Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 3633 contracts
Samples: Investment Advisory Agreement, Sub Advisory Agreement (Mercer Funds), Wholesale Broker Dealer Supervisory and Sales Agreement (Equitable Financial Life Insurance Co of America)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statutestatute or rule, rule or otherwiseshall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.
Appears in 3278 contracts
Samples: Investment Sub Advisory Agreement (Unified Series Trust), Fee Waiver Agreement (ETF Series Solutions), Operating Expenses Limitation Agreement (Investment Managers Series Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule decision or otherwiseapplicable law, the remainder of this the Agreement shall not be affected therebyadversely and shall remain in full force and effect.
Appears in 979 contracts
Samples: Investment Management Agreement (Wellington Global Multi-Strategy Fund), Sub Investment Advisory Agreement (Aspiration Funds), Subadvisory Agreement (Nationwide Mutual Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule rule, or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 877 contracts
Samples: Investment Advisory Agreement (Spinnaker ETF Series), Investment Advisory Agreement (Spinnaker ETF Series), Investment Management Agreement (Dimensional ETF Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebythereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 776 contracts
Samples: Expense Support and Conditional Reimbursement Agreement (Gladstone Alternative Income Fund), Investment Sub Advisory Agreement (Two Roads Shared Trust), Investment Advisory Agreement (Institutional Investment Strategy Fund)
Severability. If any provision of this Agreement shall will be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall will not be affected thereby.
Appears in 357 contracts
Samples: Investment Sub Advisory Agreement (Schwab Capital Trust), Investment Sub Advisory Agreement (Laudus Trust), Investment Advisory Agreement (Vanguard Whitehall Funds)
Severability. If any provision of this Agreement shall become or shall be held or made found to be invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 267 contracts
Samples: Management Agreement (Domini Investment Trust), Management Agreement (Domini Investment Trust), Management Agreement (Domini Investment Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors.
Appears in 250 contracts
Samples: Investment Advisory Agreement (Upright Investments Trust), Sub Advisory Agreement (Capitol Series Trust), Management Agreement (American Beacon Institutional Funds Trust)
Severability. If In the event that any provision part or parts of this Agreement shall be held illegal or made invalid unenforceable by a any court decisionor administrative body of competent jurisdiction, statute, rule or otherwise, such determination shall not affect the remainder remaining provisions of this Agreement which shall not be affected therebyremain in full force and effect.
Appears in 195 contracts
Samples: Investor Rights Agreement (Seaport Entertainment Group Inc.), Investor Rights Agreement (Seaport Entertainment Group Inc.), Investor Rights Agreement (Pershing Square Capital Management, L.P.)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this the Agreement shall not be affected thereby.
Appears in 188 contracts
Samples: Fund Participation Agreement (Protective Variable Annuity Separate Account), Fund Participation Agreement (Protective Variable Annuity Separate Account), Fund Participation Agreement (Protective NY COLI VUL)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebythereby affected.
Appears in 176 contracts
Samples: Subadvisory Agreement (AMG Funds I), Subadvisory Agreement (AMG Funds I), Subadvisory Agreement (Amg Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwisesimilar authority, the remainder of this Agreement shall not be affected thereby.
Appears in 170 contracts
Samples: Investment Subadvisory Agreement (Nomura Alternative Income Fund), Distribution Agreement (American Century Etf Trust), Distribution Agreement (American Century Mutual Funds, Inc.)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statutestatute or rule, rule or otherwiseshall otherwise be rendered invalid, the remainder of this Agreement shall not be affected thereby.
Appears in 170 contracts
Samples: Expense Limitation Agreement (Virtus Investment Trust), Expense Limitation Agreement (Virtus Investment Trust), Expense Limitation Agreement (Virtus Opportunities Trust)
Severability. If any provision of this Agreement agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement agreement shall not be affected thereby.
