Common use of RIGHT TO ENGAGE IN OTHER ACTIVITIES Clause in Contracts

RIGHT TO ENGAGE IN OTHER ACTIVITIES. (a) Except as otherwise provided herein, the services provided by the Advisor hereunder are not to be deemed exclusive. CMF on its own behalf and on behalf of the Partnership acknowledges that, subject to the terms of this Agreement, the Advisor and its officers, directors, employees and shareholder(s), may render advisory, consulting and management services to other clients and accounts. The Advisor and its officers, directors, employees and shareholder(s) shall be free to trade for their own accounts and to advise other investors and manage other commodity accounts during the term of this Agreement and to use the same information, computer programs and trading strategies, programs or formulas which they obtain, produce or utilize in the performance of services to CMF for the Partnership. However, the Advisor represents, warrants and agrees that it believes the rendering of such consulting, advisory and management services to other accounts and entities will not require any material change in the Advisor’s basic trading strategies and will not affect the capacity of the Advisor to continue to render services to CMF for the Partnership of the quality and nature contemplated by this Agreement. (b) If, at any time during the term of this Agreement, the Advisor is required to aggregate the Partnership’s commodity positions with the positions of any other person for purposes of applying CFTC- or exchange-imposed speculative position limits, the Advisor agrees that it will promptly notify CMF in writing if the Partnership’s positions are included in an aggregate amount which exceeds the applicable speculative position limit. The Advisor agrees that, if its trading recommendations are altered because of the application of any speculative position limits, it will not modify the trading instructions with respect to the Partnership’s account in such manner as to affect the Partnership substantially disproportionately as compared with the Advisor’s other accounts. The Advisor further represents, warrants and agrees that under no circumstances will it knowingly or deliberately use trading programs, strategies or methods for the Partnership that are inferior to strategies or methods employed for any other client or account whose assets are traded pursuant to the Programs and that it will not knowingly or deliberately favor any client or account managed by it over any other client or account whose assets are traded pursuant to the Programs in any manner, it being acknowledged, however, that different trading programs, strategies or methods may be utilized for differing sizes of accounts, accounts traded with different degrees of leverage accounts with different trading policies, accounts experiencing differing inflows or outflows of equity, accounts that commence trading at different times, accounts that have different portfolios or different fiscal years, accounts utilizing different executing brokers and accounts with other differences, and that such differences may cause divergent trading results. (c) It is acknowledged that the Advisor and/or its officers, employees, directors and shareholder(s) presently act, and it is agreed that they may continue to act, as advisor for other accounts managed by them, and may continue to receive compensation with respect to services for such accounts in amounts which may be more or less than the amounts received from the Partnership. (d) The Advisor agrees that it shall make such information available to CMF respecting the performance of the Partnership’s account as compared to the performance of other accounts managed by the Advisor or its principals, if any, as shall be reasonably requested by CMF, provided that nothing contained herein shall be deemed to require the Advisor to disclose the names of other customers or information that the Advisor deems to be proprietary or confidential. The Advisor presently believes and represents that existing speculative position limits will not materially adversely affect its ability to manage the Partnership’s account given the potential size of the Partnership’s account and the Advisor’s and its principals’ current accounts and all proposed accounts for which they have contracted to act as trading advisor.

