Common use of Termination or Assignment Clause in Contracts

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty (60) days' written notice and sent by registered mail to the Custodian or to the Fund at the following address: Fund - Attention: Xxxxx Xxxxxx Xxx Xxxxx Xxxx Xxxxx Xxxxxxxxxxx, Xxxxxxxx 00000 Custodian - Attention: Xxxxxx Xxxxxxxx 000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxx, Xxxxxxxx 00000 Upon termination of this Agreement, the Custodian shall not deliver the Fund's property to the Fund, but shall (i) deliver such property to a successor Custodian designated by resolution of the board of Directors of the Fund, a certified copy of which has been delivered to the Custodian, or (ii) if no certified copy of a resolution designating a successor custodian is received by the Custodian within 60 days' of the Custodian's receipt of the notice of termination, the Custodian shall deliver the Fund's property to Xxxxxx, if Xxxxxx is then acting as a custodian for assets of the Fund, or (iii) if Xxxxxx is not then acting as a custodian for assets of the Fund, the Custodian shall continue to hold the Fund's property pursuant to the provisions of this Agreement or the Authorized Instructions of any Authorized Persons, until a successor custodian is designated. The Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Article 7 of this Agreement. The Fund agrees to name a successor custodian within sixty (60) days after the written notice of termination is received or delivered. This Agreement may not be assigned by Custodian without the consent of the Fund authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the FundSkyline, or by the Custodian, on sixty ninety (6090) days' written notice days notice, given in writing and sent by registered mail to the Custodian at X.X. Xxx 00X0, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund Skyline at the following address: Fund - Attention: Xxxxx Xxxxxx Xxx Xxxxx Xxxx Xxxxx Xxxxxxxxxxx, Xxxxxxxx 00000 Custodian - Attention: Xxxxxx Xxxxxxxx 000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxxXxxxx, Xxxxxxxx 00000 Chicago, Illinois 60606-6675, as the case may be. Upon any termination of this Agreement, the Custodian shall not deliver the Fund's property to the Fund, but shall successor custodian appointed by Skyline's Board of Trustees (ias evidenced by a certified vote) deliver such property to a successor Custodian designated by resolution at the office of the board Custodian, all securities and other property held by it hereunder, with such securities duly endorsed for transfer. If no such successor custodian shall be appointed, Custodian shall, in like manner, upon receipt of Directors of the Fund, a certified copy of which has been delivered to a vote of the CustodianBoard of Trustees of Skyline, deliver at the office of Custodian such securities, funds and other properties in accordance with such vote. In the event that no written order designating a successor custodian or (ii) if no certified copy of a resolution designating a successor custodian is received by the Custodian within 60 days' vote of the Custodian's receipt Board of Trustees shall have been delivered to Custodian on or before the notice of terminationdate when such termination shall become effective, the then Custodian shall have the right to deliver to a bank or trust company, which is a "bank" as defined in the Fund's Investment Company Act of 1940, of its own selection, having an aggregate capital, surplus, and undivided profits, as shown by its last published report, of not less than $25,000,000, all securities, funds and other properties held by Custodian and all instruments held by Custodian relative thereto and all other property to Xxxxxxheld by it under this Agreement. Thereafter, if Xxxxxx is then acting as a such bank or trust company shall be the successor of Custodian under this Agreement. Notwithstanding the foregoing, custodian for assets of the Fund, or (iii) if Xxxxxx is not then acting as a custodian for assets of the Fund, the Custodian shall continue to hold the Fund's property pursuant to the provisions of this Agreement or the Authorized Instructions of any Authorized Persons, until a successor custodian is designated. The Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by the Custodian custodian or on or against the Custodiancustodian, and until full payment shall have been made to the Custodian custodian of all its fees, compensation, compensation costs and expenses, subject to the provisions of Article 7 Section 12 of this Agreement. The Fund agrees In the event that securities, funds and other properties remain in the possession of Custodian after the date of termination hereof owning to name failure of Skyline to procure the certified copy of vote referred to or of the Board of Trustees to appoint a successor custodian within sixty (60) days after custodian, Custodian shall be entitled to compensation for its services during such period as Custodian retains possession of such securities, funds and other properties in accordance with the written notice fee schedule most recently in effect and the provisions of termination is received or deliveredthis Agreement relating to the duties and obligations of Custodian shall remain in full force and effect. This Agreement may not be assigned by Custodian without the consent of the Fund Funds, authorized or approved by a resolution of its Board of DirectorsTrustees. This Agreement supersedes and terminates, as of the close of business on the date hereof, all prior contracts between Custodian and Skyline relating to custody of the assets of the Funds.