Appears in 125 contracts
Samples: Investment Manager Agreement (City National Rochdale Funds), Investment Sub Advisory Agreement (City National Rochdale Strategic Credit Fund), Investment Manager Agreement (City National Rochdale Funds)
Severability. If any provision of this Agreement shall be is held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 119 contracts
Samples: Sub Advisory Agreement (GuideStone Funds), Sub Advisory Agreement (GuideStone Funds), Sub Advisory Agreement (GuideStone Funds)
Severability. If Should any provision part of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 118 contracts
Samples: Sub Advisory Agreement (Madison ETFs Trust), Investment Advisory Agreement (Madison ETFs Trust), Investment Sub Advisory Agreement (Northwestern Mutual Series Fund Inc)
Severability. If In the event that any provision part or parts of this Agreement shall be held illegal or made invalid unenforceable by a any court decisionor administrative body of competent jurisdiction, statute, rule or otherwise, such determination shall not effect the remainder remaining provisions of this Agreement which shall not be affected therebyremain in full force and effect.
Appears in 114 contracts
Samples: Employment Agreement (Sotherly Hotels Lp), Employment Agreement (Sotherly Hotels Lp), Employment Agreement (Sotherly Hotels Lp)
Severability. If any provision of this Agreement shall become or shall be held or made found to be invalid by a court decision, statute, rule rule, or otherwise, the remainder of this Agreement shall not be affected therebyaffected.
Appears in 78 contracts
Samples: Sub Advisory Agreement (Touchstone Strategic Trust), Sub Advisory Agreement (Touchstone Funds Group Trust), Sub Advisory Agreement (EA Series Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebyeffected thereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 64 contracts
Samples: Platform Management Agreement (FT Vest Hedged Equity Income Fund: Series A4), Platform Management Agreement (FT Vest Total Return Income Fund: Series A4), Platform Management Agreement (Variant Alternative Lending Fund)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statutestatue, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 57 contracts
Samples: Sub Advisory Agreement (Evergreen Select Fixed Income Trust), Sub Advisory Agreement (Evergreen Equity Trust /De/), Sub Advisory Agreement (Evergreen Equity Trust /De/)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule rule, or otherwise, the remainder of this Agreement shall not be affected therebythereby but shall continue in full force and effect.
Appears in 55 contracts
Samples: Subadvisory Agreement (Amg Funds Iii), Subadvisory Agreement (AMG Funds I), Subadvisory Agreement (Amg Funds Iii)
Severability. If In the event any provision or provisions of this Agreement shall be is or are held or made invalid by a court decision, statute, rule or otherwiseinvalid, the remainder remaining provisions of this Agreement shall not be affected thereby.
Appears in 53 contracts
Samples: Officer Employment Agreement (Callaway Golf Co), Officer Employment Agreement (Callaway Golf Co), Officer Employment Agreement (Callaway Golf Co)
Severability. If any provision of this Agreement shall be held or made ------------ invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 47 contracts
Samples: Advisory Agreements (Metropolitan Series Fund), Investment Advisory Agreement (Met Investors Series Trust), Investment Advisory Agreement (Met Investors Series Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statutestatue, rule or otherwise, the remainder of this Agreement shall not be affected therebythereby affected.
Appears in 43 contracts
Samples: Management Services Agreement (Access One Trust), Investment Advisory Agreement (Profunds), Management Services Agreement (Direxion Shares ETF Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwiseinvalid, the remainder of this Agreement and the parties’ rights and obligations under it shall not be affected therebyby such action, and the invalid provisions of the Agreement shall be deemed to be severable only in the jurisdiction that so determines.
Appears in 43 contracts
Samples: Fund Accounting and Financial Administration Oversight Agreement (Optimum Fund Trust), Fund Accounting and Financial Administration Oversight Agreement (Delaware Investments Global Dividend & Income Fund Inc), Fund Accounting and Financial Administration Oversight Agreement (Voyageur Mutual Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebydeemed to be severable.
Appears in 39 contracts
Samples: Investment Management Agreement (Reserve Funds /Ny/), Investment Management Agreement (Reserve Short Term Investment Trust), Comprehensive Fee Investment Management Agreement (Reserve Funds /Ny/)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwiserule, or otherwise shall be rendered invalid, the remainder of this Agreement shall not be affected thereby.
