Common use of Lowest Fee Warranty Clause in Contracts

Lowest Fee Warranty. Sub-Adviser represents and warrants that the sub-advisory fee payable under this Agreement (the “Sub-Advisory Fee”) is now and in the future will be equal to the lowest fee (expressed as a percentage of assets under management) then being paid to the Sub-Adviser under any other advisory or sub-advisory agreement involving an unaffiliated third party (including, without limitation, those entered into before the date of this Agreement) relating to any small cap growth account managed in a substantially similar manner by the same individual or individuals then responsible for the management of the Fund’s portfolio (the “Lowest Third Party Fee”). If, at any time, the Sub-Advisory Fee becomes greater than the Lowest Third Party Fee, the Sub-Adviser shall promptly provide written notice, in the manner set forth in Section 26, to the Adviser of the existence of such Lowest Third Party Fee and the Sub-Advisory Fee will be reduced to equal the Lowest Third Party Fee effective as of the date on which the Sub-Advisory Fee became greater than the Lowest Third Party Fee.

Lowest Fee Warranty. The Sub-Adviser represents and warrants that the effective sub-advisory fee rate payable under this Agreement Agreement, as determined in accordance with Schedule A (the “Sub-Advisory Fee”) ), is now and in the future will be equal to or less than the lowest lowest, non-performance based effective fee rate (expressed as a percentage of assets under management) then being paid to the Sub-Adviser under any other advisory or sub-advisory agreement involving with or relating to an unaffiliated third party (including, without limitation, those entered into before investment company registered under the date of this Agreement) relating to any small cap growth account Act managed in a substantially similar manner by and at the same individual or individuals then responsible for lower asset level as the management of the Fund’s portfolio Fund (the “Lowest Third Party Fee”). If, If at any time, the Sub-Advisory Fee becomes greater than the Lowest Third Party Fee, the Sub-Adviser shall promptly provide written noticenotice to the Adviser, in the manner set forth in Section 2628.E. of this Agreement, to the Adviser of the existence of such Lowest Third Party Fee and the Sub-Advisory Fee will be reduced to equal the Lowest Third Party Fee effective as of the date on which the Sub-Advisory Fee became greater than the Lowest Third Party Fee.

Lowest Fee Warranty. The Sub-Adviser represents and warrants that the effective sub-advisory fee rate payable under this Agreement Agreement, as determined in accordance with Sections II and III of Schedule A (the “Sub-Advisory Fee”) ), is now and in the future will be equal to or less than the lowest lowest, non-performance based effective fee rate (expressed as a percentage of assets under management) then being paid to the Sub-Adviser under any other advisory or sub-advisory agreement involving with or relating to an unaffiliated third party (including, without limitation, those entered into before investment company registered under the date of this Agreement) relating to any small cap growth account Act managed in a substantially similar manner by and at the same individual or individuals then responsible for lower asset level as the management of the Fund’s portfolio Fund (the “Lowest Third Party Fee”). If, If at any time, the Sub-Advisory Fee becomes greater than the Lowest Third Party Fee, the Sub-Adviser shall promptly provide written noticenotice to the Adviser, in the manner set forth in Section 2628.E. of this Agreement, to the Adviser of the existence of such Lowest Third Party Fee and the Sub-Advisory Fee will be reduced to equal the Lowest Third Party Fee effective as of the date on which the Sub-Advisory Fee became greater than the Lowest Third Party Fee.

Lowest Fee Warranty. The Sub-Adviser represents and warrants that the effective sub-advisory fee rate payable under this Agreement Agreement, as determined in accordance with Sections II and III of Schedule A (the “Sub-Advisory Fee”) ), is now and in the future will be equal to or less than the lowest effective fee rate (expressed as a percentage of assets under management) then being paid to the Sub-Adviser or any of its advisory affiliates under any other advisory or sub-advisory agreement involving an unaffiliated third party (including, without limitation, those entered into before the date of this Agreement) with or relating to any small cap growth account a registered investment company managed in a substantially similar manner by and at the same individual or individuals then responsible for lower asset level as the management of the Fund’s portfolio Fund (the “Lowest Third Party Fee”). If, If at any time, the Sub-Advisory Fee becomes greater than the Lowest Third Party Fee, the Sub-Adviser shall promptly provide written noticenotice to the Adviser, in the manner set forth in Section 2628.E. of this Agreement, to the Adviser of the existence of such Lowest Third Party Fee and the Sub-Advisory Fee will be reduced to equal the Lowest Third Party Fee effective as of the date on which the Sub-Advisory Fee became greater than the Lowest Third Party Fee.