RIGHT TO ENGAGE IN OTHER ACTIVITIES. (a) Except as otherwise provided herein, the The services provided by the Advisor hereunder are not to be deemed exclusive. CMF on its own behalf and on behalf of the Partnership acknowledges that, subject to the terms of this Agreement, the Advisor and its officers, directorsmanager(s), employees and shareholder(s), member(s) may render advisory, consulting and management services to other clients and accounts. The Advisor and its officers, directorsmanager(s), employees and shareholder(smember(s) shall be free to trade for their own accounts and to advise other investors and manage other commodity accounts during the term of this Agreement and to use the same information, computer programs and trading strategies, programs or formulas which they obtain, produce or utilize in the performance of services to CMF for the Partnership. However, the Advisor represents, warrants and agrees that it believes the rendering of such consulting, advisory and management services to other accounts and entities will not require any material change in the Advisor’s basic trading strategies for the Partnership and will not affect the capacity of the Advisor to continue to render services to CMF for the Partnership of the quality and nature contemplated by this Agreement. (b) If, at any time during the term of this Agreement, the Advisor is required to aggregate the Partnership’s commodity positions with the positions of any other person for purposes of applying CFTC- CFTC‑, European Economic Area (“EEA”) regulator-, or exchange-imposed exchange‑imposed speculative position limits, the Advisor agrees that it will promptly notify CMF in writing if the Partnership’s positions are included in an aggregate amount which exceeds the applicable speculative position limit. The Advisor agrees that, if its trading recommendations are altered because of the application of any speculative position limits, it will not modify the trading instructions with respect to the Partnership’s account in such manner as to affect the Partnership substantially disproportionately as compared with the Advisor’s other accounts. The Advisor further represents, warrants and agrees that under no circumstances will it knowingly or deliberately use trading programs, strategies or methods for the Partnership that are inferior to strategies or methods employed for any other client or account whose assets are traded pursuant to the Programs and that it will not knowingly or deliberately favor any client or account managed by it over any other client or account whose assets are traded pursuant to the Programs in any manner, it being acknowledged, however, that different trading programs, strategies or methods may be utilized for differing sizes of accounts, accounts traded with different degrees of leverage accounts with different trading policiespolicies or risk parameters, accounts experiencing differing inflows or outflows of equity, accounts that commence trading at different times, accounts that have different portfolios or different fiscal years, accounts utilizing different executing brokers and accounts with other differences, and that such differences may cause divergent trading results. (c) It is acknowledged that the Advisor and/or its officers, employeesmanager(s), directors employees and shareholder(smember(s) presently act, and it is agreed that they may continue to act, as advisor for other accounts managed by them, and may continue to receive compensation with respect to services for such accounts in amounts which may be more or less than the amounts received from the Partnership. (d) The Advisor agrees that it shall make such information available to CMF respecting the performance of the Partnership’s account as compared to the performance of other accounts managed by the Advisor or its principals, if any, as shall be reasonably requested by CMF, provided that nothing contained herein shall be deemed to require the Advisor to disclose the names of other customers or information that the Advisor deems to be proprietary or confidential. The Advisor presently believes and represents that existing speculative position limits will not materially adversely affect its ability to manage the Partnership’s account given the potential size of the Partnership’s account and the Advisor’s and its principals’ current accounts and all proposed accounts for which they have contracted to act as trading advisor.

RIGHT TO ENGAGE IN OTHER ACTIVITIES. (a) Except as otherwise provided herein, the services provided by the Advisor hereunder are not to be deemed exclusive. CMF on its own behalf and on behalf of the Partnership acknowledges that, subject to the terms of this Agreement, the Advisor and its officers, directors, employees and shareholder(s), Parties may render advisory, consulting and management services to other clients and accounts. The Advisor and its officers, directors, employees and shareholder(s) Parties shall be free to trade for their own accounts and to advise other investors and manage other commodity accounts during the term of this Agreement and to use the same or different information, computer programs and trading strategies, programs or formulas which they obtain, produce or utilize in the performance of services to CMF for the Partnership. However, the Advisor represents, warrants and agrees that it believes the rendering of such consulting, advisory and management services commodity trading advice to other accounts and entities will not require any have a material change in adverse effect on the Advisor’s basic trading strategies and will not affect the capacity of the Advisor to continue ability to render services to CMF for the Partnership of the quality and nature Accounts as contemplated by this Agreement. (b) The Advisor has adopted an allocation policy that is reasonably designed to achieve a fair and equitable allocation of positions among the accounts managed or controlled by the Advisor over time (it being acknowledged that exact equality of treatment cannot be ensured in each and every instance), taking into account relevant differences among such accounts. Upon written request, CMF may request a copy of the Advisor’s procedures regarding the equitable treatment of trades across accounts. Such procedures shall be provided in writing to CMF within 30 days of such request by CMF. Except as otherwise set forth herein, the Advisor and its principals and affiliates agree to treat the Partnership in a fiduciary capacity to the extent recognized by applicable law. (c) If, at any time during the term of this Agreement, the