shall have an initial term of one (1) year and shall automatically renew for successive one year terms thereafter. After the initial two year term it may be terminated, as to one or more Funds (as reflected in Schedule 1), by either party (i) upon sixty (60) days' written notice to the other parties; (ii) upon such shorter notice as is required by law, order or instruction from a court of competent jurisdiction, regulatory body, or self-regulatory organization with jurisdiction over the terminating party; (iii) automatically, effective on the day following termination of any shareholder servicing plan or rule l2b-1 distribution plan adopted and maintained pursuant to Rule l2b-1 under the 1940 Act by any Fund that has such a Plan in effect as of the effective date of this Agreement, provided that a portion of the Fee is paid pursuant to such Plan; or (iv) terminate by vote, of Board or majority of shareholders. Notwithstanding anything to the contrary contained in Paragraph 20 (b) of the Agreement, this Agreement will terminate automatically with respect to the Fund Affiliate in the event that the Fund Affiliate ceases to serve as principal underwriter or distributor of the Funds. c. Upon termination as to a Fund, Fund Parties will not be obligated to pay the fee with respect to any Program Shares of the Fund that become part of an Investor's account maintained by Bear Sterxx xx its capacity as a clearing broker after the date of such termination. However, notwithstanding any such termination, the Fund Party will remain obligated to pay fees as to each share of such Fund that was considered when calculating the fee as of the date or termination (a "Pre-Termination Share"), for so long as (i) such Pre-Termination Share is held in any Authorized Correspondent brokerage account and Such Authorized Correspondent continues to perform the services and otherwise complies with this Agreement as to such shares, and (ii) it is legal for the Fund Party to do so. The Fund Party shall reimburse Bear Sterxx xxxmptly for any reasonable expenses that Bear Steaxxx xx an Authorized Correspondent incurs in effecting any termination of this Agreement, including, but not limited to, delivery to the Fund Party of any records, instruments, or documents reasonably requested by the Fund Party. Notwithstanding anything to the contrary contained in Paragraph 20 (c) of the Agreement, payment obligations with respect to Pre-Termination Shares will cease in the event the Fund Affiliate ceases to serve as principal underwriter or distributor for the Funds.

Effectiveness of Agreement; Termination. a. This Agreement will become effective as to a Fund as of: (i) the date set forth on Schedule I opposite the name of the Fund; or (ii) such later date as Bear Sterxx xxxXxxxxxx may, in its discretion, designate. b. This Agreement shall have an initial term of one (1) year and shall automatically renew for successive one year terms thereafter. After the initial two year term it may be terminated, as to one or more Funds (as reflected in Schedule 1), by either party (i) upon sixty (60) days' written notice to the other parties; (ii) upon such shorter notice as is required by law, order or instruction from a court of competent jurisdiction, regulatory body, or self-regulatory organization with jurisdiction over the terminating party; (iii) automatically, effective on the day following termination of any shareholder servicing plan or rule l2b-1 distribution plan adopted and maintained pursuant to Rule l2b-1 under the 1940 Act by any Fund that has such a Plan in effect as of the effective date of this Agreement, provided that a portion of the Fee is paid pursuant to such Plan; or (iv) terminate by vote, of Board or majority of shareholders. Notwithstanding anything to the contrary contained in Paragraph 20 (b) of the Agreement, this Agreement will terminate automatically with respect to the Fund Affiliate in the event that the Fund Affiliate ceases to serve as principal underwriter or distributor of the Funds. c. Upon termination as to a Fund, Fund Parties will not be obligated to pay the fee with respect to any Program Shares of the Fund that become part of an Investor's account maintained by Bear Sterxx xx Xxxxxxx in its capacity as a clearing broker after the date of such termination. However, notwithstanding any such termination, the Fund Party will remain obligated to pay fees as to each share of such Fund that was considered when calculating the fee as of the date or termination (a "Pre-Termination Share"), for so long as (i) such Pre-Termination Share is held in any Authorized Correspondent brokerage account and Such Authorized Correspondent continues to perform the services and otherwise complies with this Agreement as to such shares, and (ii) it is legal for the Fund Party to do so. The Fund Party shall reimburse Bear Sterxx xxxmptly Xxxxxxx promptly for any reasonable expenses that Bear Steaxxx xx Xxxxxxx or an Authorized Correspondent incurs in effecting any termination of this Agreement, including, but not limited to, delivery to the Fund Party of any records, instruments, or documents reasonably requested by the Fund Party. Notwithstanding anything to the contrary contained in Paragraph 20 (c) of the Agreement, payment obligations with respect to Pre-Termination Shares will cease in the event the Fund Affiliate ceases to serve as principal underwriter or distributor for the Funds.

