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

RIGHT TO ENGAGE IN OTHER ACTIVITIES. (a) The services provided by the Advisor hereunder are not to be deemed exclusive. CMF on its own behalf and on behalf of the Funds 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 Funds. Nevertheless, 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 Program and will not affect the capacity of the Advisor to continue to render services to CMF for the Funds of the quality and nature contemplated by this Agreement. (b) Subject to all applicable laws and regulations, the Advisor or any of its affiliates or any person connected with the Advisor may invest in, directly or indirectly, or manage or advise other investment funds or accounts which invest in assets which may also be purchased or sold by the Funds or CMF. Neither the Advisor nor any of its affiliates or any person connected with it shall be under any obligation to offer investment opportunities of which any of them become aware to the Funds or CMF or to account to the Funds or CMF in respect of (or share with the Funds or CMF or inform the Funds or CMF of) any such transaction or any benefit received by any of them from any such transaction. (c) The Advisor shall use all reasonable endeavors to treat all the funds and accounts that it advises, including the Funds, fairly and equitably in complying with regulatory and exchange-imposed applicable speculative position limits as set by a regulatory authority with proper authority. The Advisor further represents, warrants and agrees that under no circumstances will it knowingly or deliberately use trading programs, strategies or methods for a Fund that are inferior to strategies or methods employed for any other client or account and that it will not knowingly or deliberately favor any client or account managed by it over any other client or account in any manner, it being acknowledged, however, that different trading programs, strategies or methods may be utilized for differing sizes of accounts, accounts with different trading policies or risk parameters, accounts experiencing differing inflows or outflows of equity, accounts which commence trading at different times, accounts 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. (d) 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 respective Funds. (e) Subject to Paragraph 1(d) of this Agreement, the Advisor agrees that it shall make such information available to CMF respecting the performance of other accounts managed by the Advisor or its principals, if any, as shall be reasonably requested by CMF to prepare composite performance information relating to the Advisor’s Program. The Advisor presently believes and represents that existing speculative position limits will not materially adversely affect its ability to manage any Fund’s account given the potential size of each Fund’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) The services provided by the Advisor hereunder are not to be deemed exclusive. CMF on its own behalf and on behalf of the Funds 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 Funds. Nevertheless, 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 Program and will not affect the capacity of the Advisor to continue to render services to CMF for the Funds of the quality and nature contemplated by this Agreement. (b) Subject to all applicable laws and regulations, the Advisor or any of its affiliates or any person connected with the Advisor may invest in, directly or indirectly, or manage or advise other investment funds or accounts which invest in assets which may also be purchased or sold by the Funds or CMF. Neither the Advisor nor any of its affiliates or any person connected with it shall be under any obligation to offer investment opportunities of which any of them become aware to the Funds or CMF or to account to the Funds or CMF in respect of (or share with the Funds or CMF or inform the Funds or CMF of) any such transaction or any benefit received by any of them from any such transaction. (c) The Advisor shall use all reasonable endeavors to treat all the funds and accounts that it advises, including the Funds, fairly and equitably in complying with regulatory and exchange-imposed applicable speculative position limits as set by a regulatory authority with proper authority. The Advisor further represents, warrants and agrees that under no circumstances will it knowingly or deliberately use trading programs, strategies or methods for a Fund that are inferior to strategies or methods employed for any other client or account and that it will not knowingly or deliberately favor any client or account managed by it over any other client or account in any manner, it being acknowledged, however, that different trading programs, strategies or methods may be utilized for differing sizes of accounts, accounts with different trading policies or risk parameters, accounts experiencing differing inflows or outflows of equity, accounts which commence trading at different times, accounts 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.. 7 (d) 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 respective Funds. (e) Subject to Paragraph 1(d) of this Agreement, the Advisor agrees that it shall make such information available to CMF respecting the performance of other accounts managed by the Advisor or its principals, if any, as shall be reasonably requested by CMF to prepare composite performance information relating to the Advisor’s Program. The Advisor presently believes and represents that existing speculative position limits will not materially adversely affect its ability to manage any Fund’s account given the potential size of each Fund’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. 5.