Appears in 36 contracts
Samples: Assignment and Assumption Agreement (Advisors' Inner Circle Fund III), Expense Limitation Agreement (Advisors' Inner Circle Fund III), Expense Limitation Agreement (Advisors' Inner Circle Fund II)
Severability. If any provision of this Agreement shall be is held or made invalid by a court decision, statute, rule decision or otherwiseapplicable law, the remainder of this the Agreement shall not be affected therebyadversely and shall remain in full force and effect.
Appears in 35 contracts
Samples: Subadvisory Agreement (Baird Funds Inc), Subadvisory Agreement (Frontier Funds, Inc.), Subadvisory Agreement (Frontier Funds, Inc.)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected therebythereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 35 contracts
Samples: Investment Advisory Agreement, Sub Advisory Agreement (TriLinc Global Impact Fund LLC), Sub Advisory Agreement (TriLinc Global Impact Fund LLC)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statutestatute or rule, rule or otherwiseshall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby. 8.
Appears in 32 contracts
Samples: Operating Expenses Limitation Agreement (Alternative Strategies Fund), Operating Expenses Limitation Agreement (Alternative Strategies Fund), Operating Expenses Limitation Agreement (Advisors Preferred Trust)
Severability. If any provision of this Agreement shall be held or ------------ made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 32 contracts
Samples: Advisory Agreements (Metropolitan Series Fund), Investment Advisory and Management Agreement (First Funds), Investment Advisory and Management Agreement (First Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decisiondecision or applicable law, statute, rule or otherwise, the remainder of this the Agreement shall not be affected therebythereby and shall remain in full force and effect.
Appears in 29 contracts
Samples: Subadvisory Agreement (Morningstar Funds Trust), Subadvisory Agreement (Morningstar Funds Trust), Subadvisory Agreement (Morningstar Funds Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this the Agreement shall not be affected thereby.
Appears in 27 contracts
Samples: Administrative Shareholder Services Agreement (Edward Jones Money Market Fund), Manager Shareholder Services Agreement (Capitol Series Trust), Shareholder Services Agreement (Ancora Trust)
Severability. If any provision of this Agreement shall is held to be held or otherwise made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall will not be affected therebythereby and, to this extent, the provisions of this Agreement will be deemed to be severable.
Appears in 26 contracts
Samples: Investment Advisory Agreement (Horizon Funds), Investment Advisory Agreement (Horizon Funds), Investment Advisory Agreement (Horizon Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwiseunder the applicable law of any jurisdiction, the remainder of this Agreement shall not be affected thereby.
Appears in 26 contracts
Samples: Support and Standby Purchase Agreement (RumbleOn, Inc.), Standby Purchase Agreement (AmBase Corp), Standby Purchase Agreement (Barc Investments LLC)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebyaffected, and to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 22 contracts
Samples: Sub Advisory Agreement (Aegon/Transamerica Series Trust), Sub Advisory Agreement (Transamerica Series Trust), Investment Sub Advisory Agreement (Transamerica Idex Mutual Funds)
Severability. If any term or provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of terms and provisions of this Agreement shall remain in full force and effect and shall not be affected or impaired thereby.
Appears in 22 contracts
Samples: Distribution Agreement (VOYA INSURANCE & ANNUITY Co), Distribution Agreement (VOYA INSURANCE & ANNUITY Co), Distribution Agreement (VOYA INSURANCE & ANNUITY Co)
Severability. If any provision provisions of this Agreement shall be held or ------------ made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 21 contracts
Samples: Investment Advisory Agreement (Brinson Funds Inc), Investment Advisory Agreement (Brinson Funds Inc), Investment Advisory Agreement (Matthews International Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwiserule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.
Appears in 21 contracts
Samples: Expense Limitation Agreement (Emerging Growth & Dividend Reinvestment Fund), Trading Advisory Agreement (Simplify Exchange Traded Funds), Interim Operating Expenses Limitation Agreement (Torray Fund)
Severability. If In the event that any provision of this Agreement shall be held or made invalid determined by a court decisionor tribunal having proper jurisdiction to be invalid, statuteor illegal, rule or otherwiseunenforceable, the remainder of this Agreement shall not be affected therebybut shall continue in full force and effect as though such invalid, illegal or unenforceable provision were not originally part of this Agreement.
