Common use of Multiple Capacities Clause in Contracts

Multiple Capacities. a. Nothing contained in this Agreement will prohibit you 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 administrator, broker and distributor. The Trust understands that you may act as investment adviser or in other capacities on behalf of other investment companies and customers. While information and recommendations you supply to the Fund will in your judgment be appropriate under the circumstances and in light of the investment objectives of the Fund, they may be different from the information and recommendations you supply to other investment companies and customers. You will give the Fund equitable treatment under the circumstances in supplying information, recommendations and any other services requested of you, but you will not be required to give preferential treatment to the Fund as compared with the treatment given to any other investment company or customer. Whenever you will act in multiple capacities on behalf of the Fund, you will maintain the appropriate separate accounts and records for each such capacity. All information and advice supplied by you to the Fund hereunder will be for its own use exclusively. b. Nothing in this Agreement will in any way limit or restrict you or any of your officers, directors, or employees from buying, selling or trading in any securities for your or their own accounts or other accounts. c. When you deem the purchase or sale of a security to be in the best interest of the Fund as well as other clients, you may, to the extent permitted by applicable laws and regulations, but shall be under no obligations to, aggregate the securities to be sold or purchased in order to obtain the best execution and lower brokerage commissions, if any. In such event, you will allocate the securities so purchased or sold, as well as the expenses incurred in the transaction, in the manner you consider to be the most equitable and consistent with your fiduciary obligations to the Fund and to your other clients. d. You are an independent contractor and not an employee of the Trust for any purpose. If you ever give any advice to your clients concerning the shares of the Trust, you will act solely as investment counsel for such clients and not in any way on behalf of the Trust or the Fund.

Multiple Capacities. a. Nothing contained in this Agreement will prohibit you from acting 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 administrator, broker and distributor. The Trust understands that you may act as investment adviser or in other capacities on behalf of other investment companies and customers. While information and recommendations you supply to the Fund Funds will in your judgment be appropriate under the circumstances and in light of the investment objectives of the each Fund, they may be different from the information and recommendations you supply to other Funds, investment companies and customers. You will give the Fund Funds equitable treatment under the circumstances in supplying information, recommendations and any other services requested of you, but you will not be required to give preferential treatment to the Fund Funds as compared with the treatment given to any other investment company or customer. Whenever you will act in multiple capacities on behalf of the FundFunds, you will maintain the appropriate separate accounts and records for each such capacity. All information and advice supplied by you to the each Fund hereunder will be for its own use exclusively. b. Nothing in this Agreement will in any way limit or restrict you or any of your officers, directors, or employees from buying, selling or trading in any securities for your or their own accounts or other accounts. c. When you deem the purchase or sale of a security to be in the best interest of the a Fund as well as other clients, you may, to the extent permitted by applicable laws and regulations, but shall be under no obligations to, aggregate the securities to be sold or purchased in order to obtain the best execution and lower brokerage commissions, if any. In such event, you will allocate the securities so purchased or sold, as well as the expenses incurred in the transaction, in the manner you consider to be the most equitable and consistent with your fiduciary obligations to the Fund Funds and to your other clients. d. You are an independent contractor and not an employee of the Trust for any purpose. If you ever give any advice to your clients concerning the shares of the Trust, you will act solely as investment counsel for such clients and not in any way on behalf of the Trust or the any Fund.

Multiple Capacities. a. Nothing contained in this Agreement will prohibit you from acting 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 administrator, broker and distributor. The Trust understands that you may act as investment adviser or in other capacities on behalf of other investment companies and customers. While information and recommendations you supply to the Fund Funds will in your judgment be appropriate under the circumstances and in light of the investment objectives of the each Fund, they may be different from the information and recommendations you supply to other Funds, investment companies and customers. You will give the Fund Funds equitable treatment under the circumstances in supplying information, recommendations and any other services requested of you, but you will not be required to give preferential treatment to the Fund Funds as compared with the treatment given to any other investment company or customer. Whenever you will act in multiple capacities on behalf of the FundFunds, you will maintain the appropriate separate accounts and records for each such capacity. All information and advice supplied by you to the each Fund hereunder will be for its own use exclusively. b. Nothing in this Agreement will in any way limit or restrict you or any of your officers, directors, or employees from buying, selling or trading in any securities for your or their own accounts or other accounts. c. When you deem the purchase or sale of a security to be in the best interest of the a Fund as well as other clients, you may, to the extent permitted by applicable laws and regulations, but shall be under no obligations to, aggregate the securities to be sold or purchased in order to obtain the best execution and lower brokerage commissions, if any. In such event, you will allocate the securities so purchased or sold, as well as the expenses incurred in the transaction, in the manner you consider to be the most equitable and consistent with your fiduciary obligations to the Fund Funds and to your other clients. d. You are an independent contractor and not an employee of the Trust for any purpose. If you ever give any advice to your clients concerning the shares of the Trust, you will act solely as investment counsel for such clients and not in any way on behalf of the Trust or the any Fund.