Common use of PRICING/FEES Clause in Contracts

PRICING/FEES. 5.1 Beginning on the Effective Date, each Fund shall pay Supplier for Services provided under this Agreement as may be agreed upon in writing from time to time by the Parties (such agreement, the “Fee Schedule”). Upon the termination of this Agreement (or termination of its coverage with respect to a Fund) before the end of any month, the fee for the part of the month before such termination shall be prorated according to the proportion which such part bears to the full monthly period and shall be payable upon the date of termination of this Agreement (or termination of its coverage with respect to a Fund). Further, each Fund agrees to reimburse Supplier for such other expenses reasonably incurred in connection with this Agreement as may be mutually agreed upon in writing by the Parties from time to time. 5.2 Fees for additional Services not listed on the Fee Schedule shall be as mutually agreed in writing among the Parties. 5.3 The Parties agree that, except as provided in this paragraph, the Fee Schedule shall not be amended until after June 13, 2010. In the event of a substantial change in the mix of fund types, or in the event of new fund types being added to the Funds, the Parties shall review the fees paid per Fund and an appropriate fee adjustment shall be negotiated. Notwithstanding anything herein to the contrary, Supplier reserves the right to renegotiate the fee schedule in the event: (i) Supplier reasonably expects that the aggregate fees paid to it under this Agreement, its agreement with the Funds and CMA relating to fund accounting and its custodial agreements with the Funds will fall below twenty million dollars ($20M) on an annualized basis, (ii) there is a material increase in the assets under management of a Fund due to a merger, acquisition or other event out of the ordinary course of business (i.e. not due to organic fund growth), provided, however, that in the event that this subsection (ii) applies, Supplier may increase the fee cap only for the Fund that engaged in the triggering transaction, or (iii) the termination of either but not both of this Agreement and Supplier’s agreement with the Funds and CMA relating to fund accounting. In addition, fees for activities of a non-recurring nature, such as Fund consolidations or reorganizations, and the preparation of special reports will be reasonable and subject to negotiation.

Appears in 9 contracts

Samples: Financial Reporting Services Agreement (Columbia Funds Master Investment Trust, LLC), Financial Reporting Services Agreement (Columbia Funds Series Trust), Financial Reporting Services Agreement (Banc of America Funds Trust)

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PRICING/FEES. 5.1 Beginning on the Effective Date, each Fund shall pay Supplier for Services provided under this Agreement as may be agreed upon in writing from time to time by the Parties (such agreement, the “Fee Schedule”). Upon the termination of this Agreement (or termination of its coverage with respect to a Fund) before the end of any month, the fee for the part of the month before such termination shall be prorated according to the proportion which such part bears to the full monthly period and shall be payable upon the date of termination of this Agreement (or termination of its coverage with respect to a Fund). Further, each Fund agrees to reimburse Supplier for such other expenses reasonably incurred in connection with this Agreement as may be mutually agreed upon in writing by the Parties from time to time. 5.2 Fees for additional Services not listed on the Fee Schedule shall be as mutually agreed in writing among the Parties. 5.3 The Parties agree that, except as provided in this paragraph, the Fee Schedule shall not be amended until after June 13, 2010. In the event of a substantial change in the mix of fund types, or in the event of new fund types being added to the Funds, the Parties shall review the fees paid per Fund and an appropriate fee adjustment shall be negotiated. Notwithstanding anything herein to the contrary, Supplier reserves the right to renegotiate the fee schedule in the event: (i) Supplier reasonably expects that the aggregate fees paid to it under this Agreement, its agreement agreements with the Funds and CMA relating to fund accounting and its custodial agreements with the Funds will fall below twenty million dollars ($20M) on an annualized basis, (ii) there is a material increase in the assets under management of a Fund due to a merger, acquisition or other event out of the ordinary course of business (i.e. not due to organic fund growth), provided, however, that in the event that this subsection (ii) applies, Supplier may increase the fee cap only for the Fund that engaged in the triggering transaction, or (iii) the termination of either but not both of this Agreement and Supplier’s agreement with the Funds and CMA relating to fund accountingfinancial reporting. In addition, fees for activities of a non-recurring nature, such as Fund consolidations or reorganizations, and the preparation of special reports will be reasonable and subject to negotiation.

