Common use of Subadviser Compliance Responsibilities Clause in Contracts

Subadviser Compliance Responsibilities. The Subadviser and the Adviser acknowledge that the Subadviser is not the compliance agent for the Fund or the Adviser, and does not have access to all of the Trust's books and records necessary to perform certain compliance testing. However, to the extent that the Subadviser has agreed to perform the services specified in this Agreement, the Subadviser shall perform compliance testing with respect to the Assets based upon information in its possession and upon information and written instructions received from the Adviser or the Trust's Administrator and shall not be held in breach of this Agreement so long as it performs in accordance with such information and instructions. Specifically, the Subadviser shall not be responsible for the Fund being in violation of any applicable law or regulation or investment policy or restriction applicable to the Fund as a whole or for the Fund's failure to qualify as a regulated investment company under the Code if the securities and other holdings of the Assets would not be in such violation or failing to so qualify if the Assets were deemed a separate series of the Trust or a separate regulated investment company under the Code. The Adviser or Trust's Administrator shall promptly provide the Subadviser with copies of the Trust's Declaration of Trust, By-Laws, current Prospectus and any written policies or procedures adopted by the Board applicable to the Assets and any amendments or revisions thereto. Subadviser shall supply such reports or other documentation as reasonably requested from time to time by the Adviser to evidence Subadviser's compliance with such Prospectus, policies or procedures.

Subadviser Compliance Responsibilities. The Subadviser and the Adviser acknowledge that the Subadviser is not the compliance agent for the Fund Funds or the Adviser, and does not have access to all of the Trust's ’s books and records necessary to perform certain compliance testing. However, to the extent that the Subadviser has agreed to perform the services specified in this Agreement, the Subadviser shall perform compliance testing with respect to the Assets based upon information in its possession and upon information and written instructions received from the Adviser or the Trust's ’s Administrator and shall not be held in breach of this Agreement so long as it performs in accordance with such information and instructions. Specifically, the Subadviser shall not be responsible for the Fund being in violation of any applicable law or regulation or investment policy or restriction applicable to the Fund as a whole or for the Fund's failure to qualify as a regulated investment company under the Code if the securities and other holdings of the Assets would not be in such violation or failing to so qualify if the Assets were deemed a separate series of the Trust or a separate regulated investment company under the Code. The Adviser or Trust's ’s Administrator shall promptly provide the Subadviser with copies of the Trust's ’s Declaration of Trust, By-Laws, current Prospectus and any written policies or procedures adopted by the Board applicable to the Assets and any amendments or revisions theretothereto and shall notify the Subadviser of any amendments to such documents that would have a material impact on the Subadviser’s ability to perform in accordance with the terms of this Agreement. The Subadviser shall supply such reports or other documentation as reasonably requested from time to time by the Adviser to evidence the Subadviser's ’s compliance with such Prospectus, policies or procedures.

Subadviser Compliance Responsibilities. The Subadviser and the Adviser acknowledge that the Subadviser is not the compliance agent for the Fund or the Adviser, and does not have access to all of the Trust's ’s books and records necessary to perform certain compliance testing. However, to the extent that the Subadviser has agreed to perform the services specified in this Agreement, the Subadviser shall perform compliance testing with respect to the Assets based upon information in its possession and upon information and written instructions received from the Adviser or the Trust's ’s Administrator and shall not be held in breach of this Agreement so long as it performs in accordance with such information and instructions. Specifically, the Subadviser shall not be responsible for the Fund being in violation of any applicable law or regulation or investment policy or restriction applicable to the Fund as a whole or for the Fund's ’s failure to qualify as a regulated investment company under the Code if the securities and other holdings of the Assets would not be in such violation or failing to so qualify if the Assets were deemed a separate series of the Trust or a separate regulated investment company under the Code. The Adviser or Trust's ’s Administrator shall promptly provide the Subadviser with copies of the Trust's ’s Declaration of Trust, By-Laws, current Prospectus and any written policies or procedures adopted by the Board applicable to the Assets and any amendments or revisions thereto. Subadviser shall supply such reports or other documentation as reasonably requested from time to time by the Adviser to evidence Subadviser's ’s compliance with such Prospectus, policies or procedures.

Subadviser Compliance Responsibilities. The Subadviser and the Adviser acknowledge that the Subadviser is not the compliance agent for the Fund Funds or the Adviser, and does not have access to all of the Trust's ’s books and records necessary to perform certain compliance testing. However, to the extent that the Subadviser has agreed to perform the services specified in this Agreement, the Subadviser shall perform compliance testing with respect to the Assets Funds based upon information in its possession and upon information and written instructions received from the Adviser or the Trust's ’s Administrator and shall not be held in breach of this Agreement so long as it the Subadviser performs in accordance with such information and instructions. Specifically, the Subadviser shall not be responsible for the Fund being in violation of any applicable law or regulation or investment policy or restriction applicable to the Fund as a whole or for the Fund's failure to qualify as a regulated investment company under the Code if the securities and other holdings of the Assets would not be in such violation or failing to so qualify if the Assets were deemed a separate series of the Trust or a separate regulated investment company under the Code. The Adviser or Trust's ’s Administrator shall promptly provide the Subadviser with copies of the Trust's ’s Declaration of Trust, By-Laws, current Prospectus and any written policies or procedures adopted by the Board applicable to the Assets Funds and any amendments or revisions theretothereto and shall notify the Subadviser of any amendments to such documents that would have a material impact on the Subadviser’s ability to perform in accordance with the terms of this Agreement. The Subadviser shall supply such reports or other documentation as reasonably requested from time to time by the Adviser to evidence the Subadviser's ’s compliance with such Prospectus, policies or procedures.

