Common use of TERM AND TERMINATION OF THIS AGREEMENT; NO ASSIGNMENT Clause in Contracts

TERM AND TERMINATION OF THIS AGREEMENT; NO ASSIGNMENT. This Agreement shall become effective on the date hereof and shall remain in effect for a period of no more than 150 days. Notwithstanding the foregoing: (a) the Trust may, at any time and without the payment of any penalty, terminate this Agreement upon 10 days written notice of a decision to terminate this Agreement by (i) the Board of Trustees; or (ii) the vote of a majority of the outstanding voting securities (as defined in the Act) of a Fund; (b) Sub-Advisor may, at any time and without the payment of any penalty, terminate this Agreement upon 60 days written notice to the Trust; (c) this Agreement shall terminate immediately upon the effectiveness of any new investment advisory agreement that has been approved by a majority of a Fund’s outstanding voting securities (as defined in the Act) at a meeting called for that purpose; and (d) this Agreement shall automatically terminate in the event of any assignment by the Sub-Advisor. The term “assignment” as used in this paragraph shall have the meaning ascribed thereto by the Act and any regulations or interpretations of the SEC thereunder. The provisions of Section 8 of this Agreement shall survive its termination.