Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.
Appears in 2603 contracts
Samples: Limitation Agreement (James Alpha Funds Trust), Operating Expenses Limitation Agreement (Northern Lights Fund Trust), Operating Expenses Limitation/Affe Agreement (NEOS ETF Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute decision or rule, or shall be otherwise rendered invalidapplicable law, the remainder of this the Agreement shall not be affected therebyadversely and shall remain in full force and effect.
Appears in 968 contracts
Samples: Subadvisory Agreement (Nationwide Variable Insurance Trust), Sub Advisory Agreement (Northern Lights Fund Trust Iii), Subadvisory Agreement (Nationwide Mutual Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute or statute, rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 870 contracts
Samples: Investment Advisory Agreement (Spinnaker ETF Series), Operating Expense Limitation Agreement (Ultra Series Fund), Operating Expense Limitation Agreement (Ultra Series Fund)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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 750 contracts
Samples: Investment Sub Advisory Agreement (Cantor Select Portfolios Trust), Investment Consultant Agreement (Bow River Capital Evergreen Fund), Investment Consultant Agreement (Bow River Capital Evergreen Fund)
Severability. If any provision of this Agreement shall be is held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall will not be affected thereby.
Appears in 741 contracts
Samples: Participation Agreement (Separate Account a of Pacific Life Insurance Co), Participation Agreement (Separate Account a of Pacific Life Insurance Co), Participation Agreement (Separate Account a of Pacific Life Insurance Co)
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 579 contracts
Samples: Investment Advisory Agreement (Morgan Stanley Institutional Fund Inc), Shareholder Priority Plan and Nav Support Agreement (KKR Alternative Assets LLC), Investment Advisory Agreement (StepStone Private Credit Income Fund)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby. 12.
Appears in 342 contracts
Samples: And Security Agreement (Northern Lights Fund Trust Ii), Operating Expenses Limitation and Security Agreement (Northern Lights Fund Trust IV), Agreement (Northern Lights Fund Trust Iii)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby. 8.
Appears in 276 contracts
Samples: Operating Expenses Limitation Agreement (Kurv ETF Trust), Unified Series Trust Operating Expense Limitation Agreement (Unified Series Trust), Unified Series Trust Operating Expense Limitation Agreement (Unified Series Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this the Agreement shall not be affected thereby.
Appears in 187 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 will be held or made invalid by a court decision, statute or statute, rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall will not be affected thereby.
Appears in 186 contracts
Samples: Sub Subadvisory Agreement (Guardian Variable Products Trust), Investment Advisory Agreement (Vanguard Scottsdale Funds), Execution Version (Harbor Funds II)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected therebythereby affected.
Appears in 171 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 statute, rule or rule, or shall be otherwise rendered invalidsimilar authority, the remainder of this Agreement shall not be affected thereby.
Appears in 168 contracts
Samples: Distribution Agreement (American Century Etf Trust), Distribution Agreement (American Century Mutual Funds, Inc.), Distribution Agreement (American Century Variable Portfolios Inc)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall otherwise be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.
Appears in 166 contracts
Samples: Expense Limitation Agreement (Virtus Variable Insurance Trust), Expense Limitation Agreement (Virtus Asset Trust), Expense Limitation Agreement (Virtus Asset Trust)
Severability. If any provision portion of this Agreement shall be held found to be invalid or made invalid unenforceable by a court decision, statute or rule, tribunal or shall be otherwise rendered invalidregulatory agency of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, but shall have the same force and effect as if the invalid or unenforceable portion had not been inserted.
Appears in 160 contracts
Samples: Variable Insurance Portfolio (Modern Woodmen of America Variable Annuity Account), Administrative Services Agreement (Separate Account a of Pacific Life & Annuity Co), Administrative Services Agreement (Separate Account a of Pacific Life & Annuity Co)
Severability. If any provision of this Agreement agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement agreement shall not be affected thereby.
Appears in 121 contracts
Samples: Investment Manager Agreement (City National Rochdale Funds), Investment Manager Agreement (City National Rochdale Funds), Participation Agreement
Severability. If any provision of this Agreement shall be is held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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 any provision of this Agreement shall be held or made invalid by a court decision, statute statue, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not thereby be affected therebyaffected.