Appears in 20 contracts
Samples: Employment Agreement (Fortune Valley Treasures, Inc.), Employment Agreement (Nisun International Enterprise Development Group Co., LTD), Employment Agreement (Farmmi, Inc.)
Severability. If any provision provisions of this Agreement shall be held or made invalid unenforceable by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 19 contracts
Samples: Administrative Service Consultant Agreement (Neiman Funds), Supervision Agreement (James Alpha Funds Trust), Supervision Agreement (Saratoga Advantage Trust)
Severability. If any provision of this Agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebythereby affected.
Appears in 19 contracts
Samples: Investment Advisory Agreement (Ambassador Funds), Advisory Agreement (Ambassador Funds /), Advisory Agreement (Ambassador Funds /)
Severability. If In the event that any provision part or parts of this Agreement shall be held illegal or made invalid unenforceable by a any court decisionor administrative body of competent jurisdiction, statute, rule or otherwise, such determination shall not affect the remainder remaining provisions of this Agreement Agreement, which shall not be affected therebyremain in full force and effect.
Appears in 18 contracts
Samples: Registration Rights Agreement (GenuTec Business Solutions, Inc.), Registration Rights Agreement (Price Legacy Corp), Registration Rights Agreement (Babyuniverse, Inc.)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwiseinvalid, the remainder of this Agreement and the parties' rights and obligations under it shall not be affected therebyby such action, and the invalid provisions of the Agreement shall be deemed to be severable only in the jurisdiction that so determines.
Appears in 16 contracts
Samples: Fund Accounting and Financial Administration Services Agreement (Delaware Group Equity Funds I), Fund Accounting and Financial Administration Oversight Agreement (Delaware Group Adviser Funds Inc /Md/), Fund Accounting and Financial Administration Services Agreement (Delaware Group Foundation Funds)
Severability. If any provision of this Agreement shall become or shall be held or made found to be invalid by a court decision, statute, rule rule, or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 14 contracts
Samples: Sub Advisory Agreement (Touchstone Strategic Trust), Sub Advisory Agreement (Touchstone Strategic Trust), Sub Advisory Agreement (Touchstone Strategic Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwiseotherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.
Appears in 13 contracts
Samples: Expense Limitation Agreement (Guardian Variable Products Trust), Expense Limitation Agreement (Guardian Variable Products Trust), Expense Limitation Agreement (Guardian Variable Products Trust)
Severability. If any provision of this Agreement shall be held or made ____________ invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 13 contracts
Samples: Investment Advisory Agreement (Met Investors Series Trust), Investment Advisory Agreement (Met Investors Series Trust), Investment Advisory Agreement (Met Investors Series Trust)
Severability. If any provision portion of this Agreement shall be held or made unenforceable or invalid by a court decision, statute, rule rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected therebythereby and shall remain in full force and effect, and, to the fullest extent, the provisions of the Agreement shall be severable.
Appears in 13 contracts
Samples: Underwriting Agreement (CareCloud, Inc.), Underwriting Agreement (MTBC, Inc.), Underwriting Agreement (MTBC, Inc.)
Severability. If any provision of this Agreement shall be held or made invalid void or unenforceable by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 12 contracts
Samples: Distribution Agreement, Distribution Agreement (Carillon Series Trust), Distribution Agreement (Eagle Series Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule rule, or otherwise, the remainder of this Agreement shall not be affected therebythereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 12 contracts
Samples: Investment Advisory Agreement (Centaur Mutual Funds Trust), Investment Advisory Agreement (Lind Capital Partners Municipal Credit Income Fund), Investment Advisory Agreement (Centaur Mutual Funds Trust)
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby, and to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 12 contracts
Samples: Sub Advisory Agreement (PNC Funds), Sub Advisory Agreement (Mercantile Funds Inc), Advisory Agreement (Mercantile Funds Inc)
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby, provided that the basic agreement is not thereby impaired and the Agreement continues to conform with applicable law.
