Common use of Entire Agreement; Modification; Amendment Clause in Contracts

Entire Agreement; Modification; Amendment. This Agreement constitutes the entire agreement of the parties with respect to its subject matter and amends and restates the Original Agreement. Each provision herein shall be treated as separate and independent from any other provision or agreement herein and shall be enforceable notwithstanding the enforceability of any such other provision or agreement. In addition, each provision herein shall be treated as separate and independent with respect to each Fund and shall be treated as separate and independent from such provision or agreement with respect to the other Fund. No modification or amendment of this Agreement shall be binding unless it is made in writing and executed by both the Trust, on behalf of the Funds, and the Adviser. * * * * *

Entire Agreement; Modification; Amendment. This Agreement constitutes the entire agreement of the parties with respect to its subject matter and amends and restates the Original Agreementmatter. Each provision herein shall be treated as separate and independent from any other provision or agreement herein and shall be enforceable notwithstanding the enforceability of any such other provision or agreement. In addition, each provision herein shall be treated as separate and independent with respect to each Fund and shall be treated as separate and independent from such provision or agreement with respect to the other Fund. No modification or amendment of this Agreement shall be binding unless it is made in writing and executed by both the Trust, on behalf of the Funds, and the Adviser. * * * * *