Appears in 100 contracts
Samples: Sub Sub Advisory Agreement (MassMutual Access Pine Point Fund), Sub Sub Advisory Agreement (MassMutual Access Pine Point Fund), Sub Sub Advisory Agreement (MML Series Investment Fund II)
Severability. If any provision of this Agreement shall become or shall be held or made found to be invalid by a court decision, statute or statute, rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected therebyaffected.
Appears in 77 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 is held or made invalid by a court decision, statute or statute, rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 76 contracts
Samples: Series Trust Investment Advisory Agreement (Elevation Series Trust), Investment Advisory Agreement (Kurv ETF Trust), Investment Advisory Agreement (BondBloxx ETF Trust)
Severability. If any provision of the terms of this Agreement shall be held are invalid, changed by applicable law or made declared invalid by a order of court decision, statute or rule, or shall be otherwise rendered invalidregulatory authority, the remainder remaining terms of this Agreement shall not be affected therebyaffected, and this Agreement shall be interpreted as if the invalid terms had not been included in this Agreement.
Appears in 60 contracts
Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement
Severability. If any provision portion of this Agreement shall be held found to be invalid or made invalid unenforceable by a court decision, statute or rule, tribunal or shall be otherwise rendered invalidregulatory agency of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, but shall have the same force and effect as if the invalid or unenforceable portion had not been part of the Agreement.
Appears in 58 contracts
Samples: Agreement (Separate Account a of Pacific Life & Annuity Co), Agreement (Separate Account a of Pacific Life & Annuity Co), Agreement (Separate Account a of Pacific Life Insurance Co)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute statue, rule or rule, or shall be otherwise rendered invalidotherwise, 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 Fixed Income Trust /De/), Form of 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 statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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 57 contracts
Samples: Platform Management Agreement (First Trust Enhanced Private Credit Fund), Platform Management Agreement (FT Vest Total Return Income Fund: Series A2), Platform Management Agreement (FT Vest Hedged Equity Income Fund: Series A2)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute or statute, rule, or shall be otherwise rendered invalidotherwise, 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 any provision of this Agreement shall be held or made ------------ invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 47 contracts
Samples: Agreement (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, statute statue, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected therebythereby affected.
Appears in 43 contracts
Samples: Management Services Agreement (Access One Trust), Management Services Agreement (Direxion Shares ETF Trust), Management Services Agreement (Direxion Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, 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 Services Agreement (Delaware Investments Global Dividend & Income Fund Inc), Fund Accounting and Financial Administration Services Agreement (Delaware Group Tax Free Money Fund Inc /)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected therebydeemed to be severable.
Appears in 39 contracts
Samples: Investment Management Agreement (Reserve Municipal Money Market Trust), Investment Management Agreement (Reserve Short Term Investment Trust), Comprehensive Fee Investment Management Agreement (Reserve Funds /Ny/)
Severability. If any provision portion of this Agreement shall be held found to be invalid or made invalid unenforceable by a court decision, statute or rule, tribunal or shall be otherwise rendered invalidregulatory agency of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, but shall have the same force and effect as if the invalid or unenforceable portion had not been part of this Agreement.
Appears in 38 contracts
Samples: Limitation Agreement (USCF Mutual Funds Trust), Expense Limitation Agreement (SCM Trust), Expense Limitation Agreement (SCM Trust)
Severability. If any provision of this Agreement shall be is held or made invalid by a court decision, statute decision or rule, or shall be otherwise rendered invalidapplicable 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 statute, or rule, or otherwise shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.