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty ninety (6090) days' written notice days notice, given in writing and sent by registered mail to the Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at Xxxxx X. Xxxx & Associates, Inc., 0000 Xxxxxx Xxxx Xxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000, as the following address: Fund - Attention: Xxxxx Xxxxxx Xxx Xxxxx Xxxx Xxxxx Xxxxxxxxxxx, Xxxxxxxx 00000 Custodian - Attention: Xxxxxx Xxxxxxxx 000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxx, Xxxxxxxx 00000 case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund's property Fund to the Fund, but shall (i) may deliver such property them to a successor Custodian designated bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by resolution its last published report of the board of Directors of the Fund, a certified copy of which has been delivered to the Custodian, or not less than Two Million Dollars (ii$2,000,000) if no certified copy of a resolution designating a successor custodian is received by the Custodian within 60 days' of the Custodian's receipt of the notice of termination, the Custodian shall deliver the Fund's property to Xxxxxx, if Xxxxxx is then acting as a custodian Custodian for assets of the Fund, or (iii) if Xxxxxx is not then acting as a custodian for assets of the Fund, the Custodian shall continue Fund to hold the Fund's property pursuant be held under terms similar to the provisions those of this Agreement or the Authorized Instructions of any Authorized PersonsAgreement, until a successor custodian is designated. The provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Article 7 Section 10 of this Agreement. The In the event that the Fund elects to terminate its relationship with Custodian prior to the first anniversary of this Agreement, the Fund agrees to name reimburse Custodian for those fees representing a successor custodian within sixty (60) days after discount to Custodian's standard fee schedule as provided to the written notice Fund and given as a concession to the Fund as part of termination is received or delivereda one year fee arrangement. This Agreement may not be assigned by Custodian without the consent of the Fund Fund, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the Fund, Trust or the Custodian by the Custodian, on sixty (60) days' 60 day's prior written notice and to the other, sent by registered mail to mail, provided that any termination by the Custodian or to the Fund at the following address: Fund - Attention: Xxxxx Xxxxxx Xxx Xxxxx Xxxx Xxxxx Xxxxxxxxxxx, Xxxxxxxx 00000 Custodian - Attention: Xxxxxx Xxxxxxxx 000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxx, Xxxxxxxx 00000 Upon termination of this Agreement, the Custodian Trust shall not deliver the Fund's property to the Fund, but shall (i) deliver such property to be authorized by a successor Custodian designated by resolution of the board of Directors of the Fundits Trustees, a properly certified copy of which has been delivered to the Custodian, or (ii) if no certified copy of a resolution designating a successor custodian is received by the Custodian within 60 days' of the Custodian's receipt of the shall accompany such notice of termination, and provided further, that such resolution shall specify the names of the persons to whom the Custodian shall deliver the Fund's property to Xxxxxx, if Xxxxxx is then acting as a custodian securities and cash held by the Custodian for assets the account of the FundTrust. If notice of termination is given by the Custodian, or (iii) if Xxxxxx is not then acting as the Trust shall, within 60 days following the giving of such notice, deliver to the Custodian a custodian for assets properly certified copy of resolution of its Trustees specifying the name of the Fundperson whom the Custodian shall deliver the securities and cash held by the Custodian for the account of the Trust. In either case, the Custodian will deliver such securities and cash to the person so specified. If within 60 days following the giving of a notice of termination by the Custodian, the Custodian does not receive from the Trust a properly certified copy of resolutions of the Trustees of the Trust specifying the names of the persons to whom the Custodian shall continue deliver the securities and cash held by it, the Custodian, at its election, may deliver the securities and cash to hold a bank, trust company or national bank doing business in any State of the Fund's property United States of America, such securities and cash to be held and disposed of pursuant to the provisions of this Agreement Agreement, or the Authorized Instructions of any Authorized Persons, may continue to hold such securities and cash until a successor custodian properly certified copy of resolutions as aforesaid is designated. The Custodian shall not be required delivered to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject . Subject to the provisions of Article 7 of this Agreement. The Fund agrees to name a successor custodian within sixty (60) days after the written notice of termination is received or delivered. This Section, this Agreement may not be assigned by the Custodian without the prior written consent of the Fund