Structure of Agreement. The Trust is entering into this Agreement on behalf of the respective fund severally and not jointly. The responsibilities and benefits set forth in this Agreement shall refer to each fund severally and not jointly. No fund shall have any responsibility for any obligation of any other fund arising out of this Agreement. Without otherwise limiting the generality of the foregoing: (a) any breach of any term of this Agreement regarding the Trust with respect to any one fund shall not create a right or obligation with respect to any other fund; (b) under no circumstances shall the Advisor have the right to set off claims relating to a fund by applying property of any other fund; 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 particular fund to which such relationship and consideration applies. This Agreement is intended to govern only the relationships between the Advisor, on the one hand, and the Trust and the funds, on the other hand, 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 any fund or (ii) the relationships among the respective funds.
Appears in 2 contracts
Samples: Investment Advisory Agreement (Nottingham Investment Trust Ii), Investment Advisory Agreement (Nottingham Investment Trust Ii)
Structure of Agreement. The Trust Company is entering into this Agreement on behalf of the respective fund Funds severally and not jointly. The responsibilities and benefits set forth in this Agreement shall refer to each fund Fund severally and not jointly. No fund Fund shall have any responsibility for any obligation of any other fund Fund arising out of this Agreement. Without otherwise limiting the generality of the foregoing: (a) any breach of any term of this Agreement regarding the Trust Company with respect to any one fund Fund shall not create a right or obligation with respect to any other fundFund; (b) under no circumstances shall the Advisor Adviser have the right to set off claims relating to a fund Fund by applying property of any other fundFund; 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 Company and the particular fund Fund to which such relationship and consideration applies. This Agreement is intended to govern only the relationships between the AdvisorAdviser, on the one hand, and the Trust Company and the fundsFunds, on the other hand, and (except as specifically provided above in this Paragraph 1614) is not intended to and shall not govern (i) the relationship between the Trust Company and any fund Fund or (ii) the relationships among the respective fundsFunds. 15.
Appears in 2 contracts
Samples: And Termination Agreement and Plan of Conversion (Victory Portfolios), And Termination Agreement and Plan of Conversion (Victory Portfolios)
Structure of Agreement. The Trust is entering into this Agreement on behalf of the respective fund Funds severally and not jointly. The responsibilities and benefits set forth in this Agreement shall refer to each fund Fund severally and not jointly. No fund Fund shall have any responsibility for any obligation of any other fund Fund arising out of this Agreement. Without otherwise limiting the generality of the foregoing: (a) any breach of any term of this Agreement regarding the Trust with respect to any one fund Fund shall not create a right or obligation with respect to any other fundFund; (b) under no circumstances shall the Advisor Adviser have the right to set off claims relating to a fund Fund by applying property of any other fundFund; 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 particular fund Fund to which such relationship and consideration applies. This Agreement is intended to govern only the relationships between the AdvisorAdviser, on the one hand, and the Trust and the fundsFunds, on the other hand, 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 any fund Fund or (ii) the relationships among the respective fundsFunds.
Appears in 2 contracts
Samples: Investment Advisory Agreement (Hillman Capital Management Investment Trust), Investment Advisory Agreement (FSP Investment Trust)
Structure of Agreement. The Trust Company is entering into this Agreement on behalf of the respective fund underlying Funds listed on Schedule A attached hereto severally and not jointly. The responsibilities and benefits set forth in this Agreement shall refer to each fund Fund severally and not jointly. No fund Fund shall have any responsibility for any obligation of any other fund Fund arising out of this Agreement. Without otherwise limiting the generality of the foregoing: (a) any breach of any term of this Agreement regarding the Trust Company with respect to any one fund Fund shall not create a right or obligation with respect to any other fundFund; (b) under no circumstances shall the Advisor Adviser have the right to set off claims relating to a fund Fund by applying property of any other fundFund; 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 Company and the particular fund Fund to which such relationship and consideration applies. This Agreement is intended to govern only the relationships between the AdvisorAdviser, on the one hand, and the Trust Company and the fundsFunds, on the other hand, and (except as specifically provided above in this Paragraph 16paragraph 12) is not 7 intended to and shall not govern (i) the relationship between the Trust Company and any fund Fund or (ii) the relationships among the respective fundsFunds. 13.
Appears in 1 contract
Samples: SBSF Funds Inc