Common use of Status of Investment Adviser Clause in Contracts

Status of Investment Adviser. The services of the Adviser to the Trust and the Funds are not to be deemed exclusive, and the Adviser shall be free to render similar services to others so long as its services to the Trust and the Funds are not impaired thereby and provided that whenever the Funds and one or more other accounts advised by the Adviser are prepared to purchase or sell the same security, available investments or opportunities for sales will be allocated in accordance with the written policies of the Adviser and in a manner believed by the Adviser to be equitable to each entity under the specific circumstances. The Adviser shall be deemed to be an independent contractor and shall, unless otherwise expressly provided or authorized, have no authority to act for or represent the Trust or the Funds in any way or otherwise be deemed an agent of the Trust or the Funds. Nothing in this Agreement shall limit or restrict the right of any director, officer or employee of the Adviser, who may also be a trustee, officer or employee of the Trust, to engage in any other business or to devote his or her time and attention in part to the management or other aspects of any other business, whether of a similar nature or a dissimilar nature.

Appears in 8 contracts

Samples: Investment Advisory Agreement (ALPS Series Trust), Interim Investment Advisory Agreement (ALPS Series Trust), Investment Advisory Agreement (ALPS Series Trust)

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Status of Investment Adviser. The services of the Adviser to the Trust and the Funds Fund are not to be deemed exclusive, and the Adviser shall be free to render similar services to others so long as its services to the Trust and the Funds Fund are not impaired thereby and provided that whenever the Funds Fund and one or more other accounts advised by the Adviser are prepared to purchase or sell the same security, available investments or opportunities for sales will be allocated in accordance with the written policies of the Adviser and in a manner believed by the Adviser to be equitable to each entity under the specific circumstances. The Adviser shall be deemed to be an independent contractor and shall, unless otherwise expressly provided or authorized, have no authority to act for or represent the Trust or the Funds Fund in any way or otherwise be deemed an agent of the Trust or the FundsFund. Nothing in this Agreement shall limit or restrict the right of any director, officer or employee of the Adviser, who may also be a trustee, officer or employee of the Trust, to engage in any other business or to devote his or her time and attention in part to the management or other aspects of any other business, whether of a similar nature or a dissimilar nature.

Appears in 4 contracts

Samples: Interim Investment Advisory Agreement (ALPS Series Trust), Investment Advisory Agreement (ALPS Series Trust), Investment Advisory Agreement (ALPS Series Trust)

Status of Investment Adviser. The services of the Adviser to the Trust and the Funds each Fund are not to be deemed exclusive, and the Adviser shall be free to render similar services to others so long as its services to the Trust and the Funds each Fund are not impaired thereby and provided that whenever the Funds a Fund and one or more other accounts advised by the Adviser are prepared to purchase or sell the same security, available investments or opportunities for sales will be allocated in accordance with the written policies of the Adviser and in a manner believed by the Adviser to be equitable to each entity under the specific circumstances. The Adviser shall be deemed to be an independent contractor and shall, unless otherwise expressly provided or authorized, have no authority to act for or represent the Trust or the Funds a Fund in any way or otherwise be deemed an agent of the Trust or the Fundsa Fund. Nothing in this Agreement shall limit or restrict the right of any director, officer or employee of the Adviser, who may also be a trusteeTrustee, officer or employee of the Trust, to engage in any other business or to devote his or her time and attention in part to the management or other aspects of any other business, whether of a similar nature or a dissimilar nature.

Appears in 3 contracts

Samples: Investment Advisory Agreement (XD Fund Trust), Investment Advisory Agreement (ALPS Series Trust), Investment Advisory Agreement (ALPS Series Trust)

