Common use of Scope of Investment Authority Clause in Contracts

Scope of Investment Authority. (a) The Subadviser is hereby authorized, on a discretionary basis, to manage the investments and determine the composition of the assets of the Fund, subject at all times to (i) the supervision and control of the Trustees, (ii) the requirements of the Investment Company Act of 1940, as amended (the “Investment Company Act”) and the rules thereunder, (iii) the investment objective, policies and limitations, as provided in the Fund’s Prospectus and other governing documents, and (iv) such instructions, policies and limitations relating to the Fund and/or the performance of oversight of the Subadviser’s duties hereunder as the Trustees or Manager may from time to time adopt and communicate in writing to Subadviser. Notwithstanding anything herein to the contrary, Subadviser is not authorized to take any action, including the purchase and sale of portfolio securities, in contravention of any restriction, limitation, objective, policy or instruction described in the previous sentence. (b) It is understood and agreed that, for so long as this Agreement shall remain in effect, Subadviser shall retain discretionary investment authority over the manner in which the Fund’s assets are invested, and Manager shall not have the right to overrule any investment decision with respect to a particular security made by Subadviser, provided that the Trustees and Manager shall at all times have the right to monitor the Fund’s investment activities and performance, require Subadviser to make reports and give explanations as to the manner in which the Fund’s assets are being invested, and, should either Manager or the Trustees become dissatisfied with Subadviser’s performance in any way, terminate this Agreement in accordance with the provisions of Section 8.2 hereof.

Appears in 179 contracts

Samples: Sub Advisory Agreement (Fidelity Concord Street Trust), Sub Advisory Agreement (Fidelity Concord Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust)

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Scope of Investment Authority. (a) The Subadviser is hereby authorized, on a discretionary basis, to manage the investments and determine the composition of the assets of the FundPortfolio, subject at all times to (i) the supervision and control of the Trustees, (ii) the requirements of the Investment Company Act of 1940, as amended (the “Investment Company Act”) and the rules thereunder, (iii) the investment objective, policies and limitations, as provided in the FundPortfolio’s Prospectus and other governing documents, and (iv) such instructions, policies and limitations relating to the Fund Portfolio and/or the performance of oversight of the Subadviser’s duties hereunder as the Trustees or Manager may from time to time adopt and communicate in writing to Subadviser. Notwithstanding anything herein to the contrary, Subadviser is not authorized to take any action, including the purchase and sale of portfolio securities, in contravention of any restriction, limitation, objective, policy or instruction described in the previous sentence. (b) It is understood and agreed that, for so long as this Agreement shall remain in effect, Subadviser shall retain discretionary investment authority over the manner in which the FundPortfolio’s assets are invested, and Manager shall not have the right to overrule any investment decision with respect to a particular security made by Subadviser, provided that the Trustees and Manager shall at all times have the right to monitor the FundPortfolio’s investment activities and performance, require Subadviser to make reports and give explanations as to the manner in which the FundPortfolio’s assets are being invested, and, should either Manager or the Trustees become dissatisfied with Subadviser’s performance in any way, terminate this Agreement in accordance with the provisions of Section 8.2 hereof.

Appears in 83 contracts

Samples: Sub Advisory Agreement (Fidelity Salem Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust)

Scope of Investment Authority. (a) The Subadviser is hereby authorized, on a discretionary basis, to manage the investments and determine the composition of the assets of the FundPortfolio, subject at all times to (i) the supervision and control of the Trustees, (ii) the requirements of the Investment Company Act of 1940, as amended (the "Investment Company Act") and the rules thereunder, (iii) the investment objective, policies and limitations, as provided in the Fund’s Portfolio's Prospectus and other governing documents, and (iv) such instructions, policies and limitations relating to the Fund Portfolio and/or the performance of oversight of the Subadviser’s 's duties hereunder as the Trustees or Manager may from time to time adopt and communicate in writing to Subadviser. Notwithstanding anything herein to the contrary, Subadviser is not authorized to take any action, including the purchase and sale of portfolio securities, in contravention of any restriction, limitation, objective, policy or instruction described in the previous sentence. (b) It is understood and agreed that, for so long as this Agreement shall remain in effect, Subadviser shall retain discretionary investment authority over the manner in which the Fund’s Portfolio's assets are invested, and Manager shall not have the right to overrule any investment decision with respect to a particular security made by Subadviser, provided that the Trustees and Manager shall at all times have the right to monitor the Fund’s Portfolio's investment activities and performance, require Subadviser to make reports and give explanations as to the manner in which the Fund’s Portfolio's assets are being invested, and, should either Manager or the Trustees become dissatisfied with Subadviser’s 's performance in any way, terminate this Agreement in accordance with the provisions of Section 8.2 hereof.

