Common use of QUESTIONS OF INTERPRETATION Clause in Contracts

QUESTIONS OF INTERPRETATION. Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the ICA, shall be resolved by reference to such term or provision of the ICA and to interpretations thereof, if any, by the United States courts or, in the absence of any controlling decision of any such court, by rules, regulations or orders of the Securities and Exchange Commission issued pursuant to the ICA. In addition, where the effect of a requirement of the ICA, reflected in any provision of this Agreement, is released by rules, regulation or order of the Securities and Exchange Commission, such provision shall be deemed to incorporate the effect of such rule, regulation or order.

Appears in 52 contracts

Samples: Investment Management Agreement (American Skandia Advisor Funds Inc), Investment Management Agreement (American Skandia Advisor Funds Inc), Investment Management Agreement (American Skandia Advisor Funds Inc)

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QUESTIONS OF INTERPRETATION. Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the ICA, Investment Company Act shall be resolved by reference to such term or provision of the ICA Act and to interpretations thereof, if any, by the United States courts or, Courts or in the absence of any controlling decision of any such court, by rules, regulations or orders of the Securities and Exchange Commission issued pursuant to the ICAsaid Act. In addition, where the effect of a requirement of the ICA, Investment Company Act reflected in any provision of this Agreement, Agreement is released by rules, regulation or order of the Securities and Exchange Commission, such provision shall be deemed to incorporate the effect of such rule, regulation or order.

Appears in 33 contracts

Samples: Investment Advisory Agreement (Tocqueville Trust), Investment Advisory Agreement (Tocqueville Trust), Administration Agreement (Eii Realty Securities Trust)

QUESTIONS OF INTERPRETATION. Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the ICAInvestment Company Act, shall be resolved by reference to such term or provision of the ICA Act and to interpretations thereof, if any, by the United States courts or, Courts or in the absence of any controlling decision of any such court, by rules, regulations or orders of the Securities and Exchange Commission issued pursuant to the ICAsaid Act. In addition, where the effect of a requirement of the ICAInvestment Company Act, reflected in any provision of this Agreement, Agreement is released by rules, regulation or order of the Securities and Exchange Commission, such provision shall be deemed to incorporate the effect of such rule, regulation or order.

Appears in 16 contracts

Samples: Investment Management Agreement (American Skandia Trust), Investment Management Agreement (American Skandia Trust), Investment Management Agreement (American Skandia Trust)

QUESTIONS OF INTERPRETATION. Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the ICAAct, as amended, shall be resolved by reference to such term or provision of the ICA Act and to interpretations thereof, if any, by the United States courts or, Courts or in the absence of any controlling decision of any such court, by rules, regulations or orders of the Securities and Exchange Commission issued pursuant to the ICAsaid Act. In addition, where the effect of a requirement of the ICAAct, reflected in any provision of this Agreement, Agreement is released revised by rulesrule, regulation or order of the Securities and Exchange Commission, such provision shall be deemed to incorporate the effect of such rule, regulation or order.

Appears in 9 contracts

Samples: Investment Advisory Agreement (Guinness Atkinson Funds), Investment Advisory Agreement (Guinness Atkinson Funds), Investment Advisory Agreement (Mutual Fund Trust)

QUESTIONS OF INTERPRETATION. Any question of interpretation of any term or provision of this Agreement having a counterpart ---------------------------- in or otherwise derived from a term or provision of the ICA, shall be resolved by reference to such term or provision of the ICA and to interpretations thereof, if any, by the United States courts or, in the absence of any controlling decision of any such court, by rules, regulations or orders of the Securities and Exchange Commission issued pursuant to the ICA. In addition, where the effect of a requirement of the ICA, reflected in any provision of this Agreement, is released by rules, regulation or order of the Securities and Exchange Commission, such provision shall be deemed to incorporate the effect of such rule, regulation or order.

Appears in 4 contracts

Samples: Investment Management Agreement (American Skandia Advisor Funds Inc), Investment Management Agreement (American Skandia Advisor Funds Inc), Investment Management Agreement (American Skandia Advisor Funds Inc)

QUESTIONS OF INTERPRETATION. Any question of interpretation of --------------------------- any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the ICA, Investment Company Act shall be resolved by reference to such term or provision of the ICA Act and to interpretations thereof, if any, by the United States courts or, Courts or in the absence of any controlling decision of any such court, by rules, regulations or orders of the Securities and Exchange Commission issued pursuant to the ICAsaid Act. In addition, where the effect of a requirement of the ICA, Investment Company Act reflected in any provision of this Agreement, Agreement is released by rules, regulation or order of the Securities and Exchange Commission, such provision shall be deemed to incorporate the effect of such rule, regulation or order.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Tocqueville Trust), Investment Advisory Agreement (Tocqueville Trust)

QUESTIONS OF INTERPRETATION. Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the ICA, shall be resolved by reference to such term or provision of the ICA and to interpretations thereof, if any, by the United States courts or, in the absence of any controlling decision of any such court, by rules, regulations or orders of the Securities and Exchange Commission issued pursuant to the ICA. In addition, where the effect of a requirement of the ICA, reflected in any provision of this Agreement, is released related by rules, regulation or order of the Securities and Exchange Commission, such provision shall be deemed to incorporate the effect of such rule, regulation or order.

Appears in 2 contracts

Samples: Investment Management Agreement (Strategic Partners Mutual Funds, Inc.), Investment Management Agreement (American Skandia Trust)

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QUESTIONS OF INTERPRETATION. Any question of interpretation of any term or provision of this ---------------------------- Agreement having a counterpart in or otherwise derived from a term or provision of the ICA, shall be resolved by reference to such term or provision of the ICA and to interpretations thereof, if any, by the United States courts or, in the absence of any controlling decision of any such court, by rules, regulations or orders of the Securities and Exchange Commission issued pursuant to the ICA. In addition, where the effect of a requirement of the ICA, reflected in any provision of this Agreement, is released related by rules, regulation or order of the Securities and Exchange Commission, such provision shall be deemed to incorporate the effect of such rule, regulation or order.

Appears in 1 contract

Samples: Trust Investment Management Agreement (American Skandia Trust)

QUESTIONS OF INTERPRETATION. Any question of interpretation of any --------------------------- term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the ICA, Investment Company Act shall be resolved by reference to such term or provision of the ICA Act and to interpretations thereof, if any, by the United States courts or, Courts or in the absence of any controlling decision of any such court, by rules, regulations or orders of the Securities and Exchange Commission issued pursuant to the ICAsaid Act. In addition, where the effect of a requirement of the ICA, Investment Company Act reflected in any provision of this Agreement, Agreement is released by rules, regulation or order of the Securities and Exchange Commission, such provision shall be deemed to incorporate the effect of such rule, regulation or order.

Appears in 1 contract

Samples: Investment Advisory Agreement (Tocqueville Trust)

QUESTIONS OF INTERPRETATION. Any question of interpretation of any term or provision ---------------------------- of this Agreement having a counterpart in or otherwise derived from a term or provision of the ICA, shall be resolved by reference to such term or provision of the ICA and to interpretations thereof, if any, by the United States courts or, in the absence of any controlling decision of any such court, by rules, regulations or orders of the Securities and Exchange Commission issued pursuant to the ICA. In addition, where the effect of a requirement of the ICA, reflected in any provision of this Agreement, is released related by rules, regulation or order of the Securities and Exchange Commission, such provision shall be deemed to incorporate the effect of such rule, regulation or order.

Appears in 1 contract

Samples: Investment Management Agreement (American Skandia Advisor Funds Inc)

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