Effectiveness of Agreement; Termination. a. This Agreement will become effective as to a Fund Portfolio as of: (i) the date set forth on Schedule I opposite the name of the FundPortfolio; or (ii) such later date as Bear Sterxx xxxPershing may, in its discretion, designate. b. This Agreement shall have an initial term of one (1) year and shall automatically renew for successive one year terms thereafter. After the initial two year term after which it may be terminated, as to one or more Funds Portfolios (as reflected in Schedule 1I), by either party (i) upon sixty ninety (6090) days' days written notice to the other parties; or (ii) upon such shorter notice as is required by law, order order, or instruction from a court of competent jurisdiction, regulatory body, or self-regulatory organization with jurisdiction over the terminating party; or (iii) automatically, effective on the day following termination of any shareholder servicing plan or rule l2b-1 of distribution plan ("Rule 12b-1 Plan") adopted and maintained pursuant to Rule l2b-1 12b-1 under the 1940 Act by any Fund fund that has such a Rule 12b-1 Plan in effect as of the effective date of this Agreement, provided that a portion of the Fee is paid pursuant to such the Rule 12b-1 Plan; or (iv) terminate by vote, of Board or majority of shareholders. Notwithstanding anything to the contrary contained in Paragraph 20 (b) of the Agreement, this Agreement will terminate automatically with respect to the Fund Affiliate in the event that the Fund Affiliate ceases to serve as principal underwriter or distributor of the Funds. c. Upon termination as to a FundPortfolio, Fund Parties DIA will not be obligated to pay the fee with respect to any Program Shares shares of the Fund Portfolio that become part of an Investor's a Pershing Client/Shareholders account maintained by Bear Sterxx xx its capacity as a clearing broker or the annual maintenance fee after the date of such termination. However, notwithstanding any such termination, the Fund Party DIA will remain obligated to pay fees Pershing the fee as to each share of such Fund Portfolio that was considered when calculating the fee as of the date or of termination (a "Pre-Termination Share"), for so long as (i) such Pre-Termination Share is held in any Authorized Correspondent Pershing brokerage account and Such Authorized Pershing or Participating Correspondent continues to perform the services and otherwise complies with this Agreement Services as to such shares. If DIA ceases to act as sponsor, investment advisor, administrator, or other service provider to the Portfolios, then its obligations to make payments under the Section 2a and (ii) Schedule IV after termination of this Agreement as provided in this Section 16 shall immediately cease upon provision of 30 days prior written notice to Pershing, provided that DIA's payment obligations shall continue by the successor sponsor, investment advisor, or other service provider appointed by the Portfolios. Pershing agrees that in the event of termination of this Agreement as provided in Section 16b, it is legal for shall provide DIA with such reports and certificates as DIA may reasonably request as necessary to determine that the Fund Party to do socontinued payments of fees has been calculated in accordance with this Agreement. The Fund Party DIA shall reimburse Bear Sterxx xxxmptly Pershing promptly for any reasonable expenses that Bear Steaxxx xx an Authorized Correspondent Pershing incurs in effecting any termination of this Agreement, including, but not limited to, delivery to the Fund Party of any records, instruments, or documents reasonably requested by the Fund Party. Notwithstanding anything to the contrary contained in Paragraph 20 (c) of the Agreement, payment obligations with respect to Pre-Termination Shares will cease in the event the Fund Affiliate ceases to serve as principal underwriter or distributor for the FundsFund.