Advisor is required to aggregate the Partnership’s or Master Fund’s commodity positions with the positions of any other person for purposes of applying CFTC- or exchange-imposed speculative position limits, the Advisor agrees that it will promptly notify CMF in writing if the Partnership’s or Master Fund’s positions are included in an aggregate amount which exceeds the applicable speculative position limit. The Advisor agrees that, if its trading recommendations are altered because of the application of any speculative position limits, it will not modify the trading instructions with respect to the Partnership’s account Accounts in such manner as to affect the Partnership or Master Fund substantially disproportionately as compared with the Advisor’s other accounts. The Advisor further represents, warrants and agrees that under no circumstances will it knowingly or deliberately use trading programs, strategies or methods for the Partnership and the Master Fund in implementing the Programs that are inferior to strategies or methods employed for any other client or account whose assets are traded pursuant to the Programs and that it will not knowingly or deliberately favor any client or account managed by it it, on an overall basis, over any other client or account whose assets are traded pursuant to the Programs in any manner, it being acknowledged, however, that that, among other factors, different trading programs, strategies or methods may be utilized for differing sizes of accounts, accounts traded with different degrees of leverage accounts with different trading policiespolicies or risk parameters (including the CMF Trading Policies), accounts experiencing differing inflows or outflows of equity, accounts that commence trading at different times, accounts that have different portfolios or different fiscal years, accounts utilizing different executing brokers brokers, accounts subject to different fee terms and accounting mechanics and accounts with other differences, and that such differences may cause divergent trading resultsresults between the Accounts and the Advisor’s other accounts, and such differences do not constitute knowingly and deliberately favoring one account over another. (cd) It is acknowledged CMF and the Partnership each acknowledge and agree that the Advisor and/or its officers, employees, directors and shareholder(s) Parties presently act, and it is agreed that they may continue to act, as advisor for other accounts managed by them, and may continue to receive compensation with respect to services for such accounts in amounts which may be more or less than the amounts received from the Partnership. (de) The Advisor agrees that it shall make such information available to CMF respecting the performance of the Partnership’s account Accounts as compared to the performance of other accounts managed by the Advisor or its principals, if any, as shall be reasonably requested in writing (including via email) by CMF, subject to the Advisor’s confidentiality obligations to the Advisor’s other accounts and provided that nothing contained herein shall be deemed to require the Advisor to disclose the names of other customers or information that the Advisor deems shall not be required to be disclose any client identities, client records, or other information that would violate any applicable legal or contractual restrictions applicable to the Advisor or any intellectual property or proprietary or confidentialinformation. The Advisor presently believes and represents that existing speculative position limits will not materially adversely affect its ability to manage the Partnership’s account Accounts given the potential size of the Partnership’s account Accounts and the Advisor’s and its principals’ current accounts and all proposed accounts for which they have contracted to act as trading advisor.

RIGHT TO ENGAGE IN OTHER ACTIVITIES. (a) Except as otherwise provided herein, the The services provided by the Advisor hereunder are not to be deemed exclusive. CMF SBFM on its own behalf and on behalf of the Partnership acknowledges that, subject to the terms of this Agreement, the Advisor and its principals, officers, directors, employees and shareholder(s), may render advisory, consulting and management services to other clients and accounts. The Advisor and its principals, officers, directors, employees and shareholder(s) shall be free to trade for their own accounts and to advise other investors and manage other commodity accounts during the term of this Agreement and to use the same and different information, computer programs and trading strategies, programs or formulas which they obtain, produce or utilize in the performance of services to CMF SBFM for the Partnership. The Partnership and SBFM acknowledge that all such trading for other accounts may increase the level of competition with respect to priorities of order entry and may restrict the ability of the Advisor to obtain or maintain positions in futures due to the application of CFTC or exchange imposed speculative position limits and daily trading limits. However, the Advisor represents, warrants and agrees that it believes the rendering of such consulting, advisory and management services to other accounts and entities will not require any material change in the Advisor’s 's basic trading strategies and will not affect the capacity of the Advisor to continue to render services to CMF SBFM for the Partnership of the quality and nature contemplated by this Agreement. (b) If, at any time during the term of this Agreement, the Advisor is required to aggregate the Partnership’s 's commodity positions with the positions of any other person for purposes of applying CFTC- or exchange-imposed speculative position limits, the Advisor agrees that it will promptly notify CMF in writing SBFM if the Partnership’s 's positions are included in an aggregate amount which exceeds the applicable speculative position limit. The Advisor agrees that, if its trading recommendations are materially altered because of the application of any speculative position limits, it will not modify the trading instructions with respect to the Partnership’s 's account in such a manner as to affect the Partnership substantially disproportionately as compared with the Advisor’s 's other accounts. The Advisor further represents, warrants and agrees that under no circumstances will it knowingly or deliberately use trading programs, strategies or methods for the Partnership that are inferior to strategies or methods employed for any other client or account whose assets are traded pursuant to the Programs and