Appears in 35 contracts
Samples: Expense Limitation Agreement (Advisors' Inner Circle Fund III), Expense Limitation Agreement (Advisors' Inner Circle Fund II), Expense Limitation Agreement (Advisors' Inner Circle Fund III)
Severability. If any provision of this Agreement shall be held or made invalid by a court decisionstatute, statute or rule, regulation, decision of a tribunal or shall be otherwise rendered invalidotherwise, 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, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 32 contracts
Samples: Agreement (Metropolitan Series Fund), Investment Advisory and Management Agreement (First Funds), Investment Advisory and Management Agreement (First Funds)
Severability. If any provision portion of this Agreement shall be held found to be invalid or made invalid unenforceable by a court decision, statute or rule, tribunal or shall be otherwise rendered invalidregulatory agency of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, but shall have the same force and effect as of the invalid or unenforceable portion had not been inserted.
Appears in 32 contracts
Samples: Administrative Services Agreement (Separate Account a of Pacific Life & Annuity Co), Administrative Services Agreement (Separate Account a of Pacific Life & Annuity Co), Administrative Services Agreement (Separate Account a of Pacific Life Insurance Co)
Severability. If any provision portion of this Agreement shall be held found to be invalid or made invalid unenforceable by a court decision, statute or rule, tribunal or shall be otherwise rendered invalidregulatory agency or competent jurisdiction, the remainder of this Agreement shall not be affected thereby, but shall have the same force and effect as if the invalid or unenforceable portion had not been inserted.
Appears in 30 contracts
Samples: Plan Payments Agreement (Brighthouse Funds Trust II), Plan Payments Agreement (Brighthouse Funds Trust II), Plan Payments Agreement (Brighthouse Funds Trust II)
Severability. If any provision of this Agreement shall be held or made invalid by a court decisiondecision or applicable law, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this the Agreement shall not be affected therebythereby and shall remain in full force and effect.
Appears in 28 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 statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this the Agreement shall not be affected thereby.
Appears in 26 contracts
Samples: Administrative Shareholder Services Agreement (Edward Jones Money Market Fund), Capitol Series Trust (Capitol Series Trust), Shareholder Services Agreement (American Independence Funds Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalidunder the applicable law of any jurisdiction, the remainder of this Agreement shall not be affected thereby.
Appears in 25 contracts
Samples: Standby Purchase Agreement (AmBase Corp), Standby Purchase Agreement (Barc Investments LLC), Standby Purchase Agreement (RumbleOn, Inc.)
Severability. If any provision of this Agreement shall is held to be held or otherwise made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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 24 contracts
Samples: Investment Advisory Agreement (Horizon Funds), Investment Advisory Agreement (Horizon Funds), Investment Advisory Agreement (Horizon Funds)
Severability. If any term or provision of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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 23 contracts
Samples: Distribution Agreement (VOYA INSURANCE & ANNUITY Co), Distribution Agreement (VOYA INSURANCE & ANNUITY Co), Distribution Agreement (VOYA INSURANCE & ANNUITY Co)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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), Sub Advisory Agreement (Transamerica Idex Mutual Funds)
Severability. If Should any provision of this Agreement shall be held or made invalid by a court decision, statute or statute, rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 22 contracts
Samples: Subadvisory Agreement (Milliman Variable Insurance Trust), Investment Advisory Agreement (Innovator ETFs Trust), Investment Advisory Agreement (Innovator ETFs Trust)
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected thereby. 10.
Appears in 21 contracts
Samples: Investment Advisory Agreement (Beacon Global Advisors Inc), Investment Advisory Agreement Agreement (Farrell Alpha Strategies), Investment Advisory Agreement (Alleghany Funds)
Severability. If any provision provisions of this Agreement shall be held or ------------ made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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 (Brinson Funds Inc)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute statute, or rule, 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 decision, statute or ruletribunal having proper jurisdiction to be invalid, or shall be otherwise rendered invalidillegal, or unenforceable, 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 (Nisun International Enterprise Development Group Co., LTD), Employment Agreement (Fortune Valley Treasures, Inc.), Employment Agreement (Farmmi, Inc.)
Severability. If any provision of this Agreement shall be held or made invalid or unenforceable by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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 any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, 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: Administration Services Agreement (Delaware Group Equity Funds I), Accounting and Financial Administration Oversight Agreement (Delaware Group Adviser Funds Inc /Md/), Accounting and Financial Administration Oversight Agreement (Voyageur Intermediate Tax Free 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 or statute, rule, or shall be otherwise rendered invalidotherwise, 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 provisions of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected thereby. 13.