Appears in 46 contracts

Samples: Sub Advisory Agreement (Fidelity Concord Street Trust), Sub Advisory Agreement (Fidelity Concord Street Trust), Sub Advisory Agreement (Fidelity Concord Street Trust)

Scope of Investment Authority. (a) The Subadviser Sub-adviser is hereby authorized, on a discretionary basis, to manage the investments and determine the composition of the assets of the FundPortfolio, subject at all times to (i) the supervision and control of the Trustees, (ii) the requirements of the Investment Company Act of 1940, as amended (the “Investment Company Act”) and the rules thereunder, (iii) the investment objective, policies and limitations, as provided in the FundPortfolio’s Prospectus and other governing documents, and (iv) such instructions, policies and limitations relating to the Fund Portfolio and/or the performance of oversight of the SubadviserSub-adviser’s duties hereunder as the Trustees or Manager may from time to time adopt and communicate in writing to SubadviserSub-adviser. Notwithstanding anything herein to the contrary, Subadviser Sub-adviser is not authorized to take any action, including the purchase and sale of portfolio securities, in contravention of any restriction, limitation, objective, policy or instruction described in the previous sentence. (b) It is understood and agreed that, for so long as this Agreement shall remain in effect, Subadviser Sub-adviser shall retain discretionary investment authority over the manner in which the FundPortfolio’s assets are invested, and Manager shall not have the right to overrule any investment decision with respect to a particular security made by SubadviserSub-adviser, provided that the Trustees and Manager shall at all times have the right to monitor the FundPortfolio’s investment activities and performance, require Subadviser Sub-adviser to make reports and give explanations as to the manner in which the FundPortfolio’s assets are being invested, and, should either Manager or the Trustees become dissatisfied with SubadviserSub-adviser’s performance in any way, terminate this Agreement in accordance with the provisions of Section 8.2 hereof.

Appears in 35 contracts

Samples: Sub Advisory Agreement (Fidelity Commonwealth Trust II), Sub Advisory Agreement (Fidelity Commonwealth Trust II), Sub Advisory Agreement (Fidelity Commonwealth Trust II)

Scope of Investment Authority. (a) The Subadviser is hereby authorized, on a discretionary basis, to manage the investments and determine the composition of the assets of the Fund, subject at all times to (i) the supervision and control of the Trustees, (ii) the requirements of the Investment Company Act of 1940, as amended (the "Investment Company Act") and the rules thereunder, (iii) the investment objective, policies and limitations, as provided in the Fund’s 's Prospectus and other governing documents, and (iv) such instructions, policies and limitations relating to the Fund and/or the performance of oversight of the Subadviser’s 's duties hereunder as the Trustees or Manager may from time to time adopt and communicate in writing to Subadviser. Notwithstanding anything herein to the contrary, Subadviser is not authorized to take any action, including the purchase and sale of portfolio securities, in contravention of any restriction, limitation, objective, policy or instruction described in the previous sentence. (b) It is understood and agreed that, for so long as this Agreement shall remain in effect, Subadviser shall retain discretionary investment authority over the manner in which the Fund’s 's assets are invested, and Manager shall not have the right to overrule any investment decision with respect to a particular security made by Subadviser, provided that the Trustees and Manager shall at all times have the right to monitor the Fund’s 's investment activities and performance, require Subadviser to make reports and give explanations as to the manner in which the Fund’s 's assets are being invested, and, should either Manager or the Trustees become dissatisfied with Subadviser’s 's performance in any way, terminate this Agreement in accordance with the provisions of Section 8.2 hereof.