Appears in 6 contracts

Samples: Accounting Services Agreement (Columbia Funds Variable Insurance Trust), Accounting Services Agreement (Columbia Funds Variable Insurance Trust I), Accounting Services Agreement (Columbia Funds Series Trust)

PRICING/FEES. 5.1 Beginning on the Effective Date, each Fund shall pay Supplier for Services provided under this Agreement as may be agreed upon in writing from time to time by the Parties (such agreement, the “Fee Schedule”). Upon the termination of this Agreement (or termination of its coverage with respect to a Fund) before the end of any month, the fee for the part of the month before such termination shall be prorated according to the proportion which such part bears to the full monthly period and shall be payable upon the date of termination of this Agreement (or termination of its coverage with respect to a Fund). Further, each Fund agrees to reimburse Supplier for such other expenses reasonably incurred in connection with this Agreement as may be mutually agreed upon in writing by the Parties from time to time. 5.2 Fees for additional Services not listed on the Fee Schedule shall be as mutually agreed in writing among the Parties. 5.3 The Parties agree that, except as provided in this paragraph, the Fee Schedule shall not be amended until after June 13, 2010. In the event of a substantial change in the mix of fund types, or in the event of new fund types being added to the Funds, the Parties shall review the fees paid per Fund and an appropriate fee adjustment shall be negotiated. Notwithstanding anything herein to the contrary, Supplier reserves the right to renegotiate the fee schedule in the event: (i) Supplier reasonably expects that the aggregate fees paid to it under this Agreement, its agreement with the Funds and CMA BofA Advisors relating to fund accounting and its custodial agreements with the Funds will fall below twenty million dollars ($20M) on an annualized basis, (ii) there is a material increase in the assets under management of a Fund due to a merger, acquisition or other event out of the ordinary course of business (i.e. not due to organic fund growth), provided, however, that in the event that this subsection (ii) applies, Supplier may increase the fee cap only for the Fund that engaged in the triggering transaction, or (iii) the termination of either but not both of this Agreement and Supplier’s agreement with the Funds and CMA BofA Advisors relating to fund accounting. In addition, fees for activities of a non-recurring nature, such as Fund consolidations or reorganizations, and the preparation of special reports will be reasonable and subject to negotiation.

Appears in 2 contracts

Samples: Financial Reporting Services Agreement, Financial Reporting Services Agreement (BofA Funds Series Trust)

PRICING/FEES. 5.1 Beginning on the Effective Date, each Fund shall pay Supplier for Services provided under this Agreement as may be agreed upon in writing from time to time by the Parties (such agreement, the “Fee Schedule”). Upon the termination of this Agreement (or termination of its coverage with respect to a Fund) before the end of any month, the fee for the part of the month before such termination shall be prorated according to the proportion which such part bears to the full monthly period and shall be payable upon the date of termination of this Agreement (or termination of its coverage with respect to a Fund). Further, each Fund agrees to reimburse Supplier for such other expenses reasonably incurred in connection with this Agreement as may be mutually agreed upon in writing by the Parties from time to time. 5.2 Fees for additional Services not listed on the Fee Schedule shall be as mutually agreed in writing among the Parties. 5.3 The Parties agree that, except as provided in this paragraph, the Fee Schedule shall not be amended until after June 13, 2010. In the event of a substantial change in the mix of fund types, or in the event of new fund types being added to the Funds, the Parties shall review the fees paid per Fund and an appropriate fee adjustment shall be negotiated. Notwithstanding anything herein to the contrary, Supplier reserves the right to renegotiate the fee schedule in the event: (i) Supplier reasonably expects that the aggregate fees paid to it under this Agreement, its agreement with the Funds and CMA relating to fund accounting Accounting Agreement, the Compliance Services Agreement and its custodial agreements agreement with the Funds will fall below twenty million dollars ($20M) on an annualized basis, (ii) there is a material increase in the assets under management of a Fund due to a merger, acquisition or other event out of the ordinary course of business (i.e. not due to organic fund growth), provided, however, that in the event that this subsection (ii) applies, Supplier may increase the fee cap only for the Fund that engaged in the triggering transaction, or (iii) of the termination by CMA of either but not both of this Agreement and Supplier’s agreement with the Funds and CMA relating to fund accountingCompliance Services Agreement or the Accounting Agreement. In addition, fees for activities of a non-recurring nature, such as Fund consolidations or reorganizations, and the preparation of special reports will be reasonable and subject to negotiation.

