Common use of Effectiveness of Agreement; Termination Clause in Contracts

Effectiveness of Agreement; Termination. a. Upon Schwxx'x xxxeptance of Schedule I, as amended from time to time, the effective date of this Agreement as to any Fund shall be the later of the date on which this Agreement is made or the date set forth opposite the name of the Fund on Schedule I. b. This Agreement may be terminated as to a Fund by any party (i) upon ninety (90) days' written notice to the other parties or (ii) upon such shorter notice as is required by law, order, or instruction by a court of competent jurisdiction or a regulatory body or self-regulatory organization with jurisdiction over the terminating party or (iii) immediately, effective on the day following the termination of any plan of distribution/shareholder servicing ("Rule 12b-1 Plan") adopted and maintained pursuant to Rule 12b-1 under the 1940 Act by any Fund that has 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 the Rule 12b-1 Plan. c. After the date of termination as to a Fund, Fund Parties will not be obligated to pay the Fee with respect to any shares of the Fund that are first held in Schwab customer accounts after the date of such termination. However, notwithstanding any such termination, Fund Parties will remain obligated to pay Schwab the Fee as to each share of the Fund that was considered in the calculation of the Fee as of the date of termination (a "Pre-Termination Share"), for so long as such Pre-Termination Share is held in any Schwab brokerage account and Schwab continues to perform substantially all of the Services as to such Pre-Termination Share. Further, for so long as Schwab continues to perform the Services as to any Pre-Termination Shares, this Agreement will otherwise remain in fall force and effect as to such Pre-Termination Shares. Fund Parties shall reimburse Schwab promptly for any reasonable expenses Schwab incurs in effecting any termination of this Agreement, including delivery to a Fund Party of any records, instruments, or documents reasonably requested by the Fund Party.

Appears in 1 contract

Samples: Services Agreement (One Group)

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Effectiveness of Agreement; Termination. a. Upon Schwxx'x xxxeptance of Schedule I, as amended from time to time, the This Agreement will become effective date of this Agreement as to any a Fund shall be as of the later of the date on which this Agreement is made or (i) the date set forth opposite the name of the Fund on Schedule I.below or (ii) such later date as Service Provider may, in its discretion, designate. b. This Agreement may be terminated as to a Fund by any party (i) upon ninety sixty (9060) days' written notice to the other parties party or (ii) upon such shorter notice as is required by law, order, or instruction by a court of competent jurisdiction or a regulatory body or self-regulatory organization with jurisdiction over the terminating party or (iii) immediately, effective on the day following the termination of any plan of distribution/shareholder servicing ("Rule 12b-1 Plan") adopted and maintained pursuant to Rule 12b-1 under the 1940 Act by any Fund that has 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 the Rule 12b-1 Planparty. c. After Upon the termination date of termination as to a for any Fund, Service Provider will no longer make the Fund Parties will not be obligated shares available for purchase by Clients through the Programs. Service Provider reserves the right to pay transfer the Fee with respect to any Fund shares of the Fund that are first held in Schwab customer accounts after Clients out of the date of such termination. However, notwithstanding Account. d. Notwithstanding any such termination, Fund Parties Affiliate will remain obligated to pay Schwab Service Provider the Fee as to each share of the Fund that was considered in the calculation of the Fee as of the date of termination termination, and as to each share of the Fund that results from reinvesting the dividends or capital gains distributed on such shares (each a "Pre-Termination Share"), for so long as such Pre-Termination Share is held in any Schwab brokerage account through the Programs, and Schwab Service Provider continues to perform substantially all of the Services as to such Pre-Termination Share. Further, for so long as Schwab Service Provider continues to perform the Services as to any Pre-Termination Shares, this Agreement will otherwise remain in fall full force and effect as to such Pre-Termination Shares. . e. In the event a Fund Parties merges or is subject to some other form of business reorganization such that shareholders of the Fund receive shares of an entity not covered by this Agreement (each share a “Reorganized Share”), each such Reorganized Share shall reimburse Schwab promptly be deemed to be a Pre-Termination Share, and Fund Affiliate shall remain obligated to pay Service Provider the Fee as to each Reorganized Share for any reasonable expenses Schwab incurs so long as such Reorganized Share is held in effecting any termination of the Account, unless such Reorganized Share is subject to a services agreement with Service Provider other than pursuant to this Agreement, including delivery to a Fund Party of any records, instruments, or documents reasonably requested by the Fund Party.