Appears in 32 contracts

Samples: Sub Advisory Agreement (Fidelity Salem Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust)

Scope of Investment Authority. (a) The Subadviser is hereby authorized, on a discretionary basis, to manage the investments and determine the composition of the assets of the Fund, subject at all times to (i) the supervision and control of the Trustees, (ii) the requirements of the Investment Company Act of 1940, as amended (the “Investment Company Act”) and the rules thereunder, (iii) the investment objective, policies and limitations, as provided in the Fund’s Prospectus and other governing documents, and (iv) such instructions, policies and limitations relating to the Fund and/or the performance of oversight of the Subadviser’s duties hereunder as the Trustees or Manager may from time to time adopt and communicate in writing to Subadviser. Notwithstanding anything herein to the contrary, Subadviser is not authorized to take any action, including the purchase and sale of portfolio securities, in contravention of any restriction, limitation, objective, policy or instruction described in the previous sentence. (b) It is understood and agreed that, for so long as this Agreement shall remain in effect, Subadviser shall retain discretionary investment authority over the manner in which the Fund’s assets are invested, and Manager shall not have the right to overrule any investment decision with respect to a particular security made by Subadviser, provided that the Trustees and Manager shall at all times have the right to monitor the Fund’s investment activities and performance, require Subadviser to make reports and give explanations as to the manner in which the Fund’s assets are being invested, and, should either Manager or the Trustees become dissatisfied with Subadviser’s performance in any way, terminate this Agreement in accordance with the provisions of Section 8.2 9.2 hereof.

Appears in 30 contracts

Samples: Sub Advisory Agreement (Fidelity Covington Trust), Sub Advisory Agreement (Fidelity Covington Trust), Sub Advisory Agreement (Fidelity Covington Trust)

Scope of Investment Authority. (a) The Subadviser is hereby authorized, on a discretionary basis, to manage the investments and determine the composition of the assets of the FundPortfolio, subject at all times to (i) the supervision and control of the Trustees, (ii) the requirements of the Investment Company Act of 1940, as amended (the "Investment Company Act") and the rules thereunder, (iii) the investment objective, policies and limitations, as provided in the Fund’s Portfolio's Prospectus and other governing documents, and (iv) such instructions, policies and limitations relating to the Fund and/or the performance of oversight of the Subadviser’s duties hereunder Portfolio as the Trustees or Manager may from time to time adopt and communicate in writing to Subadviser. Notwithstanding anything herein to the contrary, Subadviser is not authorized to take any action, including the purchase and sale of portfolio securities, in contravention of any restriction, limitation, objective, policy or instruction described in the previous sentence. (b) It is understood and agreed that, for so long as this Agreement shall remain in effect, Subadviser shall retain discretionary investment authority over the manner in which the Fund’s Portfolio's assets are invested, and Manager shall not have the right to overrule any investment decision with respect to a particular security made by Subadviser, provided that the Trustees and Manager shall at all times have the right to monitor the Fund’s Portfolio's investment activities and performance, require Subadviser to make reports and give explanations as to the manner in which the Fund’s Portfolio's assets are being invested, and, should either Manager or the Trustees become dissatisfied with Subadviser’s 's performance in any way, terminate this Agreement in accordance with the provisions of Section 8.2 hereof.

Appears in 21 contracts

Samples: Subadvisory Agreement (Fidelity Concord Street Trust), Subadvisory Agreement (Fidelity Concord Street Trust), Subadvisory Agreement (Fidelity Concord Street Trust)

Scope of Investment Authority. (a) The Subadviser is hereby authorized, on a discretionary basis, to manage the investments and determine the composition of the assets of the Fund, subject at all times to (i) the supervision and control of the Trustees, (ii) the requirements of the Investment Company Act of 1940, as amended (the “Investment Company ActAct ”) and the rules thereunder, (iii) the investment objective, policies and limitations, as provided in the FundFund ’s Prospectus and other governing documents, and (iv) such instructions, policies and limitations relating to the Fund and/or the performance of oversight of the SubadviserSubadviser ’s duties hereunder as the Trustees or Manager may from time to time adopt and communicate in writing to Subadviser. Notwithstanding anything herein to the contrary, Subadviser is not authorized to take any action, including the purchase and sale of portfolio securities, in contravention of any restriction, limitation, objective, policy or instruction described in the previous sentence. (b) It is understood and agreed that, for so long as this Agreement shall remain in effect, Subadviser shall retain discretionary investment authority over the manner in which the FundFund ’s assets are invested, and Manager shall not have the right to overrule any investment decision with respect to a particular security made by Subadviser, provided that the Trustees and Manager shall at all times have the right to monitor the FundFund ’s investment activities and performance, require Subadviser to make reports and give explanations as to the manner in which the FundFund ’s assets are being invested, and, should either Manager or the Trustees become dissatisfied with SubadviserSubadviser ’s performance in any way, terminate this Agreement in accordance with the provisions of Section 8.2 hereof.