trust, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement may be terminated upon ninety (90) day's written notice given by one party to the other. Any notice required to be given by the Fundparties to each other under the terms of this Agreement shall be in writing, addressed and delivered, or by the Custodian, on sixty (60) days' written notice and sent by registered mail mailed to the Custodian or principal place of business of the other party. If to the agent, such notice should to be sent to Mutual Fund at the following addressServices, 615 E. Michigan Street, Milwaukex, Xxxxxxxxx 00000. Xx xx xxx Xxxxx, xxxx xxxxxx xhould be sent to: Fund - Attention: Mr. Erik L. Jonson, CPA Vice Prexxxxxx xxx Xxxxx Xxxxxx Xxx Financial Officer ICON Funds c/o Meridian Management & Research Corp. 12835 E. Arapahoe Road, Tower II Xxxxxxxxx, XX 00000 Xx. Xxxxxxx X. Xxxxxxxxxxxx Xxce Xxxxxxxxx xxx Secretary ICON Funds c/o AmeriPrime Financial 1793 Kingswood Drive, STE 200 Soxxxxxxx, XX 00000 Xx. Xxxxxxx X. Xxxxxx, Xx. Xxxepxxxxxx Xxxxx Xxxxxxx ICON Funds 103 Canyon Oaks San Antonio, TX 00000. Xxxx Xxxxx Xxxxxxxxxxx, Xxxxxxxx 00000 Custodian - Attention: Xxxxxx Xxxxxxxx 000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxx, Xxxxxxxx 00000 Upon termination xxx xxxxxnation of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Funds to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund's property Funds to the FundFunds, but shall (i) may deliver such property them to a successor Custodian designated bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by resolution its last published report of the board of Directors of the Fund, a certified copy of which has been delivered to the Custodian, or not less than two million dollars (ii$2,000,000) if no certified copy of a resolution designating a successor custodian is received by the Custodian within 60 days' of the Custodian's receipt of the notice of termination, the Custodian shall deliver the Fund's property to Xxxxxx, if Xxxxxx is then acting as a custodian Custodian for assets of the Fund, or (iii) if Xxxxxx is not then acting as a custodian for assets of the Fund, the Custodian shall continue Funds to hold the Fund's property pursuant be held under terms similar to the provisions those of this Agreement or the Authorized Instructions of any Authorized PersonsAgreement, until a successor custodian is designated. The provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund Funds of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Article 7 Section 10 of this Agreement. The Fund agrees to name a successor custodian within sixty (60) days after the written notice of termination is received or delivered. This Agreement may not be assigned by Custodian without the consent of the Fund Funds, authorized or approved by a resolution of its Board of DirectorsTrustees.

Termination or Assignment. This Agreement shall become effective as of the day and year first written above and shall continue in full force and effect automatically for successive annual periods unless otherwise terminated as provided herein. This Agreement may be terminated by either party at any time upon giving 90 days prior written notice to the Fund, other party or such shorter period as is mutually agreed upon by the Custodian, on sixty (60) days' written notice parties. This Agreement may be replaced or modified by a subsequent agreement between the parties. Notice shall be in writing and sent by registered mail to the Custodian at Firstar Bank, N.A., 000 Xxxx Xxxxxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxxx 00000 or to the Fund at the following address: Fund - Attention: Kinetics Portfolios Trust 0000 Xxxxxxxxxx Xxxxxx, Xxxxx Xxxxxx Xxx Xxxxx Xxxx Xxxxx Xxxxxxxxxxx, Xxxxxxxx 00000 Custodian - Attention: Xxxxxx Xxxxxxxx 000 Xxxxx Xxxxxx Xxxxxx XxxxxxxxxxxXxxxxx, Xxxxxxxx XX 00000 Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund's property Fund to the Fund, but shall (i) may deliver such property them to a successor Custodian designated by resolution bank or trust company of its own selection, that meets the requirements of the board Investment Company Act of Directors of the Fund, a certified copy of which has been delivered to the Custodian, or (ii) if no certified copy of a resolution designating a successor custodian is received by the Custodian within 60 days' of the Custodian's receipt of the notice of termination, the Custodian shall deliver the Fund's property to Xxxxxx, if Xxxxxx is then acting 1940 as a custodian Custodian for assets of the Fund, or (iii) if Xxxxxx is not then acting as a custodian for assets of the Fund, the Custodian shall continue Fund to hold the Fund's property pursuant be held under terms similar to the provisions those of this Agreement or the Authorized Instructions of any Authorized PersonsAgreement, until a successor custodian is designated. The provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Article 7 Section 10 of this Agreement. The Fund agrees to name a successor custodian within sixty (60) days after the written notice of termination is received or delivered. This Agreement may not be assigned by Custodian without the consent of the Fund Fund, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This