Common use of Representations by Adviser Clause in Contracts

Representations by Adviser. The Adviser represents and confirms that a) Adviser is registered as an investment adviser under the Advisers Act and is a fiduciary with respect to the Account, b) Adviser has the right, authority and legal capacity to enter into and perform her obligations under this Agreement including the authority to contract Third-Party Money Managers to create Adviser’s model portfolios and to manage Adviser’s portfolio strategies, c) Adviser has the authority to implement third party portfolio models for the clients, d) Adviser has the appropriate structure in place to structure third party portfolio models for the clients.