Appears in 1 contract

Samples: Financial Reporting Services Agreement (Excelsior Funds Inc)

PRICING/FEES. 5.1 Beginning on the Effective Date, each Fund shall pay Supplier for Services provided under this Agreement as may be agreed upon in writing from time to time by the Parties (such agreement, the “Fee Schedule”). Upon the termination of this Agreement (or termination of its coverage with respect to a Fund) before the end of any month, the fee for the part of the month before such termination shall be prorated according to the proportion which such part bears to the full monthly period and shall be payable upon the date of termination of this Agreement (or termination of its coverage with respect to a Fund). Further, each Fund agrees to reimburse Supplier for such other expenses reasonably incurred in connection with this Agreement as may be mutually agreed upon in writing by the Parties from time to time. 5.2 Fees for additional Services not listed on the Fee Schedule shall be as mutually agreed in writing among the Parties. 5.3 The Parties agree that, except as provided in this paragraph, the Fee Schedule shall not be amended until after June 13, 2010. In the event of a substantial change in the mix of fund types, or in the event of new fund types being added to the Funds, the Parties shall review the fees paid per Fund and an appropriate fee adjustment shall be negotiated. Notwithstanding anything herein to the contrary, Supplier reserves the right to renegotiate the fee schedule in the event: (i) Supplier reasonably expects that the aggregate fees paid to it under this Agreement, its agreement agreements with the Funds and CMA BofA Advisors relating to fund accounting and its custodial agreements with the Funds will fall below twenty million dollars ($20M) on an annualized basis, (ii) there is a material increase in the assets under management of a Fund due to a merger, acquisition or other event out of the ordinary course of business (i.e. not due to organic fund growth), provided, however, that in the event that this subsection (ii) applies, Supplier may increase the fee cap only for the Fund that engaged in the triggering transaction, or (iii) the termination of either but not both of this Agreement and Supplier’s agreement with the Funds and CMA BofA Advisors relating to fund accountingfinancial reporting. In addition, fees for activities of a non-recurring nature, such as Fund consolidations or reorganizations, and the preparation of special reports will be reasonable and subject to negotiation.

Appears in 1 contract

Samples: Accounting Services Agreement (BofA Funds Series Trust)

