Common use of Right to Advise Others; Uniformity of Acts and Practices Clause in Contracts

Right to Advise Others; Uniformity of Acts and Practices. During the term of this Agreement, the Trading Advisor Parties shall, subject to the capacity undertaking set forth herein and the exclusivity undertaking of the Letter Agreement, be free to advise other investors as to the purchase and sale of commodity interests, to manage and trade other investors' commodity interests accounts and to trade for and on behalf of their own proprietary commodity interests accounts. However, under no circumstances shall any Trading Advisor Party favor any commodity interests account directed by any of them (regardless of the date on which they began or shall begin to direct such account) over the Fund's account, giving due consideration to the trading program which the Manager has requested the Trading Advisor to trade on behalf of the Fund. At the request of the Fund, the Trading Advisor shall promptly deliver to the Fund a satisfactory written explanation, in the judgment of the Fund, of the differences, if any, in the performance between the Fund's account and such other commodity interest accounts traded utilizing the same program or portfolio (subject to the need to preserve the confidentiality of proprietary information concerning the Trading Advisor's trading systems, methods, models, strategies and formulas and the identity of the Trading Advisor's clients).

Appears in 3 contracts

Samples: Advisory Agreement (ML Appleton FuturesAccess LLC), Advisory Agreement (ML Winton FuturesAccess LLC), Advisory Agreement (ML Cornerstone FuturesAccess LLC)

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Right to Advise Others; Uniformity of Acts and Practices. During the term of this Agreement, the Trading Advisor Parties shall, subject to the capacity undertaking set forth herein and the exclusivity undertaking of the Letter Agreement, be free to advise other investors as to the purchase and sale of commodity interests, to manage and trade other investors' commodity interests accounts and to trade for and on behalf of their own proprietary commodity interests accounts. However, under no circumstances shall any Trading Advisor Party favor any commodity interests account directed by any of them (regardless of the date on which they began or shall begin to direct such account) over the Fund's ’s account, giving due consideration to the trading program which the Manager has requested the Trading Advisor to trade on behalf of the FundProgram. At the request of the Fund, the Trading Advisor shall promptly deliver to the Fund a satisfactory written explanation, in the reasonable judgment of the Fund, of the differences, if any, in the performance between the Fund's ’s account and such other commodity interest accounts traded utilizing the same program or portfolio (subject to the need to preserve the confidentiality of proprietary information concerning the Trading Advisor's ’s trading systems, methods, models, strategies and formulas and the identity of the Trading Advisor's ’s clients).

Appears in 1 contract

Samples: Advisory Agreement (ML BlueTrend FuturesAccess LLC)

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Right to Advise Others; Uniformity of Acts and Practices. During the term of this Agreement, the Trading Advisor Parties shall, subject to the capacity undertaking set forth herein and the exclusivity undertaking of the Letter Agreement, be free to advise other investors as to the purchase and sale of commodity interests, to manage and trade other investors' commodity interests accounts and to trade for and on behalf of their own proprietary commodity interests accounts. However, under no circumstances shall any Trading Advisor Party favor any commodity interests account directed by any of them (regardless of the date on which they began or shall begin to direct such account) over the Fund's ’s account, giving due consideration to the trading program which the Manager has requested the Trading Advisor to trade on behalf of the Fund. At the request of the Fund, the Trading Advisor shall promptly deliver to the Fund a satisfactory written explanation, in the reasonable judgment of the Fund, of the differences, if any, in the performance between the Fund's ’s account and such other commodity interest accounts traded utilizing the same program or portfolio (subject to the need to preserve the confidentiality of proprietary information concerning the Trading Advisor's ’s trading systems, methods, models, strategies and formulas and the identity of the Trading Advisor's ’s clients).

Appears in 1 contract

Samples: Ml Futuresaccesssm Advisory Agreement (ML BlueTrend FuturesAccess LLC)

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