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 Parties may render advisory, consulting and management services to other clients and accounts. The Advisor 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 commodity trading advice to other accounts will not have a material adverse effect on the Advisor’s ability to render services to the Account 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 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 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 methods for the Partnership in implementing the Program that is inferior to methods employed for any other client or account traded pursuant to the Program and that it will not knowingly or deliberately favor any client or account managed by it, on an overall basis, over any other client or account in any manner, it being acknowledged, however, that, among other factors, different trading programs, strategies or methods may be utilized for differing sizes of accounts, accounts with different trading policies or risk parameters (including the 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, accounts subject to different fee terms and accounting mechanics and accounts with other differences may cause divergent trading results between the Account and the Advisor’s other accounts, and such differences do not constitute knowingly and deliberately favoring one account over another. (d) CMF and the Partnership each acknowledge and agree that the Advisor Parties presently act, and 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. (e) The Advisor agrees that it shall make such information available to CMF respecting the performance of the Account 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 the Advisor shall not be required to 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 information. The Advisor presently believes and represents that existing speculative position limits will not materially adversely affect its ability to manage the Account given the potential size of the Account and the Advisor’s and its principals’ current accounts and all proposed accounts for which they have contracted to act as trading advisor.
Appears in 1 contract
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 Parties and its officers, directors, employees and shareholder(s), may render advisory, consulting and management services to other clients and accounts. The Advisor Parties 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 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 commodity trading advice such consulting, advisory and management services to other accounts and entities will not have a require any material adverse effect on change in the Advisor’s ability Program and will not affect the capacity of the Advisor to continue to render services to CMF for the Account as Partnership of the quality and nature 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 commodity positions with the positions of any other person for purposes of applying CFTC‑ CFTC- 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 Account 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 in implementing the Program that is are inferior to strategies or methods employed for any other client or account whose assets are traded pursuant to the Program and that it will not knowingly or deliberately favor any client or account managed by it, on an overall basis, it over any other client or account whose assets are traded pursuant to the Program in any manner, it being acknowledged, however, that, among other factors, 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 or risk parameters (including the Trading Policies)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, accounts subject to different fee terms and accounting mechanics brokers and accounts with other differences, and that such differences may cause divergent trading results between the Account and the Advisor’s other accounts, and such differences do not constitute knowingly and deliberately favoring one account over anotherresults.
(dc) CMF and the Partnership each acknowledge and agree It is acknowledged that the Advisor Parties 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.
(ed) The Advisor agrees that it shall make such information available to CMF respecting the performance of the Account 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 in writing (including via email) by CMF, subject provided that nothing contained herein shall be deemed to require the Advisor’s confidentiality obligations Advisor to disclose the Advisor’s names of other accounts and provided customers or information that the Advisor shall not deems to be required to disclose any client identities, client records, proprietary or other information that would violate any applicable legal or contractual restrictions applicable to the Advisor or any intellectual property or proprietary informationconfidential. The Advisor presently believes and represents that existing speculative position limits will not materially adversely affect its ability to manage the Account Partnership’s account given the potential size of the Account 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.
Appears in 1 contract
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 Parties and its principals, officers, directors, employees and shareholder(s), may render advisory, consulting and management services to other clients and accounts. The Advisor Parties 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 or 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 commodity trading advice such consulting, advisory and management services to other accounts and entities will not have a require any material adverse effect on change in the Advisor’s ability 's basic trading strategies and will not affect the capacity of the Advisor to continue to render services to SBFM for the Account as Partnership of the quality and nature 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 's commodity positions with the positions of any other person for purposes of applying CFTC‑ CFTC- or exchange‑imposed 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 Account Partnership'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 strategies or methods for the Partnership in implementing the Program that is are inferior to strategies or methods employed for any other client or account traded pursuant to the Program and that it will not knowingly or deliberately favor any client or account managed by it, on an overall basis, it over any other client or account in any manneron an overall basis, it being acknowledged, however, that, among other factors, that different trading strategies, programs, strategies or methods and degrees of leverage may be utilized for differing sizes of accounts, accounts with different trading policies or risk parameters (including the Trading Policies)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, accounts subject to different fee terms and accounting mechanics brokers and accounts with other differences, and that such differences may cause divergent trading results between the Account results. SBFM and the Advisor’s Partnership further acknowledge that the Advisor offers another trading program than the Program which they have selected and that such other accounts, and such differences do not constitute knowingly and deliberately favoring one account over anothertrading program may obtain more favorable results than the Program.
