Common use of EXCLUSIONS FROM SERVICE Clause in Contracts

EXCLUSIONS FROM SERVICE. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include and Manager will not be responsible for any of the following: (1) all brokers' commissions, issue and transfer taxes, and other costs chargeable to the Fund or the Portfolio in connection with securities transactions to which the Fund or the Portfolio is a party or in connection with securities owned by the Fund or the Portfolio; (2) the interest on indebtedness, if any, incurred by the Fund or the Portfolio; (3) the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund or the Portfolio to federal, state, county, city, or other governmental agents; (4) the expenses, including fees and disbursements of counsel, in connection with litigation by or against the Fund or the Portfolio; and (5) any other extraordinary expense of the Fund or Portfolio.

Appears in 9 contracts

Samples: Operating Services Agreement (Declaration Fund), Operating Services Agreement (Electric City Funds Inc), Operating Services Agreement (Declaration Fund)

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EXCLUSIONS FROM SERVICE. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include and Manager will not be responsible for any of the following: (1) : all brokers' commissions, issue and transfer taxes, and other costs chargeable to the Fund or the Portfolio in connection with securities transactions to which the Fund or the Portfolio is a party or in connection with securities owned by the Fund or the Portfolio; (2) the interest on indebtedness, if any, incurred by the Fund or the Portfolio; (3) ; the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund or the Portfolio to federal, state, county, city, or other governmental agents; (4) ; the expenses, including fees and disbursements of counsel, in connection with litigation by or against the Fund or the Portfolio; and (5) and any other extraordinary expense of the Fund or Portfolio.

Appears in 2 contracts

Samples: Operating Services Agreement (Hughes Funds Inc), Operating Services Agreement (Hughes Funds Inc)

EXCLUSIONS FROM SERVICE. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include and Manager Adviser will not be responsible for any of the following: (1) all brokers' commissions, issue and transfer taxes, and other costs chargeable to the Fund Company or the Portfolio Fund in connection with securities transactions to which the Fund Company or the Portfolio Fund is a party or in connection with securities owned by the Fund Company or the PortfolioFund; (2) the interest on indebtedness, if any, incurred by the Fund Company or the PortfolioFund; (3) the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund Company or the Portfolio Fund to federal, state, county, city, or other governmental agents; (4) the expenses, including fees and disbursements of counsel, in connection with litigation by or against the Fund Company or the PortfolioFund; and (5) any other extraordinary expense of the Fund Company or PortfolioFund.

Appears in 2 contracts

Samples: Operating Services Agreement (WorldCommodity Funds, Inc.), Operating Services Agreement (WorldCommodity Funds, Inc.)

EXCLUSIONS FROM SERVICE. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include and Manager will not be responsible for any of the following: (1) all All brokers' ’ commissions, issue and transfer taxes, and other costs chargeable to the Fund or the Portfolio in connection with securities transactions to which the Fund fund or the Portfolio is a party or in connection with securities owned by the Fund or the Portfolio; (2) the The interest on of indebtedness, if any, incurred by the Fund or the Portfolio; (3) the The taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund or the Portfolio to federal, state, county, city, or other governmental agents; (4) the The expenses, including fees and disbursements of counsel, in connection with litigation by or against the Fund or the Portfolio; and (5) any Any other extraordinary expense of the Fund or Portfolio.

Appears in 1 contract

Samples: Operating Services Agreement (Electric City Funds Inc)

EXCLUSIONS FROM SERVICE. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include and Manager will not be responsible for any of the following: (1) all brokers' commissions, issue and transfer taxes, and other costs chargeable to the Fund or the Portfolio in connection with securities transactions to which the Fund or the Portfolio is a party or in connection with securities owned by the Fund or the Portfolio; (2) the interest on indebtedness, if any, incurred by the Fund or the Portfolio; (3) the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund or the Portfolio to federal, state, county, city, or other governmental agents; (4) the expenses, including fees and disbursements of counsel, in connection with litigation by or against legal services rendered to the Fund or the Portfolio; (5) Registration fees under state "Blue Sky" Laws and premiums for fidelity bond and other insurance policies procured by the Fund; and (56) any other extraordinary expense of the Fund or Portfolio.

Appears in 1 contract

Samples: Management Services Agreement (Magi Funds Inc)

EXCLUSIONS FROM SERVICE. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include and Manager will not be responsible for any of the following: (1) all brokers' commissions, issue and transfer taxes, and other costs chargeable to the Fund or the Portfolio in connection with securities transactions to which the Fund or the Portfolio is a party or in connection with securities owned by the Fund or the Portfolio; (2) the interest on indebtedness, if any, incurred by the Fund or the Portfolio;; <PAGE> (3) the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund or the Portfolio to federal, state, county, city, or other governmental agents; (4) the expenses, including fees and disbursements of counsel, in connection with litigation by or against the Fund or the Portfolio; and (5) any other extraordinary expense of the Fund or Portfolio.

