Common use of TERMINATION; NO ASSIGNMENT; AMENDMENT Clause in Contracts

TERMINATION; NO ASSIGNMENT; AMENDMENT. (a) This Agreement may be terminated by the Trust on behalf of any Fund at any time without payment of any penalty, by the Board of Trustees or by vote of a majority of the outstanding voting securities of such Fund, upon written notice to the Adviser, and by the Adviser upon sixty (60) days’ written notice to such Fund. In the event of a termination, the Adviser shall cooperate in the orderly transfer of such Fund’s affairs and, at the request of the Board of Trustees, transfer any and all books and records of each Fund maintained by the Adviser on behalf of such Fund. (b) This Agreement shall terminate automatically in the event of any assignment thereof, as defined in the Investment Company Act. (c) This Agreement constitutes the entire agreement between the Trust on behalf of each Fund and the Adviser with respect to its subject matter and may be amended or modified only by a writing signed by duly authorized officers of both the Trust and the Adviser. This Agreement shall pertain to each Fund and to such additional investment portfolios of the Trust as shall be designated in amendments or supplements to this Agreement, as further agreed between the Trust and the Adviser.