Appears in 17 contracts

Samples: Sub Advisory Agreement (Variable Insurance Products Fund Ii), Sub Advisory Agreement (Variable Insurance Products Fund Ii), Sub Advisory Agreement (Variable Insurance Products Fund Ii)

Scope of Investment Authority. (a) The Subadviser Sub-adviser is hereby authorized, on a discretionary basis, to manage the investments and determine the composition of the assets of the FundPortfolio, subject at all times to (i) the supervision and control of the Trustees, (ii) the requirements of the Investment Company Act of 1940, as amended (the "Investment Company Act") and the rules thereunder, (iii) the investment objective, policies and limitations, as provided in the Fund’s Portfolio's Prospectus and other governing documents, and (iv) such instructions, policies and limitations relating to the Fund Portfolio and/or the performance of oversight of the Subadviser’s Sub-adviser's duties hereunder as the Trustees or Manager may from time to time adopt and communicate in writing to SubadviserSub-adviser. Notwithstanding anything herein to the contrary, Subadviser Sub-adviser is not authorized to take any action, including the purchase and sale of portfolio securities, in contravention of any restriction, limitation, objective, policy or instruction described in the previous sentence. (b) It is understood and agreed that, for so long as this Agreement shall remain in effect, Subadviser Sub-adviser shall retain discretionary investment authority over the manner in which the Fund’s Portfolio's assets are invested, and Manager shall not have the right to overrule any investment decision with respect to a particular security made by SubadviserSub-adviser, provided that the Trustees and Manager shall at all times have the right to monitor the Fund’s Portfolio's investment activities and performance, require Subadviser Sub-adviser to make reports and give explanations as to the manner in which the Fund’s Portfolio's assets are being invested, and, should either Manager or the Trustees become dissatisfied with Subadviser’s Sub-adviser's performance in any way, terminate this Agreement in accordance with the provisions of Section 8.2 hereof.

Appears in 15 contracts

Samples: Sub Advisory Agreement (Fidelity Commonwealth Trust II), Sub Advisory Agreement (Fidelity Commonwealth Trust II), Sub Advisory Agreement (Fidelity Commonwealth Trust II)

Scope of Investment Authority. (a) The Subadviser is hereby authorized, on a discretionary basis, to manage the investments and determine the composition of the assets of the FundPortfolio, subject at all times to (i) the supervision and control of the Trustees, (ii) the requirements of the Investment Company Act of 1940, as amended (the "Investment Company Act") and the rules thereunder, (iii) the investment objective, policies and limitations, as provided in the Fund’s Portfolio's Prospectus and other governing documents, and (iv) such instructions, policies and limitations relating to the Fund and/or the performance of oversight of the Subadviser’s duties hereunder Portfolio as the Trustees or Manager may from time to time adopt and communicate in writing to Subadviser. Notwithstanding anything herein to the contrary, Subadviser is not authorized to take any action, including the purchase and sale of portfolio securities, in contravention of any restriction, limitation, objective, policy or instruction described in the previous sentence. (b) It is understood and agreed that, for so long as this Agreement shall remain in effect, Subadviser shall retain discretionary investment authority over the manner in which the Fund’s Portfolio's assets are invested, and Manager shall not have the right to overrule any investment decision with respect to a particular security made by Subadviser, provided that the Trustees and Manager shall at all times have the right to monitor the Fund’s Portfolio's investment activities and performance, require Subadviser to make reports and give explanations as to the manner in which the Fund’s Portfolio's assets are being invested, and, should either Manager or the Trustees become dissatisfied with Subadviser’s 's performance in any way, terminate this Agreement in accordance with the provisions of Section 8.2 9.2 hereof.