Appears in 14 contracts
Samples: Investment Advisory Agreement (Morgan Stanley Institutional Fund Inc), Investment Advisory Agreement (Morgan Stanley Institutional Fund Inc), Investment Advisory Agreement (Morgan Stanley Institutional Fund Inc)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise 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 portion of this Agreement shall be held invalid or made illegal for any reason, such event shall not affect or render invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, unenforceable the remainder of this Agreement shall not be affected therebyAgreement.
Appears in 13 contracts
Samples: Restricted Share Agreement (W. P. Carey Inc.), Restricted Share Agreement (W. P. Carey Inc.), Restricted Share Unit Agreement (W. P. Carey Inc.)
Severability. If any provision of this Agreement shall be held or made ____________ invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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 provisions of this Agreement shall be held or made ------------- invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 13 contracts
Samples: Investment Advisory Agreement (Brinson Funds Inc), Investment Advisory Agreement (Brinson Funds Inc), Investment Advisory Agreement (Brinson Funds Inc)
Severability. If Should any provision of this Agreement shall be held declared or made invalid by a court decision, statute or rule, or shall determined to be otherwise rendered invalid, the remainder validity of this Agreement the remaining parts, terms, or provisions shall not be affected affected thereby, and the invalid part, term, or provision shall be modified, if possible, to make it valid or, if modification is not possible, such part, term or provision shall be deemed not to be a part of this Agreement.
Appears in 12 contracts
Samples: Non Solicitation and Confidentiality Agreement, Non Solicitation and Confidentiality Agreement, Non Solicitation and Confidentiality Agreement
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute or statute, rule, or shall be otherwise rendered invalidotherwise, 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 of this Agreement agreement shall be held or made invalid by a court decision, statute decision or rule, or shall be otherwise rendered invalidapplicable 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 statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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 decisionstatute, statute or rule, regulation, decision of a tribunal or shall be otherwise rendered invalidotherwise, 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: Agreement for Services (World Health Alternatives Inc), 10 Agreement (World Health Alternatives Inc), Agreement (Innovative Designs Inc)
Severability. If any provision of this Agreement shall be held or made invalid void or unenforceable by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 11 contracts
Samples: Distribution Agreement, Distribution Agreement (Carillon Series Trust), Distribution Agreement (Eagle Capital Appreciation Fund)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute statute, and rule or rule, or shall be otherwise rendered invalidotherwise, 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, statute or rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.
Appears in 10 contracts
Samples: Rochdale Structured Claims Fixed Income Fund (City National Rochdale Structured Claims Fixed Income Fund LLC), Expense Limitation Agreement (City National Rochdale High Yield Alternative Strategies Fund TEI LLC), 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 in whole or in part by a court decision, statute or statute, rule, or shall be otherwise rendered invalidotherwise, the remainder remaining provisions of this the Agreement shall not be affected thereby. Invalid provisions shall, in accordance with the intent and purpose of this Agreement, be replaced by mutual consent of the parties with such valid provisions which in their economic effect come as closely as legally possible to such invalid provisions.
Appears in 10 contracts
Samples: Shareholder Web Services Agreement (Old Mutual Advisor Funds), Shareholder Service Agreement (Domini Social Investment Trust), Sub Shareholder Services Agreement (PBHG Advisor Funds Inc)
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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 10 contracts
Samples: Sub Advisory Agreement (PNC Funds), Sub Advisory Agreement (Mercantile Funds Inc), Advisory Agreement (PNC Funds Inc)
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 or rule, or shall be otherwise rendered invalid, the remainder remaining provisions of this Agreement shall not be affected thereby.
Appears in 10 contracts
Samples: Chairman and Founder Employment Agreement (Callaway Golf Co /Ca), Employment Agreement (Callaway Golf Co /Ca), Executive Officer Employment Agreement (Callaway Golf Co /Ca)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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), Advisory Agreement (CNL Funds), Management Agreement (Old Mutual Advisor Funds Ii)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.
