Common use of Services of Sub-Adviser Clause in Contracts

Services of Sub-Adviser. In providing management services to the Fund, the Sub-Adviser will be subject to: (i) the investment objectives, policies and restrictions of the Trust as they apply to the Fund and as set forth in the Fund’s then current prospectus (“Prospectus”) and statement of additional information (“Statement of Additional Information”), each as filed with the Securities and Exchange Commission (the “SEC”) as part of the Trust’s Registration Statement, and Form 19b-4 application filed with the SEC, if applicable, as the same may be periodically amended and provided to the Sub-Adviser by the Adviser; (ii) the investment restrictions set forth in the Act and the Rules thereunder; (iii) the terms and conditions of the ETF exemptive order issued to the Adviser and the Trust; (iv) the supervision and control of the Trustees of the Trust (the “Trustees”); and (v) instructions from the Adviser. The Sub-Adviser will not, without the Trust’s prior written approval, effect any transactions that would cause the Fund at the time of the transaction to be out of compliance with any of such restrictions or policies. The Sub-Adviser also will assist the Adviser and the Fund with certain operational services for the Fund including, without limitation, the following: (i) the preparation of tax returns; (ii) the preparation and submission of reports to existing shareholders; (iii) the periodic updating of the Prospectus and Statement of Additional Information; and (iv) the preparation of reports to be filed with the SEC and other regulatory authorities.

Services of Sub-Adviser. In providing management services to the Fund, the Sub-Adviser will be subject to: (i) the investment objectives, policies and restrictions of the Trust as they apply to the Fund and as set forth in the Fund’s then current prospectus (“Prospectus”) and statement of additional information (“Statement of Additional Information”), each as filed with the Securities and Exchange Commission (the “SEC”) as part of the Trust’s Registration Statement, and Form 19b-4 application filed with the SEC, if applicable, as the same may be periodically amended and provided to the Sub-Adviser by the Adviser; (ii) the investment restrictions set forth in the Act and the Rules thereunder; (iii) the terms and conditions of the ETF any exemptive order issued to the Adviser and the Trust; (iv) the supervision and control of the Trustees of the Trust (the “Trustees”); and (v) instructions from the Adviser. The Sub-Adviser will not, without the Trust’s prior written approval, effect any transactions that would cause the Fund at the time of the transaction to be out of compliance with any of such restrictions or policies. The Sub-Adviser also will assist the Adviser and the Fund with certain operational services for the Fund including, without limitation, the following: (i) the preparation of tax returns; (ii) the preparation and submission of reports to existing shareholders; (iii) the periodic updating of the Prospectus and Statement of Additional Information; and (iv) the preparation of reports to be filed with the SEC and other regulatory authorities.

Services of Sub-Adviser. In providing management services to the Fund, the Sub-Adviser will be subject to: (i) the investment objectives, policies and restrictions of the Trust as they apply to the Fund Fund, and as set forth in the Fund’s then current prospectus (“Prospectus”) and statement of additional information (“Statement of Additional Information”), each as filed with the Securities and Exchange Commission (the “SEC”) as part of the Trust’s Registration Statement, and Form 19b-4 application filed with the SEC, if applicable, as the same may be periodically amended and provided to the Sub-Adviser by the Adviser; (iiAdviser;(ii) the investment restrictions set forth in the Act and the Rules thereunder; (iii) the terms and conditions of the ETF exemptive order issued to the Adviser and the Trust; (iv) the supervision and control of the Trustees of the Trust (the “Trustees”); and (v) instructions from the Adviser. The Sub-Adviser will not, without the Trust’s prior written approval, effect any transactions that would cause the Fund at the time of the transaction to be out of compliance with any of such restrictions or policies. The Sub-Adviser also will assist the Adviser and the Fund with certain operational services for the Fund including, without limitation, the following: (i) the preparation of tax returns; (ii) the preparation and submission of reports to existing shareholders; (iii) the periodic updating of the Prospectus and Statement of Additional Information; and (iv) the preparation of reports to be filed with the SEC and other regulatory authorities.