Appears in 12 contracts
Samples: Investment Advisory Agreement (MCM Funds), Investment Advisory Agreement (MCM Funds), Investment Advisory Agreement (MCM Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule rule, or otherwise, the remainder of this Agreement shall not be affected thereby. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors.
Appears in 12 contracts
Samples: Master Placement Agency Agreement (Gmo Trust), Placement Agency Agreement (Gmo Trust), Investment Subadvisory Agreement (Usaa Mutual Funds Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected therebythereby and, to this extent, the provisions of this Agreement shall be deemed severable.
Appears in 11 contracts
Samples: Letter of Engagement (I-Level Media Group Inc), Investor Relations Agreement (Nutra Pharma Corp), Agreement for Services (World Health Alternatives Inc)
Severability. If any provision of this Agreement agreement shall be held or made invalid by a court decision, statute, rule decision or otherwiseapplicable law, the remainder of this Agreement the agreement shall not be affected therebyadversely and shall remain in full force and effect.
Appears in 11 contracts
Samples: Investment Advisory and Management Agreement (Clough Global Opportunities Fund), Investment Advisory and Management Agreement (Clough Global Dividend & Income Fund), Investment Advisory and Management Agreement (Clough Global Equity Fund)
Severability. If any provision of this Agreement shall ------------ be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 11 contracts
Samples: Investment Advisory Agreement (Endeavor Series Trust), Investment Advisory Agreement (Endeavor Series Trust), Investment Advisory Agreement (Endeavor Series Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebyhereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 10 contracts
Samples: Management Agreement (Old Mutual Funds II), Management Agreement (Old Mutual Advisor Funds Ii), Advisory Agreement (CNL Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, and rule or otherwise, the remainder of this Agreement shall not be affected therebythereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 10 contracts
Samples: Investment Advisory Agreement (Strategic Trust), Investment Advisory Agreement (Strategic Trust), Investment Advisory Agreement (ASYMmetric ETFs Trust)
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statutestatute or rule, rule or otherwiseshall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.
Appears in 10 contracts
Samples: Reimbursement Agreement (City National Rochdale Structured Claims Fixed Income Fund LLC), Operating Expense Limitation Agreement (City National Rochdale High Yield Alternative Strategies Master Fund LLC), Operating Expense Limitation Agreement (City National Rochdale High Yield Alternative Strategies Fund LLC)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this the Agreement shall not be affected thereby.
Appears in 9 contracts
Samples: Administrative Services Agreement (Jefferson National Life of New York Annuity Account 1), Administrative Services Agreement (Massachusetts Mutual Variable Annuity Separate Account 4), Rule 22c 2 Agreement (Aul American Unit Trust)
Severability. If any provision of this Agreement shall be held or made rendered invalid by a court decision, state or federal statute, administrative rule or otherwise, the remainder of this Agreement shall not be affected therebyrendered invalid.
Appears in 9 contracts
Samples: Broker Dealer Sales Agreement (Genworth Life & Annuity Insurance Co), General Agent Agreement (Genworth Life & Annuity VA Separate Account 3), Broker Dealer Sales Agreement (Genworth Life & Annuity VA Separate Account 2)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, otherwise the remainder of this Agreement shall not be affected thereby.
Appears in 9 contracts
Samples: Underwriting Agreement (Life of Virginia Separate Account Ii), Underwriting Agreement (Life of Virginia Separate Account Iii), Investment Management Agreement (Penn Street Fund Inc)
Severability. If any a provision of this Agreement agreement shall be held or made invalid by a court decision, statute, rule rule, or otherwise, otherwise the remainder of this Agreement agreement shall not be affected therebyaffected.