(dc) CMF and the Partnership each acknowledge and agree It is acknowledged that the Advisor Parties 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.
(ed) The Advisor agrees that it shall make such information available to CMF SBFM respecting the performance of the Account Partnership'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 in writing (including via email) by CMF, subject to the Advisor’s confidentiality obligations to the Advisor’s other accounts and provided that the Advisor shall not be required to 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 informationSBFM. The Advisor presently believes and represents that existing speculative position limits will not materially adversely affect its ability to manage the Account Partnership's account given the potential size of the Account Partnership'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.
Appears in 1 contract
Samples: Management Agreement (Smith Barney Diversified Futures Fund L P Ii)
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 Parties and its officers, manager(s), employees and member(s) may render advisory, consulting and management services to other clients and accounts. The Advisor Parties and its officers, manager(s), employees and member(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 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 commodity trading advice such consulting, advisory and management services to other accounts and entities will not have a require any material adverse effect on change in the Advisor’s ability basic trading strategies for the Partnership and will not affect the capacity of the Advisor to continue to render services to CMF for the Account as Partnership of the quality and nature 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 commodity positions with the positions of any other person for purposes of applying CFTC‑ CFTC‑, European Economic Area (“EEA”) regulator-, 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 Account 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 in implementing the Program that is are inferior to strategies or methods employed for any other client or account traded pursuant to the Program and that it will not knowingly or deliberately favor any client or account managed by it, on an overall basis, it over any other client or account in any manner, it being acknowledged, however, that, among other factors, that different trading programs, strategies or methods may be utilized for differing sizes of accounts, accounts with different trading policies or risk parameters (including the Trading Policies)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, accounts subject to different fee terms and accounting mechanics brokers and accounts with other differences, and that such differences may cause divergent trading results between the Account and the Advisor’s other accounts, and such differences do not constitute knowingly and deliberately favoring one account over anotherresults.
(dc) CMF and the Partnership each acknowledge and agree It is acknowledged that the Advisor Parties and/or its officers, manager(s), employees and member(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.
(ed) The Advisor agrees that it shall make such information available to CMF respecting the performance of the Account 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 in writing (including via email) by CMF, subject to the Advisor’s confidentiality obligations to the Advisor’s other accounts and provided that the Advisor shall not be required to 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 information. The Advisor presently believes and represents that existing speculative position limits will not materially adversely affect its ability to manage the Account Partnership’s account given the potential size of the Account 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.
Appears in 1 contract
Samples: Management Agreement (Ceres Tactical Commodity L.P.)
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 Parties and its officers, directors, employees, shareholder(s) and affiliates, may render advisory, consulting and management services to other clients and accounts. The Advisor Parties and its principals, officers, directors, 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 commodity trading advice such consulting, advisory and management services to other accounts and entities will not have a require any material adverse effect on change in the Advisor’s ability 's basic trading strategies and will not affect the capacity of the Advisor to continue to render services to SBFM for the Account as Partnership of the quality and nature 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 's commodity positions with the positions of any other person for purposes of applying CFTC‑ CFTC- or exchange‑imposed 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 Account Partnership'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 strategies or methods for the Partnership in implementing the Program that is are inferior to strategies or methods employed for any other client or account traded pursuant to the Program and that it will not knowingly or deliberately favor any client or account managed by it, on an overall basis, it over any other client or account in any manner, it being acknowledged, however, that, among other factors, that different trading programs, strategies or methods may be utilized for differing sizes of accounts, accounts with different trading policies or risk parameters (including the Trading Policies)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, accounts subject to different fee terms and accounting mechanics brokers and accounts with other differences, and that such differences may cause divergent trading results between the Account and the Advisor’s other accounts, and such differences do not constitute knowingly and deliberately favoring one account over anotherresults.
