Common use of Market Fluctuation Clause in Contracts

Market Fluctuation. The Manager shall not be deemed to have breached this Agreement or the Investment Guidelines as a result of fluctuations arising from market movements and other events outside the control of the Manager provided that the Manager acts in accordance with the terms of this Agreement and its standard of care in its management of the Company’s assets in connection with such fluctuations.

Market Fluctuation. The Manager shall not be deemed to have breached this Agreement or the Investment Guidelines as a result of in connection with fluctuations arising from market movements and other events outside the control of the Manager provided that the Manager acts in accordance with the terms of this Agreement and its standard of care in its management of the Company’s assets in connection with such fluctuationsManager.