Common use of EXCLUSIVE INVESTMENT ADVICE Clause in Contracts

EXCLUSIVE INVESTMENT ADVICE. Except as provided in Subsection (b) of this Section 3 or as otherwise agreed to in writing by the Adviser, during the term of this Agreement, as provided in Section 14 hereof, and for a period of two (2) years after the date the Subadviser gives notice to the Adviser of its intention to terminate this Agreement or six (6) months after the date the Adviser gives notice to the Subadviser of its intention to terminate this Agreement, the Subadviser (which for purposes of this Section 3 shall also include any successors to the Subadviser), and any person or entity controlled by, or under common control with, the Subadviser, shall not act as investment adviser or subadviser, or otherwise render investment advice to, or sponsor, promote or distribute, any investment company or comparable entity registered under the Investment Company Act or other investment fund consisting of more than 100 investors that is offered publicly but is not subject to the registration requirements of the Investment Company Act that is substantially similar to the Fund.

EXCLUSIVE INVESTMENT ADVICE. Except as provided in Subsection (b) of this Section 3 or as otherwise agreed to in writing by the Adviser, during the term of this Agreement, as provided in Section 14 13 hereof, and for a period of two six (26) years months after the date the Subadviser gives notice to the Adviser of its intention to terminate this Agreement or six (6) months after the date the Adviser gives notice to the Subadviser of its intention to terminate this Agreement, the Subadviser (which for purposes of this Section 3 shall also include any successors to the Subadviser), and any person or entity controlled by, or under common control with, the Subadviser, shall not act as investment adviser or subadviser, or otherwise render investment advice to, or sponsor, promote or distribute, any investment company or comparable entity registered under the Investment Company Act or other U.S. investment fund consisting of more than 100 investors that is offered publicly but is not subject to the registration requirements of the Investment Company Act that is substantially similar to the Fund. For purposes hereof, BMC Fund, Inc., Strong Dividend Income Fund, and Wall Street Preferred Money Managers are not, as such accounts are presently operating and managed by the Subadviser, substantially similar to the Fund.

EXCLUSIVE INVESTMENT ADVICE. Except as provided in Subsection (b) of this Section 3 or as otherwise agreed to in writing by the Adviser, during the term of this Agreement, as provided in Section 14 13 hereof, and for a period of two six (26) years months after the date the Subadviser gives notice to the Adviser of its intention to terminate this Agreement or six (6) months after the date the Adviser gives notice to the Subadviser of its intention to terminate this Agreement, the Subadviser (which for purposes of this Section 3 shall also include any successors to the Subadviser), and any person or entity controlled by, or under common control with, the Subadviser, shall not act as investment adviser or subadviser, or otherwise render investment advice to, or sponsor, promote or distribute, any investment company or comparable entity registered under the Investment Company Act or other investment fund consisting of more than 100 investors that is offered publicly but is not subject to the registration requirements of the Investment Company Act that is substantially similar to the Fund. For purposes hereof, BMC Fund, Inc. and Wall Street Preferred Money Managers are not, as such accounts are presently operating and managed by the Subadviser, substantially similar to the Fund.

EXCLUSIVE INVESTMENT ADVICE. Except as provided in Subsection (b) of this Section 3 or as otherwise agreed to in writing by between the Adviserparties hereto, during the term of this Agreement, as provided in Section 14 hereof, and for a period of two (2) years after the date the Subadviser gives notice to the Adviser of its intention to terminate this Agreement or six (6) months after the date the Adviser gives notice to the Subadviser of its intention to terminate this Agreement, the Subadviser (which for purposes of this Section 3 shall also include any successors to the Subadviser), and any person or entity controlled by, or under common control with, the Subadviser, shall not act as investment adviser or subadviser, or otherwise render investment advice to, or sponsor, promote or distribute, any investment company or comparable entity registered under the Investment Company Act or other investment fund consisting of more than 100 investors that is offered publicly but is not subject to the registration requirements of the Investment Company Act that is substantially similar to the Fund. For purposes hereof, BMC Fund, Inc. and Wall Street Preferred Money Managers are not, as such accounts are presently operating and managed by the Subadviser, substantially similar to the Fund.

EXCLUSIVE INVESTMENT ADVICE. Except as provided in Subsection (b) of this Section 3 or as otherwise agreed to in writing by the Adviser, during the term of this Agreement, as provided in Section 14 hereof, and for a period of two (2) years after the date the Subadviser gives notice to the Adviser of its intention to terminate this Agreement or six (6) months after the date the Adviser gives notice to the Subadviser of its intention to terminate this Agreement, the Subadviser (which for purposes of this Section 3 shall also include any successors to the Subadviser), and any person or entity controlled by, or under common control with, the Subadviser, shall not act as investment adviser or subadviser, or otherwise render investment advice to, or sponsor, promote or distribute, any investment company or comparable entity registered under the Investment Company Act or other investment fund consisting of more than 100 investors that is offered publicly but is not subject to the registration requirements of the Investment Company Act that is substantially similar to the Fund (including the Fund). This provision shall not apply to the Subadviser's existing relationship with Smitx Xxxxxx xx provide investment advisory services to participants in the Smitx Xxxxxx Xxxuciary Services and SEC Programs or any similar relationships the Subadviser may in the future enter into.