Common use of Multiple Capacities Clause in Contracts

Multiple Capacities. Nothing in this Agreement shall be deemed to prohibit you or your affiliates from acting, and being separately compensated for acting, in one or more capacities on behalf of the Trust. The Trust understands that you and your affiliates may, in the future, act as investment manager or in other capacities on behalf of other investment companies and customers. While information and recommendations you supply to the Trust shall in your judgment be appropriate under the circumstances and in light of the investment objectives and policies of the Trust, they may be different from the information and recommendations you supply to other investment companies and customers. You shall give the Trust equitable treatment under the circumstances in supplying information, recommendations and any other services requested of you, but you shall not be required to give preferential treatment to the Trust as compared with the treatment given to any other investment company or customer. Whenever you shall act in multiple capacities on behalf of the Trust, you shall maintain the appropriate separate accounts and records for each such capacity.

Appears in 4 contracts

Samples: Investment Management Agreement (Industry Leaders Fund), Investment Management Agreement (Industry Leaders Fund), Investment Management Agreement (Industry Leaders Fund)

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Multiple Capacities. Nothing contained in this Agreement shall be deemed to prohibit you or your affiliates from acting, and being separately compensated for acting, in one or more capacities on behalf of the Trust, including, but not limited to, the capacities of broker or distributor. The Trust understands that you and your affiliates may, in the future, may act as investment manager or in other capacities as aforesaid on behalf of other investment companies and customers. While information and recommendations you supply to the Trust shall in your judgment be appropriate under the circumstances and in light of the investment objectives and policies of the Trust, they may be different from the information and recommendations you supply to other investment companies and customers. You shall give the Trust equitable treatment under the circumstances in supplying information, recommendations and any other services requested of you, but you shall not be required to give preferential treatment to the Trust as compared with the treatment given to any other investment company or customer. Whenever you shall act in multiple capacities on behalf of the Trust, you shall maintain the appropriate separate accounts and records for each such capacity. All information and advice supplied by you to the Trust hereunder shall be for its own use exclusively.

Appears in 2 contracts

Samples: Management Agreement (Zweig Series Trust), Management Agreement (Phoenix Zweig Trust)

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