Status of Investment Adviser. The services of the Adviser to the Trust and the Funds Fund are not to be deemed exclusive, and the Adviser shall be free to render similar services to others so long as its services to the Trust and the Funds Fund are not impaired thereby and provided that whenever the Funds Fund and one or more other accounts advised by the Adviser are prepared to purchase or sell the same security, available investments or opportunities for sales will be allocated in accordance with the written policies of the Adviser and in a manner believed by the Adviser to be equitable to each entity under the specific circumstances. The Adviser shall be deemed to be an independent contractor and shall, unless otherwise expressly provided or authorizedauthorized within this Agreement or by other written authority, have no authority to act for or represent the Trust or the Funds Fund in any way or otherwise be deemed an agent of the Trust or the FundsFund. Nothing in this Agreement shall limit or restrict the right of any director, officer or employee of the Adviser, who may also be a trusteeTrustee, officer or employee of the TrustFund, to engage in any other business or to devote his or her time and attention in part to the management or other aspects of any other business, whether of a similar nature or a dissimilar nature.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Denali Structured Return Strategy Fund), Investment Advisory Agreement (Niagara Income Opportunities Fund), Investment Advisory Agreement (Alpha Alternative Assets Fund)

Status of Investment Adviser. The services Services of the Adviser to the Trust and the Funds Fund are not to be deemed exclusive, and the Adviser shall be free to render similar services to others so long as its services Services to the Trust and the Funds Fund are not impaired thereby and provided that whenever the Funds Fund and one or more other accounts advised by the Adviser are prepared to purchase or sell the same security, available investments or opportunities for sales will be allocated in accordance with the written policies of the Adviser and in a manner believed by the Adviser to be equitable to each entity under the specific circumstances. The Adviser shall be deemed to be an independent contractor and shall, unless otherwise expressly provided or authorizedauthorized within this Agreement or by other written authority, have no authority to act for or represent the Trust or the Funds Fund in any way or otherwise be deemed an agent of the Trust or the FundsFund. Nothing in this Agreement shall limit or restrict the right of any director, officer or employee of the Adviser, who may also be a trusteeTrustee, officer or employee of the TrustFund, to engage in any other business or to devote his or her time and attention in part to the management or other aspects of any other business, whether of a similar nature or a dissimilar nature.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Institutional Investment Strategy Fund), Investment Advisory Agreement (Institutional Investment Strategy Fund), Investment Advisory Agreement (List Income Opportunities Fund)

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Status of Investment Adviser. The services of the Adviser to the Trust and the Funds are not to be deemed exclusive, and the Adviser shall be free to render similar services to others so long as its services to the Trust and the Funds are not impaired thereby and provided that whenever the Funds and one or more other accounts advised by the Adviser are prepared to purchase or sell the same security, available investments or opportunities for sales will be allocated in accordance with the written policies of the Adviser and in a manner believed by the Adviser to be equitable to each entity under the specific circumstances. The Adviser shall be deemed to be an independent contractor and shall, unless otherwise expressly provided or authorized, have no authority to act for or represent the Trust or the Funds in any way or otherwise be deemed an agent of the Trust or the Funds. Nothing in this Agreement shall limit or restrict the right of any director, officer or employee of the Adviser, who may also be a trusteeTrustee, officer or employee of the Trust, to engage in any other business or to devote his or her time and attention in part to the management or other aspects of any other business, whether of a similar nature or a dissimilar nature.

Appears in 2 contracts

Samples: Investment Advisory Agreement (ALPS Series Trust), Investment Advisory Agreement (ALPS Series Trust)

Status of Investment Adviser. The services of the Adviser to the Trust and the Funds Fund are not to be deemed exclusive, and the Adviser shall be free to render similar services to others so long as its services to the Trust and the Funds Fund are not impaired thereby and provided that whenever the Funds Fund and one or more other accounts advised by the Adviser are prepared to purchase or sell the same security, available investments or opportunities for sales will be allocated in accordance with the written policies of the Adviser and in a manner believed by the Adviser to be equitable to each entity under the specific circumstances. The Adviser shall be deemed to be an independent contractor and shall, unless otherwise expressly provided or authorized, have no authority to act for or represent the Trust or the Funds Fund in any way or otherwise be deemed an agent of the Trust or the FundsFund. Nothing in this Agreement shall limit or restrict the right of any director, officer or employee of the Adviser, who may also be a trusteeTrustee, officer or employee of the Trust, to engage in any other business or to devote his or her time and attention in part to the management or other aspects of any other business, whether of a similar nature or a dissimilar nature.

Appears in 1 contract

Samples: Investment Advisory Agreement (ALPS Series Trust)

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