Appears in 6 contracts

Samples: Subadvisory Agreement (Fidelity Concord Street Trust), Subadvisory Agreement (Fidelity Concord Street Trust), Subadvisory Agreement (Fidelity Concord Street Trust)

Scope of Investment Authority. (a) The Subadviser is hereby authorized, on a discretionary basis, to manage the investments and determine the composition of the assets of the FundPortfolio, subject at all times to (i) the supervision and control of the Trustees, (ii) the requirements of the Investment Company Act of 1940, as amended (the “Investment Company ActAct ”) and the rules thereunder, (iii) the investment objective, policies and limitations, as provided in the FundPortfolio ’s Prospectus and other governing documents, and (iv) such instructions, policies and limitations relating to the Fund Portfolio and/or the performance of oversight of the SubadviserSubadviser ’s duties hereunder as the Trustees or Manager may from time to time adopt and communicate in writing to Subadviser. Notwithstanding anything herein to the contrary, Subadviser is not authorized to take any action, including the purchase and sale of portfolio securities, in contravention of any restriction, limitation, objective, policy or instruction described in the previous sentence. (b) It is understood and agreed that, for so long as this Agreement shall remain in effect, Subadviser shall retain discretionary investment authority over the manner in which the FundPortfolio ’s assets are invested, and Manager shall not have the right to overrule any investment decision with respect to a particular security made by Subadviser, provided that the Trustees and Manager shall at all times have the right to monitor the FundPortfolio ’s investment activities and performance, require Subadviser to make reports and give explanations as to the manner in which the FundPortfolio ’s assets are being invested, and, should either Manager or the Trustees become dissatisfied with SubadviserSubadviser ’s performance in any way, terminate this Agreement in accordance with the provisions of Section 8.2 hereof.

Appears in 5 contracts

Samples: Sub Advisory Agreement (Variable Insurance Products Fund Ii), Sub Advisory Agreement (Fidelity Salem Street Trust), Sub Advisory Agreement (Fidelity Salem Street Trust)

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Scope of Investment Authority. (a) The Subadviser is hereby authorized, on a discretionary basis, to manage the investments and determine the composition of the assets of the Fund, subject at all times to (i) the supervision and control of the TrusteesDirectors, (ii) the requirements of the Investment Company Act of 1940, as amended (the “Investment Company Act”) and the rules thereunder, (iii) the investment objective, policies and limitations, as provided in the Fund’s Prospectus registration statement and other governing documentsinstruments, as amended from time to time, (iv) the Limited Liability Company Agreement of the Company, as amended from time to time, and (ivv) such instructions, policies and limitations relating to the Fund and/or the performance of oversight of the Subadviser’s duties hereunder as the Trustees Directors or Manager may from time to time adopt and communicate in writing to Subadviser. Notwithstanding anything herein to the contrary, Subadviser is not authorized to take any action, including the purchase and sale of portfolio securities, in contravention of any restriction, limitation, objective, policy or instruction described in the previous sentence. (b) It is understood and agreed that, for so long as this Agreement shall remain in effect, Subadviser shall retain discretionary investment authority over the manner in which the Fund’s assets are invested, and Manager shall not have the right to overrule any investment decision with respect to a particular security made by Subadviser, provided that the Trustees Directors and Manager shall at all times have the right to monitor the Fund’s investment activities and performance, require Subadviser to make reports and give explanations as to the manner in which the Fund’s assets are being invested, and, should either Manager or the Trustees Directors become dissatisfied with Subadviser’s performance in any way, terminate this Agreement in accordance with the provisions of Section 8.2 hereof.