Subadviser Compliance Responsibilities. The Subadviser and the Adviser acknowledge that the Subadviser is not the compliance agent for the Fund or the Adviser, and does not have access to all of the Trust's ’s books and records necessary to perform certain compliance testing. However, to the extent that the Subadviser has agreed to perform the services specified in this Agreement, the Subadviser shall perform compliance testing with respect to the Assets based upon information in its possession and upon information and written instructions received from the Adviser or the Trust's ’s Administrator and shall not be held in breach of this Agreement so long as it performs in accordance with such information and instructions. Specifically, the Subadviser shall not be responsible for the Fund being in violation of any applicable law or regulation or investment policy or restriction applicable to the Fund as a whole or for the Fund's ’s failure to qualify as a regulated investment company under the Code if the securities and other holdings of the Assets would not be in such violation or failing to so qualify if the Assets were deemed a separate series of the Trust or a separate regulated investment company under the Code. The Adviser or Trust's ’s Administrator shall promptly provide the Subadviser with copies of the Trust's ’s Declaration of Trust, By-Laws, current Prospectus and any written policies or procedures adopted by the Board applicable to the Assets and any amendments or revisions thereto. The Subadviser shall supply such reports or other documentation as reasonably requested from time to time by the Adviser to evidence the Subadviser's ’s compliance with such Prospectus, policies or procedures.

Subadviser Compliance Responsibilities. The Subadviser and the Adviser acknowledge that the Subadviser is not the compliance agent for the Fund Funds or the Adviser, and does not have access to all of the Trust's ’s books and records necessary to perform certain compliance testing. However, to the extent that the Subadviser has agreed to perform the services specified in this Agreement, the Subadviser shall perform compliance testing with respect to the Assets Funds based upon information in its possession and upon information and written instructions received from the Adviser or the Trust's ’s Administrator and shall not be held in breach of this Agreement so long as it performs in accordance with such information and instructions. Specifically, the Subadviser shall not be responsible for the Fund being in violation of any applicable law or regulation or investment policy or restriction applicable to the Fund as a whole or for the Fund's failure to qualify as a regulated investment company under the Code if the securities and other holdings of the Assets would not be in such violation or failing to so qualify if the Assets were deemed a separate series of the Trust or a separate regulated investment company under the Code. The Adviser or Trust's ’s Administrator shall promptly provide the Subadviser with copies of the Trust's ’s Declaration of Trust, By-Laws, current Prospectus and any written policies or procedures adopted by the Board applicable to the Assets Funds and any amendments or revisions theretothereto and shall notify the Subadviser of any amendments to such documents that would have a material impact on the Subadviser’s ability to perform in accordance with the terms of this Agreement. The Subadviser shall supply such reports or other documentation as reasonably requested from time to time by the Adviser to evidence the Subadviser's ’s compliance with such Prospectus, policies or procedures.

Subadviser Compliance Responsibilities. The Subadviser and the Adviser acknowledge that the Subadviser is not the compliance agent for the Fund or the Adviser, and does not have access to all of the Trust's Fund’s books and records necessary to perform certain compliance testing. However, to the extent that the Subadviser has agreed to perform the services specified in this Agreement, the Subadviser shall perform compliance testing with respect to the Assets based upon information in its possession and upon information and written instructions received from the Adviser or the Trust's Fund’s Administrator and shall not be held in breach of this Agreement so long as it performs in accordance with such information and instructions. Specifically, the Subadviser shall not be responsible for the Fund being in violation of any applicable law or regulation or investment policy or restriction applicable to the Fund as a whole or for the Fund's failure to qualify as a regulated investment company under the Code if the securities and other holdings of the Assets would not be in such violation or failing to so qualify if the Assets were deemed a separate series of the Trust or a separate regulated investment company under the CodeFund. The Adviser or Trust's Fund’s Administrator shall promptly provide the Subadviser with copies of the Trust's Declaration Fund’s Certificate of TrustFormation, By-LawsLLC Agreement, current Prospectus Offering Memorandum and any written policies or procedures adopted by the Board applicable to the Assets and any amendments or revisions thereto. Subadviser shall supply such reports or other documentation as reasonably requested from time to time by the Adviser to evidence Subadviser's ’s compliance with such ProspectusOffering Memorandum, policies or procedures.

Subadviser Compliance Responsibilities. The Subadviser and the Adviser acknowledge that the Subadviser is not the compliance agent for the Fund or the AdviserFund, and does not have access to all of the Trust's books and records necessary to perform certain compliance testing. However, to the extent that the Subadviser has agreed to perform the services specified in this Agreement, the Subadviser shall perform compliance testing with respect to the Subadviser Assets based upon information in its possession and upon information and written instructions received from the Adviser or the Trust's Administrator and shall not be held in breach of this Agreement so long as it performs in accordance with such information and instructions. Specifically, the Subadviser shall not be responsible for the Fund being in violation of any applicable law or regulation or investment policy or restriction applicable to the Fund as a whole or for the Fund's failure to qualify as a regulated investment company under the Code if the securities and other holdings of the Subadviser Assets would not be in such violation or failing to so qualify if the Subadviser Assets were deemed a separate series of the Trust or a separate regulated investment company under the Code. The Adviser or Trust's Administrator shall promptly provide the Subadviser with copies of the Trust's Declaration of Trust, By-By- Laws, current Prospectus and any written policies or procedures adopted by the Board applicable to the Subadviser Assets and any amendments or revisions thereto. Subadviser shall supply such reports or other documentation as reasonably requested from time to time by the Adviser to evidence Subadviser's compliance with such Prospectus, policies or procedures.