that it will not knowingly or deliberately favor any client or account managed by it over any other client or account whose assets are traded pursuant to the Programs in any manneron an overall basis, it being acknowledged, however, that different trading strategies, programs, strategies or methods and degrees of leverage may be utilized for differing sizes of accounts, accounts traded with different degrees of leverage accounts with different trading policiespolicies and restrictions, accounts experiencing differing inflows or outflows of equity, accounts that which commence trading at different times, accounts that which have different portfolios or different fiscal years, accounts utilizing different executing brokers and accounts with other differences, and that such differences may cause divergent trading results. SBFM and the Partnership further acknowledge that the Advisor offers another trading program than the Program which they have selected and that such other trading program may obtain more favorable results than the Program. (c) It is acknowledged that the Advisor and/or its principals, officers, employees, directors and shareholder(s) presently act, and it is agreed that they may continue to act, as advisor for other accounts managed by them, and may continue to receive compensation with respect to services for such accounts in amounts which may be more or less than the amounts received from the Partnership. (d) The Advisor agrees that it shall make such information available to CMF SBFM respecting the performance of the Partnership’s 's account as compared to the performance of other client accounts managed by the Advisor or its principals, if any, principals pursuant to the Program as shall be reasonably requested by CMF, provided that nothing contained herein shall be deemed to require the Advisor to disclose the names of other customers or information that the Advisor deems to be proprietary or confidentialSBFM. The Advisor presently believes and represents that existing speculative position limits will not materially adversely affect its ability to manage the Partnership’s 's account given the potential size of the Partnership’s 's account and the Advisor’s 's and its principals’ ' current accounts and all proposed accounts for which they have contracted to act as trading advisor.

RIGHT TO ENGAGE IN OTHER ACTIVITIES. (a) Except as otherwise provided herein, the services provided by the Advisor hereunder are not to be deemed exclusive. CMF on its own behalf and on behalf of the Partnership acknowledges that, subject to the terms of this Agreement, the Advisor and its officers, directors, employees and shareholder(s), may render advisory, consulting and management services to other clients and accounts. The Advisor and its officers, directors, employees and shareholder(s) shall be free to trade for their own accounts and to advise other investors and manage other commodity accounts during the term of this Agreement and to use the same information, computer programs and trading strategies, programs or formulas which they obtain, produce or utilize in the performance of services to CMF for the Partnership. However, the Advisor represents, warrants and agrees that it believes the rendering of such consulting, advisory and management services to other accounts and entities will not require any material change in the Advisor’s basic trading strategies Program and will not affect the capacity of the Advisor to continue to render services to CMF for the Partnership of the quality and nature contemplated by this Agreement. (b) If, at any time during the term of this Agreement, the Advisor is required to aggregate the Partnership’s commodity positions with the positions of any other person for purposes of applying CFTC- or exchange-imposed speculative position limits, the Advisor agrees that it will promptly notify CMF in writing if the Partnership’s positions are included in an aggregate amount which exceeds the applicable speculative position limit. The Advisor agrees that, if its trading recommendations are altered because of the application of any speculative position limits, it will not modify the trading instructions with respect to the Partnership’s account in such manner as to affect the Partnership substantially disproportionately as compared with the Advisor’s other accounts. The Advisor further represents, warrants and agrees that under no circumstances will it knowingly or deliberately use trading programs, strategies or methods for the Partnership that are inferior to strategies or methods employed for any other client or account whose assets are traded pursuant to the Programs Program and that it will not knowingly or deliberately favor any client or account managed by it over any other client or account whose assets are traded pursuant to the Programs Program in any manner, it being acknowledged, however, that different trading programs, strategies or methods may be utilized for differing sizes of accounts, accounts traded with different degrees of leverage accounts with different trading policies, accounts experiencing differing inflows or outflows of equity, accounts that commence trading at different times, accounts that have different portfolios or different fiscal years, accounts utilizing different executing brokers and accounts with other differences, and that such differences may cause divergent trading results. (c) It is acknowledged that the Advisor and/or its officers, employees, directors and shareholder(s) presently act, and it is agreed that they may continue to act, as advisor for other accounts managed by them, and may continue to receive compensation with respect to services for such accounts in amounts which may be more or less than the amounts received from the Partnership. (d) The Advisor agrees that it shall make such information available to CMF respecting the performance of the Partnership’s account as compared to the performance of other accounts managed by the Advisor or its principals, if any, as shall be reasonably requested by CMF, provided that nothing contained herein shall be deemed to require the Advisor to disclose the names of other customers or information that the Advisor deems to be proprietary or confidential. The Advisor presently believes and represents that existing speculative position limits will not materially adversely affect its ability to manage the Partnership’s account given the potential size of the Partnership’s account and the Advisor’s and its principals’ current accounts and all proposed accounts for which they have contracted to act as trading advisor.