Appears in 8 contracts
Samples: Distribution Agreement (Reliastar Life Ins Co of New York Var Life Sep Acct I), Distribution Agreement (Southland Separate Account L1), Distribution Agreement (Reliastar Select Life Variable Account)
Severability. If any provision provisions of this Agreement shall be held or made ------------ invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 8 contracts
Samples: Distribution Agreement (Separate Account a of Pacific Life & Annuity Co), Distribution Agreement (Pacific Select Exec Separate Account of Pacific Life & Annui), Investment Advisory Agreement (Brinson Funds Inc)
Severability. If any provision of this Agreement shall be is held or made invalid by a court decision, statute, rule or otherwise, the remainder of this the Agreement shall not be affected thereby.
Appears in 8 contracts
Samples: Broker Dealer Selling Agreement (Protective NY COLI VUL), Broker Dealer Selling Agreement (PLICO Variable Annuity Account S), Selling Agreement for Ria Platform (PLICO Variable Annuity Account S)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby and shall be interpreted to give maximum effect to the intent of the parties manifested thereby.
Appears in 8 contracts
Samples: Investment Sub Advisory Agreement (FS Multi-Alternative Income Fund), Investment Sub Advisory Agreement (FS Series Trust), Investment Sub Advisory Agreement (FS Multi-Alternative Income Fund)
Severability. If any provision provisions of this Agreement Agreement. shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be he affected thereby.
Appears in 8 contracts
Samples: Investment Advisory Agreement (Uam Funds Trust), Investment Advisory Agreement (Uam Funds Trust), Investment Advisory Agreement (Uam Funds Trust)
Severability. If any provision of this Agreement shall be held or made invalid unenforceable by a court decision, statute, rule rule, regulation or otherwise, the remainder remaining provisions of this Agreement shall not be affected thereby.
Appears in 7 contracts
Samples: Subcustodian Agreement (Strong Short Term Bond Fund Inc), Subcustodian Agreement (Strong Conservative Equity Funds Inc), Subcustodian Agreement (Strong Total Return Fund Inc)
Severability. If any term or provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwiserule, or otherwise shall be rendered invalid, then the remainder of this Agreement shall not be affected thereby.
Appears in 7 contracts
Samples: Expense Limitation Agreement (Thirdline Real Estate Income Fund), Expense Limitation Agreement (Thirdline Real Estate Income Fund), Expense Limitation Agreement (Fundrise Growth Tech Fund, LLC)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statutestatue, rule rule, or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 7 contracts
Samples: Sub Advisory Agreement (Victory Portfolios), Sub Advisory Agreement (Timothy Plan), Sub Advisory Agreement (Victory Portfolios)
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebythereby affected.
Appears in 6 contracts
Samples: Sub Advisory Agreement (Davis International Series Inc), Sub Advisory Agreement (Davis International Series Inc), Sub Advisory Agreement (Davis International Series Inc)
Severability. If any provision of this Agreement shall be held or made found to be ------------ invalid by a court decision, statute, rule or otherwise, the remainder reminder of this Agreement shall not be affected thereby.
Appears in 6 contracts
Samples: Sponsorship Agreement (Security Capital U S Real Estate Shares Inc), Sponsorship Agreement (Security Capital U S Real Estate Shares Inc), Sponsorship Agreement (Security Capital U S Real Estate Shares Inc)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statutestatute or rule, rule or otherwiseshall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby. For the avoidance of doubt, to the extent compliance with the terms of this Agreement would violate any provision of the 1940 Act, such terms will be rendered invalid and the remainder of this Agreement shall be not be affected thereby.
Appears in 6 contracts
Samples: Investment Advisory Agreement (MSD Investment Corp.), Administration Agreement (MSD Investment Corp.), Investment Advisory Agreement (AFC BDC Inc.)
Severability. If any provision of this Agreement shall be are held or made invalid by a court decision, statute, rule rule, regulation , decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected therebyand, to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 6 contracts
Samples: Agency Services and Delegation Agreement (One Group), Order Processing Agreement (One Group), Recordkeeping and Late Trading Agreement (One Group)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, a statute, rule a rule, or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 6 contracts
Samples: Management Agreement (Liberty Variable Investment Trust), Fund Advisory Agreement (Steinroe Variable Investment Trust), Administration Agreement (Steinroe Variable Investment Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 6 contracts
Samples: Investment Subadvisory Agreement (Green Century Funds), Investment Subadvisory Agreement (Green Century Funds), Investment Subadvisory Agreement (Green Century Funds)
Severability. If In the event that any provision part or parts of this ------------ Agreement shall be held illegal or made invalid unenforceable by a any court decisionor administrative body of competent jurisdiction, statute, rule or otherwise, such determination shall not affect the remainder remaining provisions of this Agreement which shall not be affected therebyremain in full force and effect.
