TERMINATION; WITHDRAWAL OF OFFERING. This