RIGHT TO ENGAGE IN OTHER ACTIVITIES. (a) Except as otherwise provided herein, the The services provided by the Advisor hereunder are not to be deemed exclusive. CMF SBFM on its own behalf and on behalf of the Partnership acknowledges that, subject to the terms of this Agreement, the Advisor and its officers, directors, employees employees, shareholder(s) and shareholder(s)affiliates, may render advisory, consulting and management services to other clients and accounts. The Advisor and its principals, officers, directors, employees and employees, shareholder(s) and affiliates shall be free to trade for their own accounts and to advise other investors and manage other commodity accounts during the term of this Agreement and to use the same or different information, computer programs and trading strategies, programs or formulas which they obtain, produce or utilize in the performance of services to CMF SBFM for the Partnership. However, the Advisor represents, warrants and agrees that it believes the rendering of such consulting, advisory and management services to other accounts and entities will not require any material change in the Advisor’s 's basic trading strategies and will not affect the capacity of the Advisor to continue to render services to CMF SBFM for the Partnership of the quality and nature contemplated by this Agreement. (b) If, at any time during the term of this Agreement, the Advisor is required to aggregate the Partnership’s 's commodity positions with the positions of any other person for purposes of applying CFTC- or exchange-imposed speculative position limits, the Advisor agrees that it will promptly notify CMF in writing SBFM if the Partnership’s 's positions are included in an aggregate amount which exceeds the applicable speculative position limit. The Advisor agrees that, if its trading recommendations are altered because of the application of any speculative position limits, it will not modify the trading instructions with respect to the Partnership’s 's account in such manner as to affect the Partnership substantially disproportionately as compared with the Advisor’s 's other accounts. The Advisor further represents, warrants and agrees that under no circumstances will it knowingly or deliberately use trading programs, strategies or methods for the Partnership that are inferior to strategies or methods employed for any other client or account whose assets are traded pursuant to the Programs and that it will not knowingly or deliberately favor any client or account managed by it over any other client or account whose assets are traded pursuant to the Programs in any manner, it being acknowledged, however, that different trading programs, strategies or methods may be utilized for differing sizes of accounts, accounts traded with different degrees of leverage accounts with different trading policies, accounts experiencing differing inflows or outflows of equity, accounts that which commence trading at different times, accounts that which have different portfolios or different fiscal years, accounts utilizing different executing brokers and accounts with other differences, and that such differences may cause divergent trading results. (c) It is acknowledged that the Advisor and/or its principals, officers, employees, directors and directors, shareholder(s) and affiliates presently act, and it is agreed that they may continue to act, as advisor and broker for other accounts managed by them, and may continue to receive compensation with respect to services for such accounts in amounts which may be more or less than the amounts received from the Partnership. (d) The Advisor agrees that it shall make such information available to CMF SBFM on a confidential basis respecting the performance of the Partnership’s 's account as compared to the performance of other accounts managed by the Advisor or its principals, if any, principals as shall be reasonably requested by CMF, provided that nothing contained herein shall be deemed to require the Advisor to disclose the names of other customers or information that the Advisor deems to be proprietary or confidentialSBFM in writing. The Advisor presently believes and represents that existing speculative position limits will not materially adversely affect its ability to manage the Partnership’s 's account given the potential size of the Partnership’s 's account and the Advisor’s 's and its principals’ ' current accounts and all proposed accounts for which they have contracted to act as trading advisormanager.