Appears in 1 contract

Samples: Operating Services Agreement (Retirement Income Trust)

EXCLUSIONS FROM SERVICE. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include include, and Manager will not be responsible for for, any of the following: (1) all brokers' commissions, issue and transfer taxes, and other costs chargeable to the Fund or the any Portfolio in connection with securities transactions to which the Fund or the Portfolio is a party or in connection with securities owned by the Fund or the any Portfolio; (2) the interest on indebtedness, if any, incurred by the Fund or the any Portfolio; (3) the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund or the any Portfolio to federal, state, county, city, or other governmental agents; (4) the expenses, including fees and disbursements of counsel, in connection with litigation by or against the Fund or the any Portfolio; and (5) any other extraordinary expense of the Fund or any Portfolio.

Appears in 1 contract

Samples: Operating Services Agreement (Amidex Funds Inc)

EXCLUSIONS FROM SERVICE. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include and Manager Adviser will not be responsible for any of the following: (1) all brokers' commissions, issue and transfer taxes, and other costs chargeable to the Fund or the Portfolio in connection with securities transactions to which the Fund or the Portfolio is a party or in connection with securities owned by the Fund or the Portfolio; (2) the interest on indebtedness, if any, incurred by the Fund or the Portfolio; (3) the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund or the Portfolio to federal, state, county, city, or other governmental agents; (4) the expenses, including fees and disbursements of counsel, in connection with litigation by or against the Fund or the Portfolio; and (5) any other extraordinary expense of the Fund or Portfolio.

Appears in 1 contract

Samples: Operating Services Agreement (Meehan Mutual Funds Inc)

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EXCLUSIONS FROM SERVICE. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include include, and Manager will not be responsible for for, any of the following: (1) all brokers' commissions, issue and transfer taxes, and other costs chargeable to the Fund or the Portfolio in connection with securities transactions to which the Fund or the Portfolio is a party or in connection with securities owned by the Fund or the Portfolio; (2) the interest on indebtedness, if any, incurred by the Fund or the Portfolio; (3) the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund or the Portfolio to federal, state, county, city, or other governmental agents; (4) the expenses, including fees and disbursements of counsel, in connection with litigation by or against the Fund or the Portfolio; and (5) any other extraordinary expense of the Fund or Portfolio.

Appears in 1 contract

Samples: Operating Services Agreement (Shepherd Street Funds Inc)

EXCLUSIONS FROM SERVICE. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include and Manager Questar will not be responsible for any of the following: (1) all brokers' commissions, issue and transfer taxes, and other costs chargeable to the Fund or the Portfolio in connection with securities transactions to which the Fund or the Portfolio is a party or in connection with securities owned by the Fund or the Portfolio; (2) the interest on indebtedness, if any, incurred by the Fund or the Portfolio; (3) the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund or the Portfolio to federal, state, county, city, or other governmental agents; (4) the expenses, including fees and disbursements of counsel, in connection with litigation by or against the Fund or the Portfolio; and (5) any other extraordinary expense of the Fund or Portfolio.

Appears in 1 contract

Samples: Operating Services Agreement (Avalon Fund of Ann Arbor Inc)

EXCLUSIONS FROM SERVICE. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include and Manager Advisor will not be responsible for any of the following: (1) all brokers' commissions, issue and transfer taxes, and other costs chargeable to the Fund or the Portfolio in connection with securities transactions to which the Fund or the Portfolio is a party or in connection with securities owned by the Fund or the Portfolio; (2) the interest on indebtedness, if any, incurred by the Fund or the Portfolio; (3) the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund or the Portfolio to federal, state, county, city, or other governmental agents; (4) the expenses, including fees and disbursements of counsel, in connection with litigation by or against the Fund or the Portfolio; (5) acquired fund fees and expenses; and (56) any other extraordinary expense of the Fund or Portfolio.

Appears in 1 contract

Samples: Operating Services Agreement (Meehan Mutual Funds Inc)

EXCLUSIONS FROM SERVICE. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include and Manager will not be responsible for any of the following: (1) all brokers' commissions, issue and transfer taxes, and other costs chargeable to the Fund or the Portfolio Portfolios in connection with securities transactions to which the Fund or the any Portfolio is a party or in connection with securities owned by the Fund or the PortfolioPortfolio(s); (2) the interest on indebtedness, if any, incurred by the Fund or the any Portfolio; (3) the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund or the any Portfolio to federal, state, county, city, or other governmental agents; (4) the expenses, including fees and disbursements of counsel, in connection with litigation by or against the Fund or the any Portfolio; and (5) any other extraordinary expense of the Fund or any Portfolio.

Appears in 1 contract

Samples: Operating Services Agreement (1-800 Mutual Funds Inc)

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