(dc) CMF and the Partnership each acknowledge and agree It is acknowledged that the Advisor Parties and/or its principals, officers, employees, 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.
(ed) The Advisor agrees that it shall make such information available to CMF SBFM on a confidential basis respecting the performance of the Account Partnership'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 SBFM in writing (including via email) by CMF, subject to the Advisor’s confidentiality obligations to the Advisor’s other accounts and provided that the Advisor shall not be required to 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 informationwriting. The Advisor presently believes and represents that existing speculative position limits will not materially adversely affect its ability to manage the Account Partnership's account given the potential size of the Account Partnership'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.
Appears in 1 contract
Samples: Management Agreement (Smith Barney Diversified Futures Fund Lp)
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 Parties may render advisory, consulting and management services to other clients and accounts. The Advisor 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 commodity trading advice to other accounts will not have a material adverse effect on the Advisor’s ability to render services to the Account 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‑ CFTC- or exchange‑imposed 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 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 methods for the Partnership and the Master Fund in implementing the Program Programs that is are inferior to methods employed for any other client or account traded pursuant to the Program Programs and that it will not knowingly or deliberately favor any client or account managed by it, on an overall basis, over any other client or account in any manner, it being acknowledged, however, that, among other factors, different trading programs, strategies or methods may be utilized for differing sizes of accounts, accounts with different trading policies 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, accounts subject to different fee terms and accounting mechanics and accounts with other differences may cause divergent trading results between the Account Accounts and the Advisor’s other accounts, and such differences do not constitute knowingly and deliberately favoring one account over another.
(d) CMF and the Partnership each acknowledge and agree that the Advisor Parties presently act, and 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.
(e) The Advisor agrees that it shall make such information available to CMF respecting the performance of the 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 the Advisor shall not be required to 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 information. The Advisor presently believes and represents that existing speculative position limits will not materially adversely affect its ability to manage the Account Accounts given the potential size of the 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.
Appears in 1 contract
Samples: Management Agreement (Ceres Tactical Systematic L.P.)
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 Parties and its officers, directors, employees and shareholder(s), may render advisory, consulting and management services to other clients and accounts. The Advisor Parties 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 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 commodity trading advice such consulting, advisory and management services to other accounts and entities will not have a require any material adverse effect on change in the Advisor’s ability basic trading strategies and will not affect the capacity of the Advisor to continue to render services to CMF for the Account as Partnership of the quality and nature 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 commodity positions with the positions of any other person for purposes of applying CFTC‑ CFTC- 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 Account 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 in implementing the Program that is are inferior to strategies or methods employed for any other client or account whose assets are traded pursuant to the Program Programs and that it will not knowingly or deliberately favor any client or account managed by it, on an overall basis, it over any other client or account whose assets are traded pursuant to the Programs in any manner, it being acknowledged, however, that, among other factors, 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 or risk parameters (including the Trading Policies)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, accounts subject to different fee terms and accounting mechanics brokers and accounts with other differences, and that such differences may cause divergent trading results between the Account and the Advisor’s other accounts, and such differences do not constitute knowingly and deliberately favoring one account over anotherresults.
(dc) CMF and the Partnership each acknowledge and agree It is acknowledged that the Advisor Parties 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.
(ed) The Advisor agrees that it shall make such information available to CMF respecting the performance of the Account 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 in writing (including via email) by CMF, subject provided that nothing contained herein shall be deemed to require the Advisor’s confidentiality obligations Advisor to disclose the Advisor’s names of other accounts and provided customers or information that the Advisor shall not deems to be required to disclose any client identities, client records, proprietary or other information that would violate any applicable legal or contractual restrictions applicable to the Advisor or any intellectual property or proprietary informationconfidential. The Advisor presently believes and represents that existing speculative position limits will not materially adversely affect its ability to manage the Account Partnership’s account given the potential size of the Account 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.
Appears in 1 contract