Common use of Structure of Agreement Clause in Contracts

Structure of Agreement. For avoidance of doubt, the parties hereto agree: (a) any breach of any term of this Agreement regarding the Trust with respect to any Fund shall not create a right or obligation with respect to any other series of the Trust; (b) under no circumstances shall the Adviser have the right to set off claims relating to a Fund by applying property of any other series of the Trust; and (c) the business and contractual relationships created by this Agreement, consideration for entering into this Agreement, and the consequences of such relationship and consideration relate solely to the Trust and the Funds and not to any other series of the Trust. This Agreement is intended to govern only the relationships between the Adviser and the Sub-Adviser with respect to services provided to the Trust and the Funds, and (except as specifically provided above in this Paragraph 16) is not intended to and shall not govern (i) the relationship between the Trust and the Funds or (ii) the relationships among the Funds and any other series of the Trust.

Structure of Agreement. For avoidance of doubt, the parties hereto agree: (a) any breach of any term of this Agreement regarding the Trust with respect to any the Fund shall not create a right or obligation with respect to any other series of the Trust; (b) under no circumstances shall the Adviser have the right to set off claims relating to a the Fund by applying property of any other series of the Trust; and (c) the business and contractual relationships created by this Agreement, consideration for entering into this Agreement, and the consequences of such relationship and consideration relate solely to the Trust and the Funds Fund and not to any other series of the Trust. This Agreement is intended to govern only the relationships between the Adviser and the Sub-Adviser with respect to services provided to the Trust and the FundsFund, and (except as specifically provided above in this Paragraph 1614) is not intended to and shall not govern (i) the relationship between the Trust and the Funds Fund or (ii) the relationships among the Funds Fund and any other series of the Trust.