Common use of EXCLUSIVE INVESTMENT ADVISE Clause in Contracts

EXCLUSIVE INVESTMENT ADVISE. 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 ADVISE. Except as provided in Subsection (b) of this Section 3 or as otherwise agreed to in writing by the AdviserAdvisor, 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 Subadvisor gives notice to the Adviser Advisor of its intention to terminate this Agreement or six (6) months after the date the Adviser Advisor gives notice to the Subadviser Subadvisor of its intention to terminate this Agreement, the Subadviser Subadvisor (which for purposes of this Section 3 shall also include any successors to the SubadviserSubadvisor), and any person or entity controlled by, or under common control with, the SubadviserSubadvisor, shall not act as investment adviser advisor or subadvisersubadvisor, 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 ADVISE. 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 12 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 three (63) 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 controlling, 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 (i.e., the Fund's investment objectives, policies, and techniques are substantially similar).