Appears in 9 contracts
Samples: Underwriting Agreement (Ge Life & Annuity Assurance Co Iv), Underwriting Agreement (Ge Life & Annuity Assurance Co Iv), Exhibit 1a (Life of Virginia Separate Account Ii)
Severability. If any provision of this Agreement shall be held or made rendered invalid by a court decision, statute state or rulefederal statute, administrative rule or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected therebyrendered invalid.
Appears in 9 contracts
Samples: Dealer Sales Agreement (Genworth Life & Annuity Insurance Co), General Agent Agreement (Genworth Life & Annuity VA Separate Account 3), 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 statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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), Administrative Services Agreement (Massachusetts Mutual Variable Life Separate Account I)
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected thereby. 11.
Appears in 8 contracts
Samples: Investment Advisory Agreement (Ubs Relationship Funds), Investment Advisory Agreement (Matthews International Funds), Investment Advisory Agreement (Matthews International Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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), Sub Advisory Agreement (FS Series Trust), Investment Sub Advisory Agreement (FS Multi-Alternative Income Fund)
Severability. If any provision of this Agreement shall be held or made invalid determined, by a court decisionhaving jurisdiction, statute to be invalid, illegal or rule, or shall be otherwise rendered invalidunenforceable, 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 a part of this Agreement.
Appears in 8 contracts
Samples: Agreement Concerning Exclusive Services (Corporate Executive Board Co), Agreement Concerning Exclusive Services (Corporate Executive Board Co), Agreement Concerning Exclusive Services (Corporate Executive Board Co)
Severability. If any provision provisions of this Agreement shall be held or made ------------ invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 8 contracts
Samples: Investment Advisory Agreement (Brinson Funds Inc), Investment Advisory Agreement (Brinson Funds Inc), Underwriting Agreement (Companion Life Separate Account B)
Severability. If any provision provisions of this Agreement Agreement. shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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 a provision of this Agreement agreement shall be held or made invalid by a court decision, statute or statute, rule, or shall be otherwise rendered invalid, the remainder of this Agreement agreement shall not be affected therebyaffected.
Appears in 8 contracts
Samples: Insurance Company Distribution Agreement (Southland Separate Account L1), Reliastar Life Ins Co of New York Var Life Sep Acct I, Reliastar Life Ins Co of New York Var Life Sep Acct I
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected thereby. 12.
Appears in 7 contracts
Samples: Investment Advisory Agreement (Ubs Funds), Investment Advisory Agreement (Ubs Funds), Investment Advisory Agreement (Ubs Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute or statue, rule, or shall be otherwise rendered invalidotherwise, 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 statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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 7 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 statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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 any provision of this Agreement shall be are held or made invalid by a court decisionstatute, statute or rule, regulation , decision of a tribunal or shall be otherwise rendered invalidotherwise, 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: Order Processing Agreement (One Group), Order Processing Agreement (One Group), Order Processing Agreement (One Group)
Severability. If any term or provision of this Agreement shall be held or made invalid by a court decision, statute statute, or rule, or otherwise shall be otherwise rendered invalid, then the remainder of this Agreement shall not be affected thereby.
Appears in 6 contracts
Samples: Expense Limitation Agreement (Thirdline Real Estate Income Fund), Expense Limitation Agreement (Fundrise Growth Tech Fund, LLC), Expense Limitation Agreement (Thirdline Real Estate Income Fund)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall 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: Administration Agreement (MSD Investment Corp.), Investment Advisory Agreement (MSD Investment Corp.), Administration Agreement (AFC BDC Inc.)
Severability. If any provision of this Agreement shall be held or made invalid unenforceable by a court decision, statute or statute, rule, regulation or shall be otherwise rendered invalidotherwise, the remainder remaining provisions of this Agreement shall not be affected thereby. 14.
Appears in 6 contracts
Samples: Agreement (Strong Conservative Equity Funds Inc), Agreement (Strong Short Term Bond Fund Inc), Agreement (Strong Total Return Fund Inc)
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected therebythereby affected.
