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Common use of Interpretation Clause in Contracts

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.

Appears in 265 contracts

Samples: Expense Contract (Fidelity Aberdeen Street Trust), Expense Contract (Fidelity Aberdeen Street Trust), Expense Contract (Fidelity Aberdeen Street Trust)

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Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.

Appears in 180 contracts

Samples: 35 Basis Point Expense Contract (Fidelity Advisor Series Iv), 50 Basis Point Expense Contract (Fidelity Summer Street Trust), 50 Basis Point Expense Contract (Fidelity Summer Street Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s 's Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the "1940 Act"), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.

Appears in 153 contracts

Samples: 10 Basis Point Expense Contract (Variable Insurance Products Fund Ii), 10 Basis Point Expense Contract (Variable Insurance Products Fund Ii), 6 Basis Point Expense Contract (Fidelity Salem Street Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s 's Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.

Appears in 77 contracts

Samples: Management Fee Waiver Agreement (Fidelity Rutland Square Trust II), Management Fee Waiver Agreement (Fidelity Rutland Square Trust II), Management Fee Waiver Agreement (Fidelity Rutland Square Trust II)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the a Fund to take any action contrary to the Trust’s 's Agreement and Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the Fund.

Appears in 51 contracts

Samples: Fee Waiver Agreement (Gartmore Variable Insurance Trust), Expense Limitation Agreement (Aberdeen Funds), Expense Limitation Agreement (Gartmore Mutual Funds)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s 's Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the Fund.

Appears in 51 contracts

Samples: Expense Limitation Agreement (Advisors' Inner Circle Fund III), Expense Limitation Agreement (Advisors' Inner Circle Fund III), Expense Limitation Agreement (Advisors' Inner Circle Fund III)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s its Agreement and Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the FundTrust.

Appears in 26 contracts

Samples: Sub Administrative Services Agreement (Old Mutual Advisor Funds), Expense Limitation Agreement (Lsa Variable Series Trust), Expense Limitation Agreement (Lsa Variable Series Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s its Amended and Restated Agreement and Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its their responsibility for or and control of the conduct of the affairs of the Trust or the FundTrust.

Appears in 23 contracts

Samples: Investment Management Agreement (Eq Advisors Trust), Investment Management Agreement (Eq Advisors Trust), Investment Management Agreement (Eq Advisors Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund Funds to take any action contrary to the Trust’s 's Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the FundFunds.

Appears in 19 contracts

Samples: Expense Limitation Agreement (Barr Rosenberg Series Trust), Expense Limitation Agreement (Laudus Institutional Trust), Expense Limitation Agreement (Barr Rosenberg Variable Insurance Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s its Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its their responsibility for or and control of the conduct of the affairs of the Trust or the FundTrust.

Appears in 19 contracts

Samples: Investment Advisory Agreement (FQF Trust), Investment Sub Advisory Agreement (ALPS ETF Trust), Sub Advisory Agreement (Grail Advisors ETF Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s 's Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the "1940 Act"), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.

Appears in 15 contracts

Samples: 42 Basis Point Expense Contract (Fidelity Hereford Street Trust), 43 Basis Point Expense Contract (Fidelity Newbury Street Trust), 42 Basis Point Expense Contract (Fidelity Hereford Street Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the a Fund to take any action contrary to the Trust’s 's Agreement and Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the each Fund.

Appears in 14 contracts

Samples: Investment Advisory Agreement (American Independence Funds Trust), Expense Limitation Agreement (Performance Funds Trust), Expense Limitation Agreement (Usallianz Variable Insurance Products Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund Funds to take any action contrary to the Trust’s Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the FundFunds.

Appears in 14 contracts

Samples: Expense Limitation Agreement (Laudus Trust), Expense Limitation Agreement (Schwab Annuity Portfolios), Expense Limitation Agreement (Schwab Capital Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.

Appears in 10 contracts

Samples: Management Fee Waiver Agreement (Fidelity Rutland Square Trust II), Management Fee Waiver Agreement (Fidelity Rutland Square Trust II), Management Fee Waiver Agreement (Fidelity Rutland Square Trust II)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the a Fund to take any action contrary to the Trust’s Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the Fund.

Appears in 10 contracts

Samples: Expense Limitation Agreement (Strategy Shares), Expense Limitation Agreement (Strategy Shares), Expense Limitation Agreement (Strategy Shares)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s its Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the FundTrust.

Appears in 9 contracts

Samples: Administrative Services Agreement (Old Mutual Advisor Funds), Expense Limitation Agreement (Lou Holland Trust), Shareholder Web Services Agreement (Old Mutual Advisor Funds)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s its Agreement and Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its their responsibility for or and control of the conduct of the affairs of the Trust or the FundTrust.