Appears in 6 contracts
Samples: Shareholder Agreements (Coolsavings Com Inc), Registration Rights Agreement (Coolsavings Com Inc), Securities Purchase Agreement (Scottish Annuity & Life Holdings LTD)
Severability. If any provision of this the Agreement shall be held or made invalid by a court decision, statute, rule rule, or otherwise, the remainder of this the Agreement shall not be affected therebythereby and shall remain in full force and effect as if the invalidated provision had not been included herein.
Appears in 5 contracts
Samples: Consulting Agreement (Parkview Group Inc), Consulting Agreement (Parkview Group Inc), Consulting Agreement (Parkview Group Inc)
Severability. If any provision of this Agreement shall become or shall be held or made invalid by found to be invalidby a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 5 contracts
Samples: Sponsor Agreement (Touchstone Investment Trust), Sponsor Agreement (Touchstone Investment Trust), Sponsor Agreement (Touchstone Strategic Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby. This agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors.
Appears in 5 contracts
Samples: Certificate of Amendment of Certificate of Trust (Berkshire Funds), Investment Advisory Agreement (Berkshire Capital Investment Trust), Investment Advisory Agreement (Tristar Investment Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby, and, to this extent, the provisions of this Agreement shall be deemed to be so severable.
Appears in 5 contracts
Samples: Investment Advisory Agreement (Asa Hedged Equity Fund LLC), Investment Advisory Agreement (Asa Debt Arbitrage Fund LLC), Investment Advisory Agreement (Asa Market Neutral Equity Fund LLC)
Severability. If any provision part of this Agreement shall be or the application of any part is held or made invalid by a court decision, statute, rule or otherwiseof competent jurisdiction, the remainder of this Agreement shall not be affected therebyand shall be construed and enforced to the fullest extent allowed by law.
Appears in 4 contracts
Samples: Employment Agreement (CREATIVE LEARNING Corp), Employment Agreement (CREATIVE LEARNING Corp), Employment Agreement (CREATIVE LEARNING Corp)
Severability. If any provision of this Agreement shall be held or made ------------ invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebythereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 4 contracts
Samples: Distribution Agreement (Curian Series Trust), Portfolio Manager Agreement (Fulcrum Trust), Portfolio Manager Agreement (Fulcrum Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, a statute, rule a rule, or otherwise, the remainder of this Agreement shall not be affected thereby. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original.
Appears in 4 contracts
Samples: Investment Advisory Agreement (Columbia Funds Variable Insurance Trust), Fund Advisory Agreement (Steinroe Variable Investment Trust), Investment Advisory Agreement (Steinroe Variable Investment Trust)
Severability. If any provision of this Agreement shall be held or made found to be invalid by a court decision, statute, rule or otherwise, the remainder reminder of this Agreement shall not be affected thereby.
Appears in 4 contracts
Samples: Sponsorship Agreement (Security Capital Employee Reit Fund Inc), Sponsorship Agreement (Security Capital U S Real Estate Shares Inc), Sponsorship Agreement (Security Capital Real Estate Mutual Funds Inc)
Severability. If any provision of this Agreement shall be held is deemed or made invalid by a court decision, statute, rule rule, or otherwise, the remainder of this Agreement shall will not be affected thereby.
Appears in 4 contracts
Samples: Investment Advisory Agreement (Vanguard Whitehall Funds), Investment Advisory Agreement (Vanguard Quantitative Funds), Investment Advisory Agreement (Vanguard Horizon Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebythereby to the fullest extent permitted by law.