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PRICING/FEES. 5.1 Beginning on the Effective Date, each Fund BofA Advisors shall pay Supplier for Services provided under this Agreement as may be agreed upon in good faith in writing from time to time by the Parties (such agreement, the “Fee Schedule”)Parties. Upon the termination of this Agreement (or termination of its coverage with respect to a Fund) before the end of any month, the fee for the part of the month before such termination shall be prorated according to the proportion which such part bears to the full monthly period and shall be payable upon the date of termination of this Agreement (or termination of its coverage with respect to a Fund). In addition, BofA Advisors shall reimburse the Supplier for all reasonable out-of-pocket costs incurred in connection with this Agreement. Further, each Fund BofA Advisors agrees to reimburse Supplier for such other expenses reasonably incurred in connection with this Agreement as may be mutually agreed upon in writing by the Parties from time to time. Supplier agrees that upon receipt of Proper Instruction(s) from BofA Advisors with regard thereto, each payment received by Supplier from any person other than BofA Advisors, which payment is specifically identified as being for the benefit of BofA Advisors regarding amounts payable by BofA Advisors pursuant to this Agreement, shall be applied by Supplier to amounts due from BofA Advisors under this Agreement. 5.2 Fees for Supplier shall perform such other additional Services services not listed on SCHEDULE B that are mutually agreed to by the Fee Schedule Parties in writing from time to time, for which BofA Advisors will pay such fees as may be mutually agreed upon in writing, including Supplier’s reasonable out-of-pocket expenses. The provision of such other additional services shall be as mutually agreed in writing among subject to the Partiesterms and conditions of this Agreement. 5.3 The Parties agree that, except as provided in this paragraph, the Fee Schedule shall not be amended until after June 13, 2010. In the event of a substantial change in the mix of fund types, or in the event of new fund types being added to the Funds, the Parties shall review the fees paid per Fund and an appropriate fee adjustment shall be negotiated. Notwithstanding anything herein to the contrary, Supplier reserves the right to renegotiate the fee schedule in the event: (i) Supplier reasonably expects that the aggregate fees paid to it under this Agreement, its agreement with the Funds and CMA relating to fund accounting and its custodial agreements with the Funds will fall below twenty million dollars ($20M) on an annualized basis, (ii) there is a material increase in the assets under management of a Fund due to a merger, acquisition or other event out of the ordinary course of business (i.e. not due to organic fund growth), provided, however, that in the event that this subsection (ii) applies, Supplier may increase the fee cap only for the Fund that engaged in the triggering transaction, or (iii) the termination of either but not both of this Agreement and Supplier’s agreement with the Funds and CMA relating to fund accounting. In addition, fees for activities of a non-recurring nature, such as Fund consolidations or reorganizations, and the preparation of special reports will be reasonable and subject to negotiation.Reserved

Appears in 1 contract

Samples: Sub Administration Agreement (BofA Funds Series Trust)

PRICING/FEES. 5.1 Beginning on the Effective Date, each Fund shall pay Supplier for Services provided under this Agreement as may be agreed upon in writing from time to time by the Parties (such agreement, the “Fee Schedule”). Upon the termination of this Agreement (or termination of its coverage with respect to a Fund) before the end of any month, the fee for the part of the month before such termination shall be prorated according to the proportion which such part bears to the full monthly period and shall be payable upon the date of termination of this Agreement (or termination of its coverage with respect to a Fund). Further, each Fund agrees to reimburse Supplier for such other expenses reasonably incurred in connection with this Agreement as may be mutually agreed upon in writing by the Parties from time to time. 5.2 Fees for additional Services not listed on the Fee Schedule shall be as mutually agreed in writing among the Parties. 5.3 The Parties agree that, except as provided in this paragraph, the Fee Schedule shall not be amended until after June 13, 2010. In the event of a substantial change in the mix of fund types, or in the event of new fund types being added to the Funds, the Parties shall review the fees paid per Fund and an appropriate fee adjustment shall be negotiated. Notwithstanding anything herein to the contrary, Supplier reserves the right to renegotiate the fee schedule in the event: (i) Supplier reasonably expects that the aggregate fees paid to it under this Agreement, its agreement with under the Funds Financial Reporting/Compliance Agreements and CMA relating to fund accounting and its custodial agreements under the Custody Agreement with the Funds will fall below twenty million dollars ($20M) on an annualized basis, (ii) there is a material increase in the assets under management of a Fund due to a merger, acquisition or other event out of the ordinary course of business (i.e. not due to organic fund growth), provided, however, that in the event that this subsection (ii) applies, Supplier may increase the fee cap only for the Fund that engaged in the triggering transaction, or (iii) of the termination by CMA of either but not both of this Agreement and Supplier’s agreement with or the Funds and CMA relating to fund accountingFinancial Reporting/Compliance Agreements. In addition, fees for activities of a non-recurring nature, such as Fund consolidations or reorganizations, and the preparation of special reports will be reasonable and subject to negotiation.

Appears in 1 contract

Samples: Accounting Services Agreement (Excelsior Funds Inc)

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