Services Exclusive. Except as consented to by the Adviser in writing (which consent shall not be unreasonably withheld), during the term of this Agreement and for a period of one year thereafter, Subadviser (and its successors) and any person or entity controlled by Subadviser other than individual employees, will not act as investment adviser or subadviser or render investment advice to or sponsor, promote or distribute any investment company or comparable entity registered under the 1940 Act that is in the same Lipper category as the Fund.
Services Exclusive. The services of the Sub-Adviser and its affiliates, taken collectively, shall be exclusive with regards to the Trust as provided in this Section 12. So long as this Agreement (and any continuation) is in effect, the Sub-Adviser and its affiliates shall be prohibited from serving as investment adviser to any open- end investment company offered for sale in the United States as part of a variable annuity or life insurance contract meeting the requirements of Section 817(h) of the Internal Revenue Code of 1986, as amended, which has (i) the same investment objective and policies (i.e., to provide long term capital appreciation by investing primarily in equity securities in emerging markets around the world) as the Fund or (ii) the word "emerge" or any derivative thereof or the word "develop" or any derivative thereof in its name. The Sub-Adviser and its affiliates shall be permitted to serve as investment adviser to open-end investment companies offered for sale as part of variable annuity or life insurance contracts which have investment objectives and policies to provide long term capital appreciation by investing their assets primarily in securities of developed (non-emerging market) countries and Asia, provided that any such investment company does not have the word "emerge" or any derivative thereof or the word "develop" or any derivative thereof in its name. The services of the Sub-Adviser (and its affiliates) to the Trust hereunder are not to be deemed exclusive if this Agreement is terminated by the Fund or Adviser; and nothing in this Agreement shall preclude the Sub-Adviser or its affiliates from serving as an investment adviser or sub-adviser with respect to any mutual funds.
Services Exclusive. Employee shall render his services solely and exclusively for Titan throughout the Term hereof as follows:
(a) Employee shall not grant to other, during the Term of this Agreement, the right to use his Name, Voice and/or Likeness for the purpose of promoting and advertising the same or in connection with third party products or services.
(b) Employee shall not during the Term of this Agreement permit the issuance of any advertising, exploitation or publicity whatsoever concerning him without Titan’s prior written consent, nor shall he announce or make known directly or indirectly, by paid advertisement, press notice or otherwise, that he has contracted to perform any services contrary to the terms hereof.
(c) Employee grants to Titan the exclusive right to use and reuse in perpetuity his Name and Likeness and Voice as same shall appear in the Programs and in any and all print and related media produced, published and/or distributed during the Term hereof, including without limitation, in any interactive, video/computer software, and/or home video cassettes produced by Titan or any of its licensees in connection therewith, with no further compensation other than that indicated in paragraph 4 above.
Services Exclusive. Except as consented to by the Adviser in writing (which consent shall not be unreasonably withheld), during the term of this Agreement and for a period of one year thereafter, Subadviser (and its successors) and any person or entity controlled by Subadviser other than individual employees, will not act as investment adviser or subadviser or render investment advice to or sponsor, promote or distribute any investment company or portfolio thereof or comparable entity registered under the 1940 Act that has the same or a substantially similar principal investment strategy as the Fund. Notwithstanding the foregoing, the Subadviser may act as an investment adviser or sub-adviser to investment vehicles organized outside the United States and directed towards non-United States residents.
Services Exclusive. Except as may otherwise be approved in advance by the Board of Directors of the Company, and except during vacation periods and reasonable periods of absence due to sickness, personal injury or other disability, the Employee shall devote his full time throughout the Employment Term to the services required of him hereunder. The Employee shall render his services exclusively to the Company during the Employment Term, and shall use his best efforts, judgment and energy, to improve and advance the business and interests of the Company in a manner consistent with the duties of his position, provided, however, that the Employee may conduct such other activities during the Employment Term as he deems appropriate and consistent with his duties hereunder, including serving as a director of other companies and engaging in civic and social responsibilities.
