Term, Termination and Assignment a. The compensation provisions of Section 3 related to the Distribution and Servicing Plans shall remain in effect for not more than a year and thereafter for successive annual periods only so long as such continuance is specifically approved by a vote of the Trustees of the Board who are not “interested persons” of each Company and have no direct or indirect financial interest in the operation of each Distribution and Servicing Plan or in any provisions of this Agreement related to such Distribution and Servicing Plans (“Disinterested Directors”), cast in person at a meeting called for the purpose of voting on such plans or agreements.
b. Any party hereto may terminate this Agreement by giving 30 days’ written notice to the other parties, and this Agreement shall terminate automatically: (1) with respect to a Fund in the event that the Fund liquidates or reorganizes into another Fund, (2) in the event that Intermediary ceases to be a member in good standing of FINRA, and (3) upon Intermediary violating any anti-bribery and corruption laws or engaging in any other unlawful conduct referenced in Section 11. In the event: (i) of an assignment (within the meaning of the 0000 Xxx) of this Agreement or (ii) any Distribution and Servicing Plan terminates, is not continued or ceases to remain in effect, then the provisions of this Agreement relating to such plan automatically shall terminate with respect to the Shares covered by such assignment or such terminated plan, to the extent required by applicable law, rule or regulation or the terms of the applicable plan.
c. The compensation provisions of Section 3 related to Distribution and Servicing Plans also may be terminated at any time with respect to any Fund without payment of any penalty, to the extent required by applicable law, rule or regulation or provided in the Distribution and Servicing Plan, by vote of a majority of the Disinterested Directors of the applicable Company, or by vote of a majority of the outstanding voting securities of such Fund on 60 days’ written notice.
d. This Agreement shall inure to the benefit of the successors and assigns of any party hereto, provided, however, that no party may assign this Agreement without the prior written consent of the other parties, except that Distributor may assign this Agreement to an affiliate that provides similar services to a Company upon 30 days’ prior written notice to Intermediary unless such an assignment would be deemed an assignment within the ...
Term, Termination and Assignment. This Agreement will operate on a continuous basis until terminated by either party with sixty (60) days' prior written notice to the other party. This Agreement shall automatically terminate in the event that the investment advisory contract between the Adviser and the Fund shall have terminated for any reason. Neither party shall assign this agreement without the prior written consent of the other party.
Term, Termination and Assignment. This Agreement shall commence on date hereof and may be terminated at any time by either Party by giving written notice of such termination to the other Party. Additionally, termination of the BCP Agreement will result in the termination of this Agreement and or the termination of this Agreement will also result in the termination of the BCP Agreement. No assignment, as that term is defined in the Advisers Act, of the Agreement, shall be made by Adviser without the consent of Client, which consent may be implied if Monex sends notice of such assignment to client, and Client does not object in writing to the assignment within the period specified in the notice.
Term, Termination and Assignment a. Intermediary may terminate this Agreement by giving 30 days’ written notice to Distributor, Distributor may terminate this Agreement immediately upon notice to Intermediary and this Agreement shall terminate automatically: (1) with respect to a Portfolio in the event that the Portfolio liquidates or reorganizes into another investment company, (2) in the event that Intermediary ceases to be a member in good standing of FINRA, (3) upon Intermediary violating any anti-money laundering, sanctions, or anti-bribery or corruption laws or engaging in any other unlawful conduct referenced in Section 10, and (4) with respect to a Company upon the effective date of the termination of the participation agreement among Company, Distributor and the Trusts.
b. This Agreement shall inure to the benefit of the successors and assigns of any party hereto, provided, however, that no party may assign this Agreement without the prior written consent of the other party, except that Distributor may assign this Agreement to an affiliate that provides similar services to a Portfolio upon 30 days’ prior written notice to Intermediary unless such an assignment would be deemed an assignment within the meaning of applicable provisions of the 1940 Act.
Term, Termination and Assignment. This Agreement will operate on a continuous basis until terminated by either party with sixty (60) days' prior written notice to the other party, except that the Adviser may terminate this Agreement on ten (10) days' prior written notice in the event of a breach or breaches of this Agreement by Milliman which the Adviser deems, in its sole discretion, to be material. This Agreement shall automatically terminate with respect to a Fund in the event that the investment advisory contract between the Adviser and such Fund shall have terminated for any reason but shall continue with respect to the other Funds. Neither party shall assign this agreement without the express prior written consent of the other party.
Term, Termination and Assignment. This Agreement will operate on a continuous basis until terminated by either party with sixty (60) days’ prior written notice to the other party, except that the Adviser may terminate this Agreement on ten (10) days’ prior written notice in the event of a breach or breaches of this Agreement by Milliman which the Adviser deems, in its sole discretion, to be material. Neither party shall assign this agreement without the express prior written consent of the other party.
Term, Termination and Assignment. 6.1 Validity of sponsorship: 1 year after the subscription gets activated by GYGA with automatic renewal. The sponsorship will be renewed automatically on annual basis. In case Sponsor wants to end the subscription, Sponsor must inform XXXX accordingly, at least 3 months before the end of the running period.