Appears in 6 contracts
Samples: Davis International Series Inc, Davis International Series Inc, Davis International Series Inc
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute or a statute, a rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 6 contracts
Samples: Keyport Variable Investment Trust Management Agreement (Liberty Variable Investment Trust), Fund Advisory Agreement (Steinroe Variable Investment Trust), Fund 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 statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this the Agreement shall not be affected therebyaffected.
Appears in 6 contracts
Samples: Agent Agreement (Greater China Fund Inc), Credit Suisse High Yield Bond Fund, China Fund Inc
Severability. If any provision of this Agreement shall be held or made invalid by a court decisiondecision in a judicial or administrative proceeding, statute statute, rule or ruleotherwise, or shall be otherwise rendered invalid, the enforceability of the remainder of this Agreement shall will not be affected impaired thereby.
Appears in 6 contracts
Samples: Sub Distribution and Servicing Agreement (Bishop Street Funds), Sub Distribution and Servicing Agreement (TD Asset Management USA Funds Inc.), Sub Distribution and Servicing Agreement (Winton Diversified Opportunities Fund)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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 Market Neutral Equity Fund LLC), Investment Advisory Agreement (Asa Managed Futures Fund LLC), Investment Advisory Agreement (Asa Hedged Equity Fund LLC)
Severability. If it is determined by a court of competent jurisdiction that any provision of this Agreement shall be held or made is invalid by a court decision, statute or rule, or shall be otherwise rendered invalidunder applicable law, the remainder of this Agreement Agreement, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.
Appears in 5 contracts
Samples: Agreement (Divine Interventures Inc), Divine Interventures Inc, Divine Interventures Inc
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected thereby. 12.
Appears in 5 contracts
Samples: Subadvisory Agreement (Sunamerica Series Trust), Investment Subadvisory Agreement Agreement (Metropolitan Series Fund), Agreement (Met Investors Series Trust)
Severability. If any provision of this the Agreement shall be held or made invalid by a court decision, statute or statute, rule, or shall be otherwise rendered invalidotherwise, 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 be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected therebythereby affected. 8.
Appears in 5 contracts
Samples: Management Agreement (William Blair Mutual Funds Inc), Investment Advisory Agreement (Van Kampen American Capital Prime Rate Income Trust), Investment Advisory Agreement (Van Kampen American Capital Prime Rate Income Trust)
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, 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. 10.
Appears in 5 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 should be held deemed invalid or made invalid unenforceable by a final decision of any court decisionof competent jurisdiction, statute or rule, or shall be otherwise rendered invalid, then the remainder remaining provisions of this Agreement shall remain in effect and shall not be affected therebyby any such decision.
Appears in 5 contracts
Samples: Supply Agreement, Water Treatment Agreement, Facilities and Operations Agreement
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 statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 5 contracts
Samples: Sponsor Agreement (Touchstone Strategic Trust), Sponsor Agreement (Touchstone Strategic Trust), Sponsor Agreement (Touchstone Investment Trust)
Severability. If any provision or portion of this Agreement is declared invalid or by any court of competent jurisdiction, then such provision or determination shall be held not affect any other provisions or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remainder portions of this Agreement Agreement. Those remaining provisions and/or portions shall not be affected therebyremain in full force and effect.
Appears in 4 contracts
Samples: Referral Agency Agreement, Provider Agreement, Provider Agreement
Severability. If In the event that any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, such provision shall not affect the validity of the remainder of this Agreement, and the remainder of this Agreement shall be construed as if the invalid provision or provisions had not be affected therebybeen included.
Appears in 4 contracts
Samples: Non Exclusive Distribution Agreement (Medicor LTD), Non Exclusive Distribution Agreement (Medicor LTD), Non Exclusive Distribution Agreement (Medicor LTD)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute statute, rule or rule, or shall be otherwise rendered invalidotherwise, the remainder of this Agreement shall not be affected thereby. 24.
Appears in 4 contracts
Samples: Sub Advisory Agreement (Wt Mutual Fund), Distribution Agreement (Pauze Funds), Distribution Agreement (Grand Prix Funds Inc)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute or a statute, a rule, or shall be otherwise rendered invalidotherwise, 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)