Services Exclusive. Except as otherwise provided herein, Employee's services shall be completely exclusive to Employer during the term of this Agreement and during such term Employee will not perform professional services of any nature for any person, firm or corporation or on Employee's own account, except with the prior written consent of Employer. Employee acknowledges that Employee's professional services and the rights and privileges granted to Employer hereunder are unique, which gives them a peculiar value, the loss of which cannot be adequately or reasonably compensated in damages in an action at law. Employee further acknowledges that Employee's failure to perform Employee's material obligations hereunder, or to otherwise fail to comply with any provision of this Agreement may cause Employer irreparable injury or damage. Employer shall be entitled to seek injunctive and other equitable relief to prevent any breach of this Agreement by
Services Exclusive. Host shall render his non-broadcast services solely and exclusively to CLIS throughout the term hereof. The shooting schedule shall be proposed by CLIS, who shall endeavor to schedule production so that there is no conflict with Host’s other professional commitments. Host shall make himself reasonably available for production of episodes.
Services Exclusive. (a) Except as consented to by the Adviser in writing (which consent shall not be unreasonably withheld or delayed), during the term of this Agreement (and, where the Subadviser has terminated this Agreement under Section 13(b)(ii), for a period of one year thereafter), the Subadviser (and its successors) and any person or entity controlled by the Subadviser other than individual employees, will not act as investment adviser or subadviser or otherwise render investment advice to, or sponsor, promote or distribute, any investment company registered under the 1940 Act, or series thereof (“Registered Investment Company”), that:
(i) has the same or substantially similar principal investment strategy as a Fund; and
(ii) charges a net expense ratio to the holders of that Registered Investment Company’s institutional (or equivalent) share class that is equal to or less than the net expense ratio charged by that Fund.
(b) Notwithstanding the foregoing, the Subadviser may act as an investment adviser or subadviser to:
(i) any investment vehicles organized outside the United States that are not offered for sale to United States residents
(ii) any Registered Investment Company whose target investors are retail investors and/or which is a multi-subadviser offering; and
(iii) any Registered Investment Company in respect of which the Adviser has provided its written consent to the Subadviser pursuant to sub-section 3 (a) above.
(c) The parties agree, for the purposes of Section 3(a), that it will be unreasonable for the Adviser to withhold its consent unless the Registered Investment Company that is the subject of the Subadviser’s request for consent, competes directly with a Fund.
Services Exclusive. During the term of this Agreement and for a period of one year thereafter, Subadviser (and its successors) and any person or entity controlled by Subadviser other than individual employees, will not act as investment adviser or subadviser or render investment advice to or sponsor, promote or distribute any investment company or comparable entity registered under the 1940 Act that is in the same Lipper category as any Fund. The only exceptions to this stipulation are: (i) Adviser consents in writing (which consent shall not be unreasonably withheld, delayed or conditioned); and (ii) Subadviser is terminated by the Adviser. In the event the Advisory Agreement is terminated by the Adviser such that the Adviser will no longer provide advisory services to a Fund, for example, due to the dissolution of the Adviser, Subadviser shall have the right of first refusal to continue to manage a Fund, subject to the approval of the Board of Directors of the Corporation, the approval by the vote of a majority of the outstanding voting securities (as that phrase is defined in Section 2(a)(42) of the 0000 Xxx) of such Fund and any other applicable regulatory requirements.
Services Exclusive. During the term of this Agreement and for a period of one year thereafter, the Subadviser (and its successors) and any person or entity controlled by the Subadviser other than individual employees, will not act as investment adviser or subadviser or otherwise render investment advice to, or sponsor, promote or distribute, any investment company registered under the 1940 Act, or series thereof, that has the same or substantially similar principal investment strategy as the Fund. Notwithstanding the foregoing, the Subadviser may act as an investment adviser or subadviser to the XXX Sustainable Water Fund, XXX Sustainable Themes Fund and XXX Sustainable Climate Fund and other registered investment companies, or series thereof, that have principal investment strategies of investing in specific sustainability-themed industry sectors, such as water, climate or energy. In addition, the Subadviser may act as an investment adviser or subadviser to any investment vehicles organized outside the United States that are not offered for sale to United States residents.
