Common use of EFFECTIVENESS, TERMINATION, AND AMENDMENT OF AGREEMENT Clause in Contracts

EFFECTIVENESS, TERMINATION, AND AMENDMENT OF AGREEMENT. (a) This Agreement shall become effective on the date set forth below and may be terminated at any time by any party upon sixty (60) days’ prior written notice to the other parties, and may be terminated earlier by the Fund, the Participant or the Distributor at any time in the event of a material breach by another party of any provision of this Agreement. This Agreement may be terminated immediately by a party at such time as the Fund, the Distributor or the Participant becomes insolvent or becomes the subject of a bankruptcy proceeding or winding up. (b) No party may assign its rights or obligations under this Agreement (in whole or in part) without the prior written consent of the other party, which shall not be unreasonably withheld; provided, that, a party may assign its rights under this Agreement to an affiliate with prior written notice to the other parties hereto. This Agreement and all provisions hereof shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. (c) This Agreement may not be amended except by a writing signed by all the parties hereto; provided, however, that (i) if an amendment to the Agreement is required in order to conform the Agreement to applicable law (including, without limitation, a change to the rule on which the Fund relies to operate as an exchange-traded fund), then the Distributor shall provide the other parties with prompt notice of such amendment, and the next Creation Unit created by the Participant shall be deemed to constitute the Participant’s acceptance of such amendment; and (ii) any amendments to Annex I or Exhibit A to add or remove a Fund will be deemed effective once the Distributor provides notice to the Participant of such change via any acceptable methods, including electronic mail, in accordance with Section 19 of this Agreement. This Agreement is intended to, and shall apply to, each of the current and future Funds, such that no amendment shall be required in the event of a creation or termination of Funds, provided, however, that the Distributor shall provide notice to the Participant of such creation or termination of Funds.

EFFECTIVENESS, TERMINATION, AND AMENDMENT OF AGREEMENT. (a) This Agreement shall become effective on the date set forth below and may be terminated at any time by any party upon sixty ninety (6090) days’ prior written notice to the other parties, and may be terminated earlier by the FundTrust, the Participant or the Distributor at any time in the event of a material breach by another party of any provision of this Agreement. This Agreement may be terminated immediately by a party at such time as the FundTrust, the Distributor or the Participant becomes insolvent or becomes the subject of a bankruptcy proceeding or winding up. (b) No party may assign its rights or obligations under this Agreement (in whole or in part) without the prior written consent of the other partyparties, which shall not be unreasonably withheld; provided, that, a party may assign its rights under this Agreement to an affiliate with prior written notice to the other parties hereto. This Agreement and all provisions hereof shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. (c) This Agreement may not be amended except by a writing signed by all the parties hereto; provided, however, that (i) if an amendment to the Agreement is required in order to conform the Agreement to applicable law (including, without limitation, a change to the exemptive relief and/or adoption of a rule on which the Fund Trust relies to operate as an exchange-traded fund), then the Distributor shall provide the other parties with prompt notice of such amendment, and the next Creation Unit created by the Participant shall be deemed to constitute the Participant’s acceptance of such amendment; and (ii) any amendments to Annex I or Exhibit A to add or remove a Fund will be deemed effective once the Distributor provides notice to the Participant of such change via any acceptable methods, including electronic mail, in accordance with Section 19 of this Agreement. This Agreement is intended to, and shall apply to, each of the current and future FundsFunds of the Trust, such that no amendment shall be required in the event of a creation that the Trust creates new Funds or termination of terminates existing Funds, provided, however, that the Distributor notice shall provide notice be provided to the Participant of such creation or termination of Funds.

