Common use of Severability and Beneficiaries Clause in Contracts

Severability and Beneficiaries. 13.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected thereby. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by either party without the written consent of the other.

Appears in 53 contracts

Samples: Transfer Agency and Service Agreement (PowerShares Exchange-Traded Self-Indexed Fund Trust), Transfer Agency and Service Agreement (PowerShares Exchange-Traded Fund Trust II), Transfer Agency and Service Agreement (PowerShares Exchange-Traded Fund Trust II)

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Severability and Beneficiaries. 13.1 Section 13.1. In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected thereby. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by either party without the written consent of the other.

Appears in 6 contracts

Samples: Transfer Agency and Service Agreement (First Trust Exchange-Traded Fund Viii), Transfer Agency and Service Agreement (First Trust Exchange-Traded Fund Iv), Transfer Agency and Service Agreement (First Trust Exchange-Traded Fund Iv)

Severability and Beneficiaries. 13.1 Section 13.1. In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected thereby. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by either party without the prior written consent of the other.

Appears in 3 contracts

Samples: Transfer Agency and Service Agreement (First Trust Exchange-Traded Alphadex Fund Ii), Transfer Agency and Service Agreement (First Trust Exchange-Traded Fund Iii), Transfer Agency and Service Agreement (First Trust Exchange-Traded Fund Vi)

Severability and Beneficiaries. 13.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected thereby. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by either party the Trust, on behalf of any Fund, and the Bank, and vice versa, without the written consent of the other.

Appears in 3 contracts

Samples: Transfer Agency and Service Agreement (DB Multi-Sector Commodity Master Trust), Transfer Agency and Service Agreement (DB US Dollar Index Master Trust), Transfer Agency and Service Agreement (PowerShares DB Multi-Sector Commodity Trust)

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Severability and Beneficiaries. 13.1 SECTION 13.1. In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected thereby. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by either party without the written consent of the other.

Appears in 1 contract

Samples: Participant Agreement (First Trust Exchange-Traded Alphadex Fund)

Severability and Beneficiaries. 13.1 12.1 In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected thereby. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by either party the Trust, on behalf of any Fund, and the Bank, and vice versa, without the written consent of the other.

Appears in 1 contract

Samples: Agency and Service Agreement (Global Currency Gold Trust)

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