Severability and Beneficiaries. 12.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided obligation of the Trust to pay is conditioned upon provision of services.
Appears in 57 contracts
Samples: Transfer Agency and Service Agreement (BNY Mellon ETF Trust II), Transfer Agency and Service Agreement (Precidian ETFs Trust), Transfer Agency and Service Agreement (BNY Mellon ETF Trust II)
Severability and Beneficiaries. 12.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided obligation of the Trust Trusts to pay is conditioned upon provision of services. In such case, the parties shall in good faith modify or substitute such provision consistent with the original intent of the parties.
Appears in 6 contracts
Samples: Transfer Agency and Service Agreement (Federated Hermes ETF Trust), Transfer Agency and Service Agreement (Federated Hermes ETF Trust), Transfer Agency and Service Agreement (Federated Hermes ETF Trust)
Severability and Beneficiaries. 12.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided that the obligation of the Trust to pay is conditioned upon provision of services.
Appears in 6 contracts
Samples: Transfer Agency and Service Agreement (Matthews International Funds), Transfer Agency and Service Agreement (Matthews International Funds), Transfer Agency and Service Agreement (Highland Funds I)
Severability and Beneficiaries. 12.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided that the obligation of the Trust to pay fees and expenses hereunder is conditioned upon provision of servicesservices to it by the Bank.
Appears in 3 contracts
Samples: Transfer Agency and Service Agreement (Columbia ETF Trust), Transfer Agency and Service Agreement (Grail Advisors ETF Trust), Transfer Agency and Service Agreement (Direxion Shares ETF Trust)
Severability and Beneficiaries. 12.1 13.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided obligation of the Trust to pay is conditioned upon provision of services.
Appears in 3 contracts
Samples: Transfer Agency and Service Agreement (Invesco Galaxy Ethereum ETF), Form of Transfer Agency and Service Agreement (Invesco Galaxy Ethereum ETF), Transfer Agency and Service Agreement (Invesco Galaxy Bitcoin ETF)
Severability and Beneficiaries. 12.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided obligation of the Trust Sponsor to pay is conditioned upon provision of servicesservices to the Trust by the Bank.
Appears in 3 contracts
Samples: Transfer Agency and Service Agreement (Franklin Ethereum Trust), Transfer Agency and Service Agreement (Franklin Templeton Digital Holdings Trust), Transfer Agency and Service Agreement (Franklin Templeton Holdings Trust)
Severability and Beneficiaries. 12.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided obligation of the Trust to pay is conditioned upon provision of services.
Appears in 3 contracts
Samples: Transfer Agency and Service Agreement (IndexIQ Active ETF Trust), Form of Transfer Agency and Service Agreement (IndexIQ Active ETF Trust), Transfer Agency and Service Agreement (IndexIQ ETF Trust)
Severability and Beneficiaries. 12.1 12.1. In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided obligation of the Trust to pay is conditioned upon provision of services.
Appears in 3 contracts
Samples: Transfer Agency and Service Agreement (21Shares Core Ethereum ETF), Transfer Agency and Service Agreement (Grayscale Ethereum Trust (ETH)), Transfer Agency and Service Agreement (Ark 21Shares Bitcoin ETF)
Severability and Beneficiaries. 12.1 13.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided obligation of the Trust to pay is conditioned upon provision of servicesthereby.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Rydex Etf Trust), Agency and Service Agreement (Rydex Etf Trust)
Severability and Beneficiaries. 12.1 13.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided obligation of the Trust to pay is conditioned upon provision of services.
Appears in 2 contracts
Samples: Agency and Service Agreement (Claymore Exchange-Traded Fund Trust 2), Agency and Service Agreement (Claymore Exchange-Traded Fund Trust)
Severability and Beneficiaries. 12.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby thereby, provided that the obligation of the Trust to pay fees and expenses hereunder is conditioned upon the provision of servicesservices to it by the Bank.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (RevenueShares ETF Trust), Transfer Agency and Service Agreement (RevenueShares ETF Trust)
Severability and Beneficiaries. 12.1 13.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby thereby, provided that the obligation of the Trust to pay fees and expenses hereunder is conditioned upon the provision of servicesservices to it by the Bank.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Franklin ETF Trust), Transfer Agency and Service Agreement (Franklin ETF Trust)
Severability and Beneficiaries. 12.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided obligation of the Trust Trust, on behalf of a Fund, to pay fees and expenses hereunder is conditioned upon provision of servicesservices to the Trust, on behalf of a Fund.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Emerge ETF Trust)
Severability and Beneficiaries. 12.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions or obligations shall not in any way be affected thereby provided obligation of the Trust or impaired thereby, and if any provision is inapplicable to pay is conditioned upon provision of servicesany person or circumstances, it shall nevertheless remain applicable to all other persons and circumstances.
Appears in 1 contract
Samples: Authorized Participant Agreement (ProShares Trust II)
Severability and Beneficiaries. 12.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided the obligation of the Trust to pay is conditioned upon provision of servicesservices to the Trust.
Appears in 1 contract
Samples: Authorized Participant Agreement (Columbia ETF Trust I)
Severability and Beneficiaries. 12.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided that the obligation of the Trust Trust, on behalf of a Fund, to pay fees and expenses hereunder is conditioned upon provision of servicesservices to the Trust, on behalf of a Fund by the Bank.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Global X Funds)
Severability and Beneficiaries. 12.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided obligation of the Trust Fund to pay is conditioned upon provision of services.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (STREAM S&P Dynamic Roll Global Commodities Fund)
Severability and Beneficiaries. 12.1 In case any provision in or obligation under this Agreement shall be he invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided obligation of the Trust to pay is conditioned upon provision of services.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (U.S. One Trust)
Severability and Beneficiaries. 12.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided obligation of the Trust to pay is conditioned upon provision of services. In such case, the parties shall in good faith modify or substitute such provision consistent with the original intent of the parties.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Touchstone ETF Trust)
Severability and Beneficiaries. 12.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided that the obligation of the Trust to pay fees and expenses as provided in Section 2 is conditioned upon the provision of services.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Russell Exchange Traded Funds Trust)
Severability and Beneficiaries. 12.1 15.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided that the obligation of the Trust to pay is conditioned upon provision of services.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Rydex Etf Trust)
Severability and Beneficiaries. 12.1 14.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided that the obligation of the Trust to pay is conditioned upon provision of services.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (TrimTabs ETF Trust)
Severability and Beneficiaries. 12.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided that the obligation of the Trust to pay is conditioned upon provision of services.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (DBX ETF Trust)
Severability and Beneficiaries. 12.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, the legality and enforceability of the remaining provisions shall not in any way be affected thereby provided the obligation of the Trust to pay is conditioned upon provision of services.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (GraniteShares ETF Trust)