Appears in 5 contracts

Samples: Sub Advisory Agreement (Fidelity Master Portfolios LLC), Sub Advisory Agreement (Fidelity Master Portfolios LLC), Sub Advisory Agreement (Fidelity Master Portfolios LLC)

Scope of Investment Authority. (a) The Subadviser is hereby authorized, on a discretionary basis, to manage the investments and determine the composition of the assets of the FundPortfolio, subject at all times to (i) the supervision and control of the Trustees, (ii) the requirements of the Investment Company Act of 19401940 and rules thereunder, as amended from time to time (the "Investment Company Act”) and the rules thereunder"), (iii) the investment objective, policies and limitations, as provided in the Fund’s Portfolio's Prospectus and other governing documents, and (iv) such instructions, policies and limitations relating to the Fund and/or the performance of oversight of the Subadviser’s duties hereunder Portfolio as the Trustees or Manager may from time to time adopt and communicate in writing to Subadviser. Notwithstanding anything herein to the contrary, Subadviser is not authorized to take any action, including the purchase and sale of portfolio securities, in contravention of any restriction, limitation, objective, policy or instruction described in the previous sentence. (b) It is understood and agreed that, for so long as this Agreement shall remain in effect, Subadviser shall retain discretionary investment authority over the manner in which the Fund’s Portfolio's assets are invested, and Manager shall not have the right to overrule any investment decision with respect to a particular security made by Subadviser, provided that the Trustees and Manager shall at all times have the right to monitor the Fund’s Portfolio's investment activities and performance, require Subadviser to make reports and give explanations as to the manner in which the Fund’s Portfolio's assets are being invested, and, should either Manager or the Trustees become dissatisfied with Subadviser’s 's performance in any way, terminate this Agreement in accordance with the provisions of Section 8.2 9.2 hereof.

Appears in 4 contracts

Samples: Subadvisory Agreement (Fidelity Commonwealth Trust), Subadvisory Agreement (Fidelity Concord Street Trust), Subadvisory Agreement (Fidelity Commonwealth Trust)

Scope of Investment Authority. (a) The Subadviser is hereby authorized, on a discretionary basis, to manage the investments and determine the composition of the portion of the assets of the FundPortfolio allocated to the commodities strategy described in Appendix A (the "Sub-Portfolio"), subject at all times to (i) the supervision and control of the Trustees, (ii) the requirements of the Investment Company Act of 1940, as amended (the "Investment Company Act") and the rules thereunder, (iii) the investment objective, policies and limitations, as provided in the Fund’s Portfolio's Prospectus and other governing documents, and (iv) such instructions, policies and limitations relating to the Fund Portfolio and/or the performance of oversight of the Subadviser’s 's duties hereunder as the Trustees or Manager may from time to time adopt and communicate in writing to Subadviser. Notwithstanding anything herein to the contrary, Subadviser is not authorized to take any action, including the purchase and sale of portfolio securities, in contravention of any restriction, limitation, objective, policy or instruction described in the previous sentence. (b) It is understood and agreed that, for so long as this Agreement shall remain in effect, Subadviser shall retain discretionary investment authority over the manner in which the Fund’s Sub-Portfolio's assets are invested, and Manager shall not have the right to overrule any investment decision with respect to a particular security made by Subadviser, provided that the Trustees and Manager shall at all times have the right to monitor the Fund’s Sub-Portfolio's investment activities and performance, require Subadviser to make reports and give explanations as to the manner in which the Fund’s Sub-Portfolio's assets are being invested, and, should either Manager or the Trustees become dissatisfied with Subadviser’s 's performance in any way, terminate this Agreement in accordance with the provisions of Section 8.2 hereof.

Appears in 4 contracts

Samples: Sub Advisory Agreement (Fidelity Commonwealth Trust), Sub Advisory Agreement (Fidelity Fixed Income Trust), Sub Advisory Agreement (Fidelity Commonwealth Trust)

Scope of Investment Authority. (a) The Subadviser is hereby authorized, on a discretionary basis, to manage the investments and determine the composition of the assets of the FundPortfolio, subject at all times to (i) the supervision and control of the Trustees, (ii) the requirements of the Investment Company Act of 1940, as amended (the "Investment Company Act") and the rules thereunder, (iii) the investment objective, policies and limitations, as provided in the Fund’s Portfolio's Prospectus and other governing documents, and (iv) such instructions, policies and limitations relating to the Fund and/or the performance of oversight of the Subadviser’s duties hereunder Portfolio as the Trustees or Manager may from time to time adopt and communicate in writing to Subadvisersubadviser. Notwithstanding anything herein to the contrary, Subadviser is not authorized to take any action, including the purchase and sale of portfolio securities, in contravention of any restriction, limitation, objective, policy or instruction described in the previous sentence. (b) It is understood and agreed that, for so long as this Agreement shall remain in effect, Subadviser shall retain discretionary investment authority over the manner in which the Fund’s Portfolio's assets are invested, and Manager shall not have the right to overrule any investment decision with respect to a particular security made by Subadviser, provided that the Trustees and Manager shall at all times have the right to monitor the Fund’s Portfolio's investment activities and performance, require Subadviser to make reports and give explanations as to the manner in which the Fund’s Portfolio's assets are being invested, and, should either Manager or the Trustees become dissatisfied with Subadviser’s 's performance in any way, terminate this Agreement in accordance with the provisions of Section 8.2 9.2 hereof.