Appears in 4 contracts
Samples: Sub Advisory Agreement (Mercer Funds), Sub Advisory Agreement (Mercer Funds), Sub Advisory Agreement (Mercer Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a any court decisionof competent jurisdiction, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 4 contracts
Samples: Management Agreement (Bridgeway Funds Inc), Management Agreement (Bridgeway Fund Inc), Management Agreement (Bridgeway Fund Inc)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebythereby and, to this extent, the provisions of this Agreement shall be deemed to be severable. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors.
Appears in 4 contracts
Samples: Investment Advisory Agreement (Steben Alternative Investment Funds), Investment Advisory Agreement (Steben Alternative Investment Funds), Investment Management Agreement (Steben Select Multi-Strategy Fund)
Severability. If any provision provisions of this Agreement Agreement. shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 3 contracts
Samples: Investment Advisory Agreement (Uam Funds Inc), Investment Advisory Agreement (Uam Funds Inc), Investment Advisory Agreement (Uam Funds Inc)
Severability. If any provision of this Agreement shall be is held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected effected thereby.
Appears in 3 contracts
Samples: Investment Sub Advisory Agreement (Wells Fargo Funds Trust), Investment Sub Advisory Agreement (Wells Fargo Funds Trust), Investment Sub Advisory Agreement (Wells Fargo Funds Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this the Agreement shall not be affected therebythereby unless removal of such provision would frustrate the purpose of the parties in entering into this agreement.
Appears in 3 contracts
Samples: Fund Participation Agreement (Mutual of America Separate Account No 2), Fund Participation Agreement (Mutual of America Separate Account No 3), Fund Participation Agreement (Mutual of America Separate Account No 2)
Severability. If Should any provision part of this Agreement shall be held or made held, invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby_ This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors.
Appears in 3 contracts
Samples: Investment Sub Advisory Agreement (Sterling Capital Funds), Investment Sub Advisory Agreement (Sterling Capital Funds), Investment Sub Advisory Agreement (Sterling Capital Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statutestatue, rule or otherwiseotherwsise, the remainder of this Agreement shall not be affected thereby.
Appears in 3 contracts
Samples: Portfolio Management Agreement (Evergreen Equity Trust /De/), Portfolio Management Agreement (Evergreen Equity Trust /De/), Portfolio Management Agreement (Evergreen Variable Trust /Oh)
Severability. If any provision provisions of this Agreement shall be held ------------ or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 3 contracts
Samples: Investment Advisory Agreement (Brinson Relationship Funds), Investment Advisory Agreement (Brinson Relationship Funds), Interim Investment Advisory Agreement (Uam Funds Inc)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule rule, or otherwiseotherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.
Appears in 3 contracts
Samples: Expense Limitation Agreement (Harvest Volatility Edge Trust), Expense Limitation Agreement (Harvest Volatility Edge Trust), Expense Limitation Agreement (Harvest Volatility Edge Trust)
Severability. If any provision of this Agreement agreement shall be held or ------------ made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement agreement shall not be affected thereby.
Appears in 3 contracts
Samples: Participation Agreement (State Farm Variable Product Trust), Service Agreement (State Farm Variable Product Trust), Investment Sub Advisory Agreement (State Farm Variable Product Trust)
Severability. If any provision of this Agreement shall be held or made _____________ invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 3 contracts
Samples: Investment Advisory Agreement (Met Investors Series Trust), Selling Agreement (Metlife Investors Variable Annuity Account One), Selling Agreement (First Metlife Investors Variable Annuity Account One)
Severability. If any provision of this Agreement shall be ------------ held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 3 contracts
Samples: Investment Advisory Agreement (Huntington Funds /Ma/), Investment Advisory Agreement (Huntington Funds /Ma/), Investment Advisory Agreement (Huntington Funds /Ma/)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected therebythereby and, to this extent, the provisions of this Agreement shall be deemed to be severable in the jurisdiction which so determines.
Appears in 3 contracts
Samples: Administration and Transfer Agency Agreement (Mellon Optima L/S Strategy Fund, LLC), Administration Agreement (UBS Managed Futures LLC (Aspect Series)), Administration Agreement (UBS Managed Futures LLC (Aspect Series))