Agreement may be terminated by the Fund, or by the Custodian, on sixty ninety (6090) days' written notice days notice, given in writing and sent by registered mail to the Custodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the Fund at the following address: Fund - Attention: Xxxxx Xxxxxx Xxx Xxxxx Xxxx & Associates, 0000 Xxxxxx Xxxx Xxxx, Xxxxx Xxxxxxxxxxx000, Xxxxxxxx 00000 Custodian - Attention: Xxxxxx Xxxxxxxx 000 Xxxxxx, Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxx00000, Xxxxxxxx 00000 as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund's property Fund to the Fund, but shall (i) may deliver such property them to a successor Custodian designated bank or trust company of its own selection, having an aggregate capital, surplus and undivided profits, as shown by resolution its last published report of the board of Directors of the Fund, a certified copy of which has been delivered to the Custodian, or not less than Two Million Dollars (ii$2,000,000) if no certified copy of a resolution designating a successor custodian is received by the Custodian within 60 days' of the Custodian's receipt of the notice of termination, the Custodian shall deliver the Fund's property to Xxxxxx, if Xxxxxx is then acting as a custodian Custodian for assets of the Fund, or (iii) if Xxxxxx is not then acting as a custodian for assets of the Fund, the Custodian shall continue Fund to hold the Fund's property pursuant be held under terms similar to the provisions those of this Agreement or the Authorized Instructions of any Authorized PersonsAgreement, until a successor custodian is designated. The provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Article 7 Section 10 of this Agreement. The In the event that the Fund elects to terminate its relationship with Custodian prior to the first anniversary of this Agreement, the Fund agrees to name reimburse Custodian for those fees representing a successor custodian within sixty (60) days after discount to Custodian's standard fee schedule as provided to the written notice Fund and given as a concession to the Fund as part of termination is received or delivereda one year fee arrangement. This Agreement may not be assigned by Custodian without the consent of the Fund Fund, authorized or approved by a resolution of its Board of Directors.

Termination or Assignment. This The initial term of this Agreement shall be from the date hereof until April 1, 2000. During the initial term of this Agreement, if the Fund or Kinetics Asset Management, Inc. terminates any services with FMFS, the Fund agrees to compensate FMFS an amount equal to the fees remaining under the initial term of this Agreement. Subsequent to the initial term, this Agreement may be terminated by either party at any time upon giving 90 days prior written notice to the Fund, other party or such shorter period as is mutually agreed upon by the Custodian, on sixty (60) days' written parties. This Agreement may be replaced or modified by a subsequent agreement between the parties. It is understood and agreed to by the parties that a notice to terminate one of the servicing contracts constitutes notice of termination for all servicing contracts that exist between the parties. Notice shall be in writing and sent by registered mail to the Custodian at Firstar Bank Milwaukee, NA, 000 Xxxx Xxxxxxxx Xxxxxx Xxxxxxxxx, Xxxxxxxxx 00000 or to the Fund at the following address: Fund - Attention: Kinetics Mutual Funds, Inc. 000 Xxx Xxxxx Xxxxxx Xxx Xxxxx Xxxx Xxxxx XxxxxxxxxxxXxxxxxx, Xxxxxxxx 00000 Custodian - Attention: Xxxxxx Xxxxxxxx 000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxxx, Xxxxxxxx XX 00000 Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund's property Fund to the Fund, but shall (i) may deliver such property them to a successor Custodian designated by resolution bank or trust company of its own selection, that meets the requirements of the board Investment Company Act of Directors of the Fund, a certified copy of which has been delivered to the Custodian, or (ii) if no certified copy of a resolution designating a successor custodian is received by the Custodian within 60 days' of the Custodian's receipt of the notice of termination, the Custodian shall deliver the Fund's property to Xxxxxx, if Xxxxxx is then acting 1940 as a custodian Custodian for assets of the Fund, or (iii) if Xxxxxx is not then acting as a custodian for assets of the Fund, the Custodian shall continue Fund to hold the Fund's property pursuant be held under terms similar to the provisions those of this Agreement or the Authorized Instructions of any Authorized PersonsAgreement, until a successor custodian is designated. The provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Article 7 Section 10 of this Agreement. The Fund agrees It is understood and agreed to name by the parties that a successor custodian within sixty (60) days after notice to terminate one of the written servicing contracts constitutes notice of termination is received or deliveredfor all servicing contracts that exist between the parties. This Agreement may not be assigned by Custodian without the consent of the Fund Fund, authorized or approved by a resolution of its Board of Directors.