MAXIMUM EXPENDITURES Clause Samples

MAXIMUM EXPENDITURES. The expenditures to be made by each Fund pursuant to this Agreement, and the basis upon which such expenditures will be made, shall be determined by each Fund, and, in no event shall such expenditures exceed 0.75% of the average daily net asset value of the Class B shares of any Fund (determined in accordance with each Fund's prospectus as from time to time in effect). All such expenditures shall be calculated and accrued daily and paid quarterly or at such other intervals as the Board of Directors of the Company shall determine. In the event the Distributor is not fully reimbursed for payments made or other expenses incurred by it under this Agreement, the Distributor shall be entitled to carry forward such expenses to subsequent fiscal years for submission to the Class B shares of the applicable Fund for payment, subject always to the annual maximum expenditures set forth in this Article III; provided, however, that nothing herein shall prohibit or limit the Directors from terminating this Agreement and all payments hereunder at any time pursuant to Article VIII hereof. While no Fund is liable for unreimbursed distribution expenses, in the event of discontinuation or termination of this Agreement as to any Fund(s), the Board may consider the appropriateness of having the Class B shares of such Fund(s) reimburse the Distributor for the then outstanding carryforward amounts plus interest thereon to the extent permitted by applicable law.

MAXIMUM EXPENDITURES. The expenditures to be made by each Fund pursuant to this Agreement, and the basis upon which such expenditures will be made, shall be determined by each Fund, and, in no event shall such expenditures exceed 0.75% of the average daily net asset value of the Class B shares of any Fund (determined in accordance with each Fund’s prospectus as from time to time in effect). All such expenditures shall be calculated and accrued daily and paid quarterly or at such other intervals as the Board of Directors of the Company shall determine. In the event the Distributor is not fully reimbursed for payments made or other expenses incurred by it under this Agreement, the Distributor shall be entitled to carry forward such expenses for up to three years for submission to the Class B shares of the applicable Fund for payment, subject always to the annual maximum expenditures set forth in this Article III; provided, however, that nothing herein shall prohibit or limit the Directors from terminating this Agreement and all payments hereunder at any time pursuant to Article VIII hereof. While no Fund is liable for unreimbursed distribution expenses, in the event of discontinuation or termination of this Agreement as to any Fund(s), the Board may consider the appropriateness of having the Class B shares of such Fund(s) reimburse the Distributor for the then outstanding carryforward amounts plus interest thereon to the extent permitted by applicable law.

MAXIMUM EXPENDITURES. The expenditures to be made by the Initial Series pursuant to this Plan and the basis upon which payment of such expenditures will be made shall be determined from time to time by the Trustees, but in no event may such expenditures exceed the following: (i) with respect to Shares of the Initial Series, an annual rate of .25% of the average daily value of net assets represented by such Shares, and (ii) with respect to Shares of any Series subsequently established by the Trust and made subject to this Plan, the annual rate as agreed upon and specified in an addendum hereto; plus such amounts as the Distributor may expend from general revenues, profits and other sources from time to time in accordance with the last sentence of Section 1. The expenditures to be made pursuant to this Plan shall commence with respect to Shares of a Series as of the date on which this Plan becomes effective with respect to each such Series.

MAXIMUM EXPENDITURES. Notwithstanding anything in Section 5, above, to the contrary, from the Effective Date through November 15, 2012, Lessee's obligation to make repairs to groundwater ▇▇▇▇▇, pipelines and irrigation systems shall not exceed Ten Dollars ($10.00) per acre during each year of the Term. Lessor agrees to reimburse Lessee for out-of- pocket repair and maintenance costs that are approved by Lessor, to the extent that they exceed said amount. Reimbursements shall be made within sixty (60) days of Lessee's submission of written documentation of expenditures. As an alternative, to the method set forth above in this section, Lessee may elect to pay the first Two Thousand Dollars ($2,000.00) per repair to groundwater ▇▇▇▇▇, pipelines and irrigation systems per occurrence, subject to Lessee selecting such alternative by notice in writing to Lessor prior to the Effective Date. Notwithstanding anything in Section 5 or this Section to the contrary, the Lessor is not responsible for reimbursing the Lessee for any cost or expense associated with the center pivot irrigation equipment that is owned by the Lessee.

MAXIMUM EXPENDITURES