Services of Sub-Adviser. In providing management services to the Fund, the Sub-Adviser will be subject to: (i) the investment objectives, policies and restrictions of the Trust as they apply to the Fund Fund, and as set forth in the Fund’s then current prospectus prospectus(es) (“Prospectus”) and statement of additional information (“Statement of Additional Information”), each as filed with the Securities and Exchange Commission (the “SEC”) as part of the Trust’s Registration Statementregistration statement, and Form 19b-4 application filed with the SEC, if applicable, as the same may be periodically amended and provided to the Sub-Adviser by the Adviser; (ii) the investment restrictions set forth in the Act and the Rules thereunder; (iii) the terms and conditions of the ETF applicable exemptive order orders issued to the Adviser and the Trust; (iv) the terms of the Trust’s Declaration of Trust and By-laws; (v) the supervision and control of the Trustees of the Trust (the “Trustees”); and (vvi) instructions from the Adviser. The Sub-Adviser will not, without the Trust’s prior written approval, knowingly effect any transactions that would cause the Fund at the time of the transaction to be out of compliance with any of such restrictions or policies. The Sub-Adviser also will will, to the extent that it can, assist the Adviser and the Fund with certain operational services for the Fund including, without limitation, the following: (i) the preparation of tax returns; (ii) the preparation and submission of reports to existing shareholders; (iii) the periodic updating of the Prospectus and Statement of Additional Information; and (iv) the preparation of reports to be filed with the SEC and other regulatory authorities.

Services of Sub-Adviser. In providing management services to the Fund, the Sub-Adviser will be subject to: (i) the investment objectives, policies and restrictions of the Trust as they apply to the Fund Fund, and as set forth in the Fund’s then current prospectus prospectus(es) (“Prospectus”) and statement of additional information (“Statement of Additional Information”), each as filed with the Securities and Exchange Commission (the “SEC”) as part of the Trust’s Registration Statementregistration statement, and Form 19b-4 application filed with the SEC, if applicable, as the same may be periodically amended and provided to the Sub-Adviser by the Adviser; (ii) the investment restrictions set forth in the Act and the Rules thereunder; (iii) the terms and conditions of the ETF applicable exemptive order orders issued to the Adviser and the Trust; (iv) the terms of the Trust’s Declaration of Trust and By-laws; (v) the supervision and control of the Trustees of the Trust (the “Trustees”); and (vvi) instructions from the Adviser. The Sub-Adviser will not, without the Trust’s prior written approval, knowingly effect any transactions that would cause the Fund at the time of the transaction to be out of compliance with any of such restrictions or policies. The Sub-Adviser also will assist the Adviser and the Fund with certain operational services for the Fund including, without limitation, the following: (i) the preparation of tax returns; (ii) the preparation and submission of reports to existing shareholders; (iii) the periodic updating of the Prospectus and Statement of Additional Information; and (iv) the preparation of reports to be filed with the SEC and other regulatory authorities. 4.

Services of Sub-Adviser. In providing management services to the Fund, the Sub-Adviser will be subject to: : (i) the investment objectives, policies and restrictions of the Trust as they apply to the Fund Fund, and as set forth in the Fund’s 's then current prospectus prospectus(es) (“"Prospectus”") and statement of additional information (“"Statement of Additional Information”"), each as filed with the Securities and Exchange Commission (the “"SEC”") as part of the Trust’s Registration Statement's registration statement, and Form 19b-4 application filed with the SEC, if applicable, as the same may be periodically amended and provided to the Sub-Adviser by the Adviser; (ii) the investment restrictions set forth in the Act and the Rules thereunder; (iii) the terms and conditions of the ETF applicable exemptive order orders issued to the Adviser and the Trust; (iv) the terms of the Trust's Declaration of Trust and By-laws; (v) the supervision and control of the Trustees of the Trust (the “"Trustees”"); and (vvi) instructions from the Adviser. The Sub-Adviser will not, without the Trust’s 's prior written approval, knowingly effect any transactions that would cause the Fund at the time of the transaction to be out of compliance with any of such restrictions or policies. The Sub-Adviser also will will, to the extent that it can, assist the Adviser and the Fund with certain operational services for the Fund including, without limitation, the following: (i) the preparation of tax returns; (ii) the preparation and submission of reports to existing shareholders; (iii) the periodic updating of the Prospectus and Statement of Additional Information; and (iv) the preparation of reports to be filed with the SEC and other regulatory authorities.