FIFTEENTH. This Agreement may be terminated with respect to the Shares of any Portfolio, at any time, without the payment of any penalty, by vote of the Board of Trustees or Board of Directors of the Fund or by vote of a majority of the outstanding Shares of such Portfolio, or by the Distributor, on sixty (60) days' written notice to the other party; and
FIFTEENTH. Notice is hereby given that, as provided by applicable law, the obligations of or arising out of this Agreement are not binding upon any of the shareholders of the Company individually, but are binding only upon the assets and property of the Company and that the shareholders shall be entitled, to the fullest extent permitted by applicable law, to the same limitation on personal liability as stockholders of private corporations for profit.
FIFTEENTH. This Agreement shall be deemed to be a contract made in the State of Delaware and governed by, construed in accordance with and enforced pursuant to the internal laws of the State of Delaware without reference to its conflicts of laws rules.
FIFTEENTH. The Landlord may prescribe and regulate the placing of safes, machinery, quantities of merchandise and other things. The Landlord may also prescribe and regulate which elevator and entrances shall be used by the Tenant's employees, and for the Tenant's shipping. The Landlord may make such other and further rules and regulations as, in the Landlord's judgment, may from time to time be needful for the safety, care or cleanliness of the building, and for the preservation of good order therein. The Tenant and the employees and agents of the Tenant will observe and conform to all such rules and regulations.
FIFTEENTH. This Plan and Agreement, any amendment to this Plan and Agreement and any agreements related to this Plan and Agreement shall become effective immediately upon the receipt by the Company of both (a) the affirmative vote of a majority of the Board of Directors of the Company, and (b) the affirmative vote of a majority of the Independent Directors, cast in person at a meeting called for the purpose of voting on this Plan and Agreement or such agreements. Notwithstanding the foregoing, no such amendment that requires the approval of the shareholders of Class C Shares of a Company or Fund shall become effective as to such Class C Shares until such amendment has been approved by the shareholders of such Class C Shares in accordance with the provisions of the Fourteenth paragraph of this Plan and Agreement. This Plan and Agreement may not be amended to increase materially the amount of distribution expenses provided for in Schedule B hereof unless such amendment is approved in the manner provided herein, and no material amendment to the Plan and Agreement shall be made unless approved in the manner provided for in the Fourteenth paragraph hereof. So long as the Plan and Agreement remains in effect, the selection and nomination of persons to serve as Independent Directors of the Company shall be committed to the discretion of the Independent Directors of the Company then in office. However, nothing contained herein shall prevent the participation of other persons in the selection and nomination process, provided that a final decision on any such selection or nomination is within the discretion of, and approved by, a majority of the directors of the Company then in office who are not "interested persons" of the Company.
FIFTEENTH. This Agreement has been approved by the Directors of the Fund and shall become effective at the close of business on the date hereof. This Agreement shall continue in force and effect for successive annual periods, provided that such continuance is specifically approved at least annually (a) (i) by the Board of Directors of the Fund, or (ii) by vote of a majority of the Fund's outstanding voting securities (as defined in Section 2 (a) (42) of the Investment Company Act of 1940), and (b) by vote of majority of the Fund's Directors who are not interested persons (as defined in Section 2 (a) (19) of the Investment Company Act of 1940) of the Distributor by votes cast in person at a meeting called for such purposes.
FIFTEENTH. Lessee hereby waives and renounces for himself and family any and all homestead and exemption rights he may have now, or hereafter, under or by virtue of the constitution and laws of the State of Florida, or of any other State, or of the United States, as against the payment of said rental or any portion hereof, or any other obligation or damage that may accrue under the terms of this agreement.
FIFTEENTH. The Distributor may at any time or times in its discretion and at its own expense appoint (and may at any time remove) an agent or agents to carry out such of the provisions of Article NINTH herein as the Distributor may from time to time direct; PROVIDED, HOWEVER, that the appointment of any agent shall not relieve the Distributor of its responsibilities or liabilities hereunder.
FIFTEENTH. EXCHANGE RATE
FIFTEENTH. The Parties declare that the signing of this Agreement and the commitments undertaken herein are the result of their good faith, and therefore they will take all necessary actions for its due compliance; in the event of any discrepancy in its interpretation, such discrepancy will be resolved by mutual accord.