Appears in 3 contracts

Samples: Subadvisory Agreement (Fidelity Concord Street Trust), Subadvisory Agreement (Fidelity Concord Street Trust), Subadvisory Agreement (Fidelity Concord Street Trust)

Scope of Investment Authority. (a) The Subadviser is hereby authorized, on a discretionary basis, to manage the investments and determine the composition of the assets of the FundFunds, subject at all times to (i) the supervision and control of the Trustees, (ii) the requirements of the Investment Company Act of 1940, as amended (the "Investment Company Act") and the rules thereunder, (iii) the investment objective, policies and limitations, as provided in the each Fund’s 's Prospectus and other governing documents, and (iv) such instructions, policies and limitations relating to the each Fund and/or the performance of oversight of the Subadviser’s 's duties hereunder as the Trustees or Manager may from time to time adopt and communicate in writing to Subadviser. Notwithstanding anything herein to the contrary, Subadviser is not authorized to take any action, including the purchase and sale of portfolio securities, in contravention of any restriction, limitation, objective, policy or instruction described in the previous sentence. (b) It is understood and agreed that, for so long as this Agreement shall remain in effect, Subadviser shall retain discretionary investment authority over the manner in which the each Fund’s 's assets are invested, and Manager shall not have the right to overrule any investment decision with respect to a particular security made by Subadviser, provided that the Trustees and Manager shall at all times have the right to monitor the each Fund’s 's investment activities and performance, require Subadviser to make reports and give explanations as to the manner in which the each Fund’s 's assets are being invested, and, should either Manager or the Trustees become dissatisfied with Subadviser’s 's performance in any way, terminate this Agreement in accordance with the provisions of Section 8.2 9.2 hereof.

Appears in 3 contracts

Samples: Sub Advisory Agreement (Fidelity Covington Trust), Sub Advisory Agreement (Fidelity Covington Trust), Sub Advisory Agreement (Fidelity Covington Trust)

Scope of Investment Authority. (a) The Subadviser is hereby authorized, on a discretionary basis, to manage the investments and determine the composition of the portion of the assets of the FundPortfolio allocated to the commodities strategy described in Appendix A (the “Sub-Portfolio”), subject at all times to (i) the supervision and control of the Trustees, (ii) the requirements of the Investment Company Act of 1940, as amended (the “Investment Company Act”) and the rules thereunder, (iii) the investment objective, policies and limitations, as provided in the FundPortfolio’s Prospectus and other governing documents, and (iv) such instructions, policies and limitations relating to the Fund Portfolio and/or the performance of oversight of the Subadviser’s duties hereunder as the Trustees or Manager may from time to time adopt and communicate in writing to Subadviser. Notwithstanding anything herein to the contrary, Subadviser is not authorized to take any action, including the purchase and sale of portfolio securities, in contravention of any restriction, limitation, objective, policy or instruction described in the previous sentence. (b) It is understood and agreed that, for so long as this Agreement shall remain in effect, Subadviser shall retain discretionary investment authority over the manner in which the FundSub-Portfolio’s assets are invested, and Manager shall not have the right to overrule any investment decision with respect to a particular security made by Subadviser, provided that the Trustees and Manager shall at all times have the right to monitor the FundSub-Portfolio’s investment activities and performance, require Subadviser to make reports and give explanations as to the manner in which the FundSub-Portfolio’s assets are being invested, and, should either Manager or the Trustees become dissatisfied with Subadviser’s performance in any way, terminate this Agreement in accordance with the provisions of Section 8.2 hereof.

Appears in 1 contract

Samples: Sub Advisory Agreement (Fidelity Salem Street Trust)

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