EFFECTIVENESS, TERMINATION, AND AMENDMENT OF AGREEMENT. (a) This Agreement shall become effective on the date set forth below and may be terminated at any time by any party upon sixty (60) days’ prior written notice to the other parties, and may be terminated earlier by the FundTrust, the Participant or the Distributor at any time in the event of a material breach by another party of any provision of this Agreement. This Agreement may be terminated immediately by a party at such time as the FundTrust, the Distributor or the Participant becomes insolvent or becomes the subject of a bankruptcy proceeding or winding up. (b) No party may assign its rights or obligations under this Agreement (in whole or in part) without the prior written consent of the other party, which shall not be unreasonably withheld; provided, that, a party may assign its rights under this Agreement to an affiliate with prior written notice to the other parties hereto. This Agreement and all provisions hereof shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. (c) This Agreement may not be amended except by a writing signed by all the parties hereto; provided, however, that (i) if an amendment to the Agreement is required in order to conform the Agreement to applicable law (including, without limitation, a change to the exemptive relief and/or adoption of a rule on which the Fund Trust relies to operate as an exchange-traded fund), then the Distributor shall provide the other parties with prompt notice of such amendment, and the next Creation Unit created by the Participant shall be deemed to constitute the Participant’s acceptance of such amendment; and (ii) any amendments to Annex I or Exhibit A to add or remove a Fund will be deemed effective once the Distributor provides notice to the Participant of such change via any acceptable methods, including electronic mail, in accordance with Section 19 of this Agreement. This Agreement is intended to, and shall apply to, each of the current and future FundsFunds of the Trust, such that no amendment shall be required in the event of a creation that the Trust creates new Funds or termination of terminates existing Funds, provided, however, that the Distributor notice shall provide notice be provided to the Participant of such creation or termination of Funds.

EFFECTIVENESS, TERMINATION, AND AMENDMENT OF AGREEMENT. (a) This Agreement shall become effective on the date set forth below and may be terminated at any time by any party upon sixty (60) days’ prior written notice to the other parties, and may be terminated earlier by the FundTrust, the Participant or the Distributor at any time in the event of a material breach by another party of any provision of this Agreement. This Agreement may be terminated immediately by a party at such time as the FundTrust, the Distributor or the Participant becomes insolvent or becomes the subject of a bankruptcy proceeding or winding up. (b) No party may assign its rights or obligations under this Agreement (in whole or in part) without the prior written consent of the other party, which shall not be unreasonably withheld; provided, that, a party may assign its rights under this Agreement to an affiliate with prior written notice to the other parties hereto. This Agreement and all provisions hereof shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. (c) This Agreement may not be amended except by a writing signed by all the parties hereto; provided, however, that (i) if an amendment to the Agreement is required in order to conform the Agreement to applicable law (including, without limitation, a change to the exemptive relief and/or adoption of a rule on which the Fund Trust relies to operate as an exchange-traded fund), then the Distributor shall provide the other parties with prompt notice of such amendment, and the next Creation Unit created by the Participant shall be deemed to constitute the Participant’s acceptance of such amendment; and (ii) any amendments to Annex I or Exhibit A to add or remove a Fund will be deemed effective once the Distributor provides notice to the Participant of such change via any acceptable methods, including electronic mail, in accordance with Section 19 of this Agreement. This Agreement is intended to, and shall apply to, each of the current and future FundsFunds of the Trust, such that no amendment shall be required in the event of a creation that the Trust creates new Funds or termination of terminates existing Funds, provided, however, that the Distributor notice shall provide notice be provided to the Participant of such creation or termination of Funds.

EFFECTIVENESS, TERMINATION, AND AMENDMENT OF AGREEMENT. (a) This Agreement shall become effective on the date set forth below and may be terminated at any time by any party upon sixty (60) days’ prior written notice to the other parties, and may be terminated earlier by the FundTrust, the Participant or the Distributor at any time in the event of a material breach by another party of any provision of this Agreement. This Agreement may be terminated immediately by a party at such time as the FundTrust, the Distributor or the Participant becomes insolvent or becomes the subject of a bankruptcy proceeding or winding up. (b) No party may assign its rights or obligations under this Agreement (in whole or in part) without the prior written consent of the other party, which shall not be unreasonably withheld; provided, that, a party may assign its rights under this Agreement to an affiliate with prior written notice to the other parties hereto. This Agreement and all provisions hereof shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. (c) This Agreement Agreement, including attachments, may not be amended except by a writing signed by all the parties hereto; provided, however, that or modified: (i) if by a written document signed by an authorized representative of each party; or (ii) by the Distributor from time to time without the consent of any Participant or Beneficial Owner by the following procedure: the Distributor will mail a copy of the amendment to the Agreement is required Participant and if the Participant does not object in order to conform the Agreement to applicable law (including, without limitation, a change writing to the rule on which the Fund relies to operate as an exchange-traded fund)amendment within ten (10) days after its receipt, then the Distributor shall provide the other parties with prompt notice of such amendment, and the next Creation Unit created by the Participant shall it will be deemed to constitute the Participant’s acceptance of such amendment; and (ii) any amendments to Annex I or Exhibit A to add or remove a Fund will be deemed effective once the Distributor provides notice to the Participant amendment as part of such change via any acceptable methods, including electronic mail, this Agreement in accordance with Section 19 of this Agreementits terms. This Agreement is intended to, and shall apply to, each of the current and future FundsFunds of the Trust, such that no amendment shall be required in the event of a creation that the Trust creates new Funds or termination of terminates existing Funds, provided, however, that the Distributor shall provide notice to the Participant of such creation or termination of Funds.

