Common use of Structure of Agreement Clause in Contracts

Structure of Agreement. The Company is entering into this Agreement on behalf of the respective Funds 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 Company 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 Adviser 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 Company and the particular Fund to which such relationship and consideration applies. This Agreement is intended to govern only the relationships between the Adviser, on the one hand, and the Company and the Funds, on the other hand, and (except as specifically provided above in this Paragraph 14) is not intended to and shall not govern (i) the relationship between the Company and any Fund or (ii) the relationships among the respective Funds. 15.

Appears in 2 contracts

Samples: And Termination Agreement and Plan of Conversion (Victory Portfolios), And Termination Agreement and Plan of Conversion (Victory Portfolios)

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Structure of Agreement. The Company Trust is entering into this Agreement on behalf of the respective Funds fund 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 Company 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 Adviser Advisor 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 Company Trust and the particular Fund fund to which such relationship and consideration applies. This Agreement is intended to govern only the relationships between the AdviserAdvisor, on the one hand, and the Company Trust and the Fundsfunds, on the other hand, and (except as specifically provided above in this Paragraph 1416) is not intended to and shall not govern (i) the relationship between the Company Trust and any Fund fund or (ii) the relationships among the respective Funds. 15funds.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Nottingham Investment Trust Ii), Investment Advisory Agreement (Nottingham Investment Trust Ii)

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Structure of Agreement. The Company Trust is entering into this Agreement on behalf of the respective Funds 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 Company 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 Adviser 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 Company Trust and the particular Fund to which such relationship and consideration applies. This Agreement is intended to govern only the relationships between the Adviser, on the one hand, and the Company Trust and the Funds, on the other hand, and (except as specifically provided above in this Paragraph 1416) is not intended to and shall not govern (i) the relationship between the Company Trust and any Fund or (ii) the relationships among the respective Funds. 15.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Hillman Capital Management Investment Trust), Investment Advisory Agreement (FSP Investment Trust)

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