6.2 The Agreement will terminate automatically if Sponsor fails to comply with the limitations described above or otherwise commit any material breach of the terms hereof.
6.3 This Agreement ends immediately in case of bankruptcy, (provisional) suspension of payment, closing down c.q. liquidation of the company of Sponsor.
6.4 If this Agreement ends, XXXX shall remain at all times the owner of the DATA.
Term, Termination and Assignment. 11.1. For ongoing Services, the Order concluded between Grow Online Marketing and the Customer shall be renewed automatically after one year or another agreed term corresponding to the preceding term as set out in the Order.
11.2. Each Party may terminate an Order by giving 30 days’ written notice.
11.3. The Agreement may be terminated:
11.3.1 Subject to exhaustion of the remedies available to Customer under clause 6,1, by either party forthwith on notice in the event of a material failure by the other to comply with the Terms of the Order which (if capable of remedy) has not been remedied within 30 days of a written request from the party not in default specifying the nature of the breach and requesting the same be remedied;
11.3.2 If either party becomes or is insolvent or is unable to pay its debts (within the meaning of the Insolvency Act 1986) or (except for the purposes of a genuine amalgamation or reconstruction) a petition is presented or meeting convened or resolution passed for winding up the defaulting party or the defaulting party enters into liquidation whether compulsorily or voluntarily or compounds with its creditors generally or has a receiver, administrator, or administrative receiver appointed over all or any part of its assets or the defaulting party ceases to carry on all or a substantial part of its business.
11.4. Grow Online Marketing shall, in addition to all other rights and remedies under these Terms be entitled to terminate this Order forthwith in the event that any of its charges for the Services are not paid in accordance with these Terms.
11.5. Upon termination, regardless of the reason therefore, the parties shall be obliged to return all materials received without undue delay. If relevant, the Customer shall be obliged to remove codes, etc, from websites without undue delay. If the Customer fails to do so, Grow Online Marketing shall be entitled to invoice for subsequent Services.
11.6. Customer shall not be permitted to assign or transfer all or any part of its rights or obligations under the Order and these Terms without the prior written consent of Grow Online Marketing.
11.7. Grow Online Marketing shall be entitled to assign or subcontract any of its rights or obligations under the Order and these Terms and the Customer acknowledges that certain elements of the Services will be provided by third parties.
Term, Termination and Assignment. This Agreement shall have an initial term until September 30, 2000, and, if not terminated in accordance with the provisions hereof, shall automatically renew for additional one-year terms. This Agreement may be terminated (a) by either party, upon notice given at least ninety days before the expiration of the initial term or any additional term, effective as of the end of such term; or (b) by either party in the event of breach of this Agreement by the other party (including, without limitation, the Custodian's failure to meet reasonable performance standards) after notice of such breach and failure to cure such breach within sixty days thereafter, effective immediately upon the expiration of such sixty-day notice period or at such later time as the terminating party may specify by notice. Upon termination of this Agreement, the Custodian shall deliver the Securities and cash in the Account of the Fund to such entity as is designated in writing by the Fund and in the absence of such a designation may, but shall not be obligated to, deliver them to a bank or trust company of the Custodian's own selection having an aggregate capital, surplus and undivided profits as shown by its last published report of not less than 50 million dollars ($50,000,000), the Securities and cash to be held by such bank or trust company for the benefit of the Fund under terms similar to those of this Agreement and the Fund to be obligated to pay to such transferee the then current rates of such transferee for services rendered by it; provided, however, that the Custodian may decline to transfer such amount of such Securities and cash equivalent to all fees and other sums owing by the Fund to the Custodian, and the Custodian shall have a charge against and security interest in such amount until all monies owing to it have been paid, or escrowed to its satisfaction. This Agreement may not be assigned by the Custodian without the consent of the Fund, authorized or approved by a resolution of the Fund's Board of Trustees."
3. Addresses for notices under the Custodian Agreement shall be as set forth below, or to such other addresses as may hereafter be provided in accordance with Section 21 of the Custodian Agreement.
(a) If to IBT, at Investors Bank & Trust Company 000 Xxxxxxxxx Xxxxxx Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxxx, Executive Vice President with a copy to: Investors Bank & Trust Company 000 Xxxxxxxxx Xxxxxx Xxxxxx, XX 00000 Attention: Xxxx X. Xxxxx, Esq., General Coun...
Term, Termination and Assignment. 15.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if the other party:
15.2 commits a material breach of the Contract and (if such breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
15.3 becomes or is bankrupt or is unable to pay your debts.
15.4 The Company shall, in addition to all other rights and remedies under these Terms be entitled to terminate this Contract without notice in the event that any of its charges or the Contract Price for the Services are not paid in accordance with these Terms.
15.5 The Landlord shall not be permitted to assign or transfer all or any part of its rights or obligations under the Contract and these Terms without the prior written consent of the Company.
15.6 The Company shall be entitled to assign or subcontract any of its rights or obligations under the Contract and these Terms and the Landlord acknowledges that certain elements of the Services will be provided by third-parties.
15.7 In the event of early cancellation no refund is due to the Landlord.