EFFECTIVENESS, TERMINATION, AND AMENDMENT OF AGREEMENT. (a) This Agreement shall become effective on immediately after execution and delivery to the date set forth below and Distributor upon notice by the Distributor to the Participant, unless earlier agreed to by the parties. (b) This Agreement may be terminated at any time by any party upon sixty (60) calendar days’ prior written notice to the other parties, and may be terminated earlier by the FundParticipant, the Participant Funds or the Distributor at any time in the event of a material breach by the another party of any provision of this Agreement or the procedures described or incorporated herein. This Agreement will be binding on each party’s successors and assigns, but the parties agree that neither party can assign its rights and obligations under this Agreement without the prior written consent of the other party (which consent not to be unreasonably withheld or delayed), except that any entity into which a party hereto may be merged or converted or with which it may be consolidated or any entity resulting from any merger, conversion or consolidation to which such party hereunder shall be a party or any entity succeeding to all or substantially all of the business of the party, shall be successor of the party under this Agreement. This Agreement may be terminated immediately by a party at such time as the FundTrust, the Distributor or the Participant becomes insolvent or becomes the subject of a bankruptcy proceeding or winding up. (b) No party may assign its rights or obligations under this Agreement (in whole or in part) without the prior written consent of the other party, which shall not be unreasonably withheld; provided, that, a party may assign its rights under this Agreement to an affiliate with prior written notice to the other parties hereto. This Agreement and all provisions hereof shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. (c) This Agreement may not be amended except by the Distributor from time to time only by a writing signed written instrument executed by all of the parties hereto; providedparties. Notwithstanding the foregoing, howeveramendments to this Agreement, that (i) if an amendment including amendments to the Agreement is required procedures stated in order to conform the Agreement to applicable law (includingProspectus or the AP Handbook which are incorporated herein by reference, without limitation, a change to the rule on which the Fund relies to operate as an exchange-traded fund), then the Distributor shall provide the other parties with prompt notice of such amendment, and the next Creation Unit created by the Participant shall can be deemed to constitute the Participant’s acceptance of such amendment; and (ii) any amendments to Annex I or Exhibit A to add or remove a Fund will be deemed effective once the Distributor provides made upon reasonable notice to the Participant by the Trust and Distributor, respectively as follows: the Distributor will deliver a copy of such change via any acceptable methods, including electronic mail, the amendment to the Participant and the Index Receipt Agent in accordance with Section 19 17 above. If the Participant does not object in writing to the amendment within ten (10) calendar days after its receipt, the amendment will become part of this AgreementAgreement in accordance with its terms. This If an objection is received within ten (10) calendar days, then the parties shall work in good faith to resolve the disagreement and, failing that, the Participant may terminate this Agreement is intended toimmediately upon written notice to the Distributor and the Trust. Notwithstanding the foregoing, the Distributor may amend Annex I to update the list of Funds, and shall apply to, each of the current and future Funds, such that no amendment shall be required in the event of a creation or termination of Funds, provided, however, that the Distributor shall provide notice to effective upon receipt by the Participant of such creation or termination of Fundsand Index Receipt Agent.