Common use of Not an Investment Adviser Clause in Contracts

Not an Investment Adviser. The Company acknowledges that BANK has not provided any advice hereunder as to the value of securities or regarding the advisability of purchasing or selling any securities for the Trust’s portfolio. The Company acknowledges and agrees that BANK has been retained to act solely as an adviser to the Company, and the Company’s engagement of BANK is not intended to confer rights upon any person (including the Trust or any shareholders, employees or creditors of the Company or the Trust) not a party hereto as against BANK or its affiliates, or their respective directors, officers, employees or agents, successors, or assigns. BANK has acted as an independent contractor under this Agreement, and not in any other capacity including as a fiduciary, and any duties arising out of its engagement shall be owed solely to the Company.