Appears in 8 contracts

Samples: Investment Management Agreement (Axa Enterprise Funds Trust), Investment Management Agreement (Axa Enterprise Funds Trust), Investment Management Agreement (Axa Enterprise Funds Trust)

Interpretation. Nothing herein contained shall be deemed to require the Funds or Trust or the Fund to take any action contrary to the Trust’s Trust Instrument or Bylaws, each as in effect from time to time's Declaration of Trust, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the FundFunds.

Appears in 6 contracts

Samples: Expense Limitation Agreement (Ing Equity Trust), Expense Limitation Agreement (Ing Equity Trust), Expense Limitation Agreement (Ing Equity Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the any Fund or Class to take any action contrary to the Trust’s 's Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the Fundany Fund or Class.

Appears in 4 contracts

Samples: Expense Limitation Agreement (E Trade Funds), Expense Limitation Agreement (E Trade Funds), Expense Limitation Agreement (E Trade Funds)

Interpretation. Nothing herein contained shall be deemed to require the each Trust or the Fund Funds to take any action contrary to the Trust’s Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the each Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.

Appears in 4 contracts

Samples: Expense Contract (Fidelity Salem Street Trust), Expense Contract (Fidelity Salem Street Trust), Expense Contract (Fidelity Salem Street Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the a Fund to take any action contrary to the Trust’s Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the a Fund.

Appears in 4 contracts

Samples: Expense Contract (Fidelity Aberdeen Street Trust), Expense Contract (Fidelity Aberdeen Street Trust), Expense Contract (Fidelity Aberdeen Street Trust)

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Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s 's Declaration of Trust Instrument or Bylaws, each as in effect from time to timebylaws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the Fund.

Appears in 3 contracts

Samples: Fee Reduction Agreement (Gardner Lewis Investment Trust), Expense Limitation Agreement (Gardner Lewis Investment Trust), Expense Limitation Agreement (Gardner Lewis Investment Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s 's Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.

Appears in 3 contracts

Samples: 42 Basis Point Expense Contract (Fidelity Newbury Street Trust), 43 Basis Point Expense Contract (Fidelity Newbury Street Trust), 42 Basis Point Expense Contract (Fidelity Hereford Street Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s its Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of the Trust of its responsibility for or and control of the conduct of the affairs of the Trust or the FundTrust.

Appears in 3 contracts

Samples: Investment Management and Administration Agreement (Lou Holland Trust), Interim Investment Management and Administration Agreement (Lou Holland Trust), Investment Management and Administration Agreement (Lou Holland Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the a Fund to take any action contrary to the Trust’s 's Agreement and Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it the Trust or Fund is subject or by which it the Trust or Fund is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its the Board's responsibility for or and control of the conduct of the affairs of the Trust or the Fund.

Appears in 3 contracts

Samples: Fee Waiver Agreement (Gartmore Mutual Funds), Fee Waiver Agreement (Gartmore Variable Insurance Trust), Fee Waiver Agreement (Nationwide Variable Insurance Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Retail Fund to take any action contrary to the Trust’s 's Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Retail Fund.

Appears in 2 contracts

Samples: 45 Basis Point Expense Contract (Fidelity Income Fund /Ma/), 45 Basis Point Expense Contract (Fidelity Salem Street Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund Funds to take any action contrary to the Trust’s 's Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the FundFunds.

Appears in 2 contracts

Samples: Expense Limitation Agreement (Community Development Fund), Expense Limitation Agreement (Community Development Fund)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the a Fund to take any action contrary to the Trust’s 's Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the Fund.

Appears in 2 contracts

Samples: Expense Limitation Agreement (Strategy Shares), Expense Limitation Agreement (Mutual Fund & Variable Insurance Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund Funds to take any action contrary to the Trust’s Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the Fund.

Appears in 1 contract

Samples: Fee Waiver Agreement (HSBC Investor Funds)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.

Appears in 1 contract

Samples: Expense Contract (Fidelity Aberdeen Street Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements 1 of 5 under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.

Appears in 1 contract

Samples: Expense Contract (Fidelity Aberdeen Street Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund Funds to take any action contrary to the Trust’s Trust Instrument or Bylaws, each as in effect from time to timeInstrument, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the FundFunds.

Appears in 1 contract

Samples: Expense Limitation Agreement (Pilgrim Funds Trust)

Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund Funds to take any action contrary to the Trust’s 's Certificate of Trust, Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the Fund.

Appears in 1 contract

Samples: Expense Limitation Agreement (Pilgrim Mutual Funds)

Interpretation. Nothing herein contained shall be deemed to require the each Trust or the Fund Funds to take any action contrary to the Trust’s Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.

Appears in 1 contract

Samples: Expense Contract (Fidelity Salem Street Trust)

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