Effectiveness of Agreement; Termination. a. This The effective date of this Agreement will become effective as to a any Fund as of: (i) shall be the later of the date on which this Agreement is made or the date set forth on Schedule I opposite the name of the Fund on Schedule I. This Agreement shall continue in force for one year, and shall thereafter continue automatically for successive annual periods provided it is specifically approved at least annually by a vote of the Board of Directors/Trustees of each Fund; , and of the Directors/Trustees ("Disinterested Directors") who are not interested persons of the Funds and have no direct or indirect financial interest in the operation of each Funds' administration, shareholder services and distribution plan (iieach a "Rule 12b-1 Plan") such later date as Bear Sterxx xxx, in its discretion, designateor any agreement relating to the Rule 12b-1 Plan. b. This Agreement shall have an initial term of one (1) year and shall automatically renew for successive one year terms thereafter. After the initial two year term it may be terminated, terminated as to one or more Funds (as reflected in Schedule 1), by either party a Fund (i) by any party upon sixty ninety (6090) days' written notice to the other parties; parties or (ii) by any party upon such shorter notice as is required by law, order order, or instruction from by a court of competent jurisdiction, jurisdiction or a regulatory body, body or self-regulatory organization with jurisdiction over the such terminating party; party (iii) automaticallyby Fund Parties, effective on upon notice to Schwab of the day following termination of any shareholder servicing plan or rule l2b-1 distribution plan adopted and maintained pursuant Rule 12b-1 Plan as to Rule l2b-1 under the 1940 Act by any Fund that has had such a Rule 12b-1 Plan in effect as of the its effective date of on this Agreement, provided that a portion of the Fee is paid pursuant to such Plan; the Rule 12b-1 Plan or (iv) terminate at any time, without the payment of a penalty, by vote, vote of Board or a majority of shareholders. such Fund's Disinterested Directors or by vote of the outstanding voting securities of such Fund, upon 60 days notice. c. Notwithstanding anything any termination pursuant to the contrary contained in Paragraph 20 foregoing paragraph (b) of the Agreement), this Agreement will terminate automatically Fund Affiliate shall be liable for fees payable with respect to each share of the Fund Affiliate in the event that the purchased following such termination for a period of not less than 10 days following such termination if not paid by Fund Affiliate ceases to serve as principal underwriter or distributor of the Funds. c. Upon termination as to a FundCompany. Further, Fund Parties will not be obligated to pay the fee with respect to any Program Shares of the Fund that become part of an Investor's account maintained by Bear Sterxx xx its capacity as a clearing broker after the date of such termination. However, notwithstanding any such termination, the Fund Party will remain obligated to pay fees Schwab the Fee as to each share of such the Fund that was considered when calculating in the fee calculation of the Fee as of the date of termination, and as to each share of the Fund which results from reinvesting the dividends or termination capital gains distributed on such shares (each a "Pre-Termination Share"), for so long as (i) such Pre-Termination Share is held in any Authorized Correspondent brokerage account of the Account(s) (as defined in the Operating Agreement) and Such Authorized Correspondent Schwab continues to perform substantially all of the Services as to such Pre-Termination Share. Notwithstanding the foregoing, there shall not be any Minimum Fee (as referred to in Exhibit B) with respect to such Pre-Termination Shares. Further, for so long as Schwab continues to perform the services and otherwise complies with Services as to any Pre-Termination Shares, this Agreement will otherwise remain in full force and effect as to such shares, and (ii) it is legal for the Pre-Termination Shares. Fund Party to do so. The Fund Party Parties shall reimburse Bear Sterxx xxxmptly Schwab promptly for any reasonable expenses that Bear Steaxxx xx an Authorized Correspondent Schwab incurs in effecting any termination of this Agreement, including, but not limited to, including delivery to the a Fund Party of any records, instruments, or documents reasonably requested by the Fund Party. Notwithstanding anything . d. In the event a Fund merges or is subject to the contrary contained in Paragraph 20 (c) some other form of business reorganization such that shareholders of the AgreementFund receive shares of an entity not listed on Schedule I to this Agreement (each share a "Reorganized Share"), payment obligations with respect each such Reorganized Share shall be deemed to be a Pre-Termination Shares Share and Fund Parties will cease remain obligated to pay Schwab the Fee as to each Reorganized Share for so long as such Reorganized Share is held in the event the Fund Affiliate ceases any Schwab account, unless such Reorganized Share is subject to serve as principal underwriter or distributor for the Fundsa services agreement with Schwab other than this services agreement.

