LIMITATION OF EXPENSES. In the event that expenses of any Portfolio chargeable to its income account (including amounts payable hereunder but exclusive of brokerage fees, distribution services fee, interest, taxes and extraordinary expenses for any fiscal year ending on a date at which this Agreement is in effect) shall exceed 1.50% of the average daily net assets of the Portfolio for said fiscal year, calculated on the basis of the average of all of the daily valuations of the net assets of the Portfolio in effect as of the close of each business day during said fiscal year, EquiTrust shall pay to the Portfolio the amount by which such expenses exceed the applicable limitation, within three days after the determination of the amount thereof. In no event shall EquiTrust be required to reimburse the Portfolio in an amount exceeding its compensation for such period from such Portfolio under this Agreement.
LIMITATION OF EXPENSES. Certain expenses that are not normally incurred in providing resident care shall be eliminated or limited according to the following rules.
LIMITATION OF EXPENSES. 8.4.1 All expenses should be clearly identified and appropriated to the scheme.
LIMITATION OF EXPENSES. During the term of this Agreement, the total expenses of Contrarian, exclusive of extraordinary costs or expenses such as legal, accounting, or other costs or expenses not incurred in the course of the Fund's ongoing operation, but including fees paid to the Adviser pursuant to paragraph 6 below, shall not in any fiscal year exceed the annual rate of 1.75% of the average daily net asset value of Contrarian, and the Adviser agrees to pay any excess expenses or to reimburse Contrarian for any sums expended for such expenses in excess of that amount. Such payment, if any, will be paid on a monthly basis. Brokers' commissions and other charges relating to the purchase and sale of securities shall not be regarded as expenses for this purpose.
LIMITATION OF EXPENSES. The Parties shall not be responsible for any expenses not specified in this Agreement.
LIMITATION OF EXPENSES. Certain expenses that are not normally incurred in providing resi- dent care shall be eliminated or limited according to the following rules.
LIMITATION OF EXPENSES. In the event the operating expenses of the Company or any Fund (including amounts payable to the Adviser pursuant to Section 7 hereof), for any fiscal year ending on a date on which this Agreement is in effect, exceed the expense limitations imposed by state securities laws or regulations thereunder, the Adviser shall reduce the management fee payable by such Fund to the extent of such excess, and, if required pursuant to any such laws or regulations, also reimburse such Fund or the Company for annual operating expenses which are paid or payable and which exceed any expense limitation that may be applicable. Excluded from such annual operating expenses shall be the amount of any interest, taxes, brokerage commissions, distribution fees, extraordinary expenses (including, but not limited to, legal claims and liabilities and litigation costs and any indemnification related thereto) and any other expenses which may be excluded under the applicable state securities law. Such reduction, if any, shall be computed and accrued daily, shall be settled on a quarterly basis, and shall be based upon the expense limitations applicable as of the end of the last business day of the quarter. Should two or more expense limitations be applicable as of the end of the last business day of the quarter, the expense limitation which results in the largest reduction in the Adviser's fee shall be considered operative for purposes of this Section.
LIMITATION OF EXPENSES. During the term of this Agreement, the total expenses of the Portfolio, exclusive of extraordinary costs or expenses such as legal, accounting, or other costs or expenses not incurred in the course of the Fund's ongoing operation, but including fees paid to the Adviser pursuant to paragraph 6 below, shall not in any fiscal year exceed the annual rate of 2.00% of the average daily net asset value of the Portfolio, and the Adviser agrees to pay any excess expenses or to reimburse the Portfolio for any sums expended for such expenses in excess of that amount. Such payment, if any, will be paid on a monthly basis. Brokers' commissions and other charges relating to the purchase and sale of securities shall not be regarded as expenses for this purpose.
LIMITATION OF EXPENSES. The aggregate amount to be paid by the Corporation ----------------------- to MLSSISI as reimbursements under this Agreement, paid by the Corporation to CSC under paragraphs 2 and 19 of the Transfer Agent and Dividend Disbursing Agent Agreement dated December 31, 1991 between the Corporation and CSC, and paid by the Corporation pursuant to any subadministration agreements as described herein under "Subadministration Agreements", shall be no greater (and may be less) than the sum of the amounts calculated as percentages of the average daily net assets values of each Fund of the Corporation determined, on an annual basis, as follows: % Fund --- ----
LIMITATION OF EXPENSES. The Company shall use its best efforts to minimize its expenses and liabilities in connection with the implementation of the Plan of Liquidation and the conduct of its activities and affairs, and in no event shall the aggregate amount of such expenses and all liabilities voluntarily incurred by the Company (other than as permitted by Section 5.8 of this Agreement) on or after the closing date of this Agreement exceed $100,000 plus any reasonable additional amounts as may be mutually agreed upon by the Company and the Noteholders.