Appears in 1 contract

Samples: Mutual Fund Services Agreement (Boyar Value Fund Inc)

Effectiveness of Agreement; Termination. a. Upon Schwxx'x xxxeptance of Schedule I, as amended from time to time, the effective date of this Agreement as to any Fund shall be the later of the date on which this Agreement is made or the date set forth opposite the name of the Fund on Schedule I. b. This Agreement may be terminated as to a Fund by any party (i) upon ninety (90) days' written notice to the other parties or (ii) upon such shorter notice as is required by law, order, or instruction by a court of competent jurisdiction or a regulatory body or self-regulatory organization with jurisdiction over the terminating party or (iii) immediately, effective on the day following the termination of any plan of distribution/shareholder servicing ("Rule 12b-1 Plan") adopted and maintained pursuant to Rule 12b-1 under the 1940 Act by any Fund that has a Rule 12b- 1 12b-1 Plan in effect as of the effective date of this Agreement, provided that a portion of the Fee is paid pursuant to the Rule 12b-1 Plan. c. After the date of termination as to a Fund, Fund Parties will not be obligated to pay the Fee with respect to any shares of the Fund that are first held in Schwab customer accounts after the date of such termination. However, notwithstanding any such termination, Fund Parties will remain obligated to pay Schwab the Fee as to each share of the Fund that was considered in the calculation of the Fee as of the date of termination (a "Pre-Termination Share"), for so long as such Pre-Termination Share is held in any Schwab brokerage account and Schwab continues to perform substantially all of the Services as to such Pre-Termination Share. Further, for so long as Schwab continues to perform the Services as to any Pre-Termination Shares, this Agreement will otherwise remain in fall force and effect as to such Pre-Termination Shares. Fund Parties shall reimburse Schwab promptly for any reasonable expenses Schwab incurs in effecting any termination of this Agreement, including delivery to a Fund Party of any records, instruments, or documents reasonably requested by the Fund Party.

Appears in 1 contract

Samples: Services Agreement (One Group)

Effectiveness of Agreement; Termination. a. Upon Schwxx'x xxxeptance of Schedule I, as amended from time to time, the (a) This Agreement will become effective date of this Agreement as to any a Fund shall be the later as 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.Fund. b. (b) This Agreement may be terminated as to a Fund by any party Party (i) upon ninety (90) 60 days' written notice to the other parties Parties or (ii) upon such shorter notice as is required by law, order, or instruction by a court of competent jurisdiction or a regulatory body or self-regulatory organization with jurisdiction over the terminating party or (iii) immediately, effective on the day following the termination of any plan of distribution/shareholder servicing ("Rule 12b-1 Plan") adopted and maintained pursuant to Rule 12b-1 under the 1940 Act by any Fund that has 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 the Rule 12b-1 PlanParty. c. (c) After the date of termination as to a any Fund, Fund Parties will not be obligated to pay the Fee with respect to any shares of the Fund that are first held in Schwab customer accounts by Clients after the date of such termination. However, notwithstanding any such termination, Fund Parties Affiliate will remain obligated to pay Schwab Service Provider the Fee as to each share of the Fund that was considered in the calculation of the Fee as of the date of termination (a "Pre-Termination Share"), for so long as such Pre-Termination Share is held in any Schwab Service Provider brokerage account and Schwab Service Provider continues to perform substantially all of the Services as to such Pre-Termination Share. Further, for so long as Schwab Service Provider continues to perform the Services as to any Pre-Termination Shares, this Agreement will otherwise remain in fall full force and effect as to such Pre-Termination Shares. . (d) Fund Parties shall Affiliate will reimburse Schwab promptly Service Provider for any reasonable expenses Schwab incurs actually incurred by Service Provider in effecting any termination of this Agreement, including delivery to a if such termination is by Fund Party of any records, instruments, or documents reasonably requested by the Fund PartyParties.

Appears in 1 contract

Samples: Shareholder Services Agreement (Thompson Plumb Funds Inc)

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Effectiveness of Agreement; Termination. a. Upon Schwxx'x xxxeptance of Schedule I, as amended from time to time, the effective date of this Agreement as to any Fund shall be the later of the date on which this Agreement is made or the date set forth opposite the name of the Fund on Schedule I. b. This Agreement may be terminated as to a Fund by any party (i) upon ninety (90) days' written notice to the other parties or (ii) upon such shorter notice as is required by law, order, or instruction by a court of competent jurisdiction or a regulatory body or self-regulatory organization with jurisdiction over the terminating party or (iii) immediately, effective on the day following the termination of any plan of distribution/distribution/ shareholder servicing ("Rule 12b-1 Plan") adopted and maintained pursuant to Rule 12b-1 under the 1940 Act by any Fund that has a Rule 12b- 1 12b-1 Plan in effect as of the effective date of this Agreement, provided that a portion of the Fee is paid pursuant to the Rule 12b-1 Plan. c. After the date of termination as to a Fund, Fund Parties will not be obligated to pay the Fee with respect to any shares of the Fund that are first held in Schwab customer accounts after the date of such termination. However, notwithstanding any such termination, Fund Parties will remain obligated to pay Schwab the Fee as to each share of the Fund that was considered in the calculation of the Fee as of the date of termination (a "Pre-Termination Share"), for so long as such Pre-Termination Share is held in any Schwab brokerage account and Schwab continues to perform substantially all of the Services as to such Pre-Termination Share. Further, for so long as Schwab continues to perform the Services as to any Pre-Termination Shares, this Agreement will otherwise remain in fall full force and effect as to such Pre-Termination Shares. Fund Parties shall reimburse Schwab promptly for any reasonable expenses Schwab incurs in effecting any termination of this Agreement, including delivery to a Fund Party of any records, instruments, or documents reasonably requested by the Fund Party.

Appears in 1 contract

Samples: Services Agreement (Thompson Unger & Plumb Funds Inc)

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