Effectiveness of Agreement; Termination. a. This Agreement will become effective as to a Fund as of: of (i) the date set forth on Schedule I opposite the name of the Fund; or (ii) such later date as Bear Sterxx xxxPershing may, in its discretion, designate. b. This Agreement shall have an initial term of one (1) year and shall automatically renew for successive one year terms thereafter. After the initial two year term after which it may be terminated, as to one or more Funds (as reflected in Schedule 1I), by either party (i) upon sixty (60) days' days written notice to the other parties; or (ii) upon such shorter notice as is required by law, order order, or instruction from a court of competent jurisdiction, regulatory body, or self-regulatory organization with jurisdiction over the terminating party; or (iii) automatically, effective on the day following termination of any shareholder servicing plan or rule l2b-1 of distribution plan ("Rule 12b-1 Plan") adopted and maintained pursuant to Rule l2b-1 12b-1 under the 1940 Act by any Fund fund that has such a Rule 12b-1 Plan in effect as of the effective date of this Agreement, provided that a portion of the Fee is paid pursuant to such Planthe Rule 12b-1 Plan to; or (iv) terminate by voteFund Agent's non-performance of responsibilities including, but not limited to, non-payment of Board or majority of shareholders. Notwithstanding anything to the contrary contained in Paragraph 20 (b) of the Agreement, this Agreement will terminate automatically with respect to the Fund Affiliate in the event that the Fund Affiliate ceases to serve as principal underwriter or distributor of the FundsFees. c. Upon termination as to a Fund, Fund Parties Agent will not be obligated to pay the fee Fee with respect to any Program Shares shares of the Fund that become part of an Investor's a Client/Shareholders account maintained by Bear Sterxx xx its capacity as a clearing broker after the date of such termination. However, notwithstanding any such termination, the Fund Party will remain obligated to pay fees Pershing the Fee as to each share of such Fund that was considered when calculating the fee Fee as of the date or of termination (a "Pre-Termination Share"), for so long as (i) such Pre-Termination Share is held in any Authorized Correspondent brokerage Client/Shareholders account and Such Authorized Pershing or Participating Correspondent continues to perform the services and otherwise complies with this Agreement Services as to such shares, and (ii) it is legal for the Fund Party to do so. The Fund Party shall reimburse Bear Sterxx xxxmptly for any reasonable expenses that Bear Steaxxx xx an Authorized Correspondent incurs in effecting any termination of this Agreement, including, but not limited to, delivery to the Fund Party of any records, instruments, or documents reasonably requested by the Fund Party. Notwithstanding anything to the contrary contained in Paragraph 20 (c) of the Agreement, payment obligations with respect to Pre-Termination Shares will cease in the event the Fund Affiliate ceases to serve as principal underwriter or distributor for the Funds.

Effectiveness of Agreement; Termination. a. This Agreement will become effective as to a Fund as of: (i) the date set forth on Schedule I opposite the name of the Fund; or (ii) such later date as Bear Sterxx xxxPershing may, in its discretion, designate. b. This Agreement shall have an initial term of one (1) year and shall automatically renew for successive one year terms thereafter. After the initial two year term after which it may be terminated, as to one or more Funds (as reflected in Schedule 1I), by either party (i) upon sixty one hundred twenty (60120) days' days written notice to the other parties; or (ii) upon such shorter notice as is required by law, order order, or instruction from a court of competent jurisdiction, regulatory body, or self-regulatory organization with jurisdiction over the terminating party; or (iii) automatically, effective on the day following termination of any shareholder servicing plan or rule l2b-1 of distribution plan ("Rule 12b-1 Plan") adopted and maintained pursuant to Rule l2b-1 12b-1 under the 1940 Act by any Fund fund that has such a Rule 12b-1 Plan in effect as of the effective date of this Agreement, provided that a portion of the Fee is paid pursuant to such the Rule 12b-1 Plan; or (iv) terminate by vote, of Board or majority of shareholders. Notwithstanding anything to the contrary contained in Paragraph 20 (b) of the Agreement, this Agreement will terminate automatically with respect to the Fund Affiliate in the event that the Fund Affiliate ceases to serve as principal underwriter or distributor of the Funds. c. Upon termination as to a Fund, Fund Parties will not be obligated to pay the fee with respect to any Program Shares shares of the Fund that become part of an Investor's a Pershing Client/Shareholders account maintained by Bear Sterxx xx its capacity as a clearing broker after the date of such termination. However, notwithstanding any such termination, the Fund Party will remain obligated to pay fees Pershing the fee as to each share of such Fund fund that was considered when calculating the fee as of the date or of termination (a "Pre-Termination Share"), for so long as (i) such Pre-Termination Share is held in any Authorized Correspondent Pershing brokerage account and Such Authorized Pershing or Participating Correspondent continues to perform the services and otherwise complies with this Agreement Services as to such shares, and (ii) it is legal for the Fund Party to do so. The Fund Party shall reimburse Bear Sterxx xxxmptly Pershing promptly for any reasonable expenses that Bear Steaxxx xx an Authorized Correspondent Pershing incurs in effecting any termination of this Agreement, including, but not limited to, delivery to the Fund Party of any records, instruments, or documents reasonably requested by the Fund Party. Notwithstanding anything to the contrary contained in Paragraph 20 (c) of the Agreement, payment obligations with respect to Pre-Termination Shares will cease in the event the Fund Affiliate ceases to serve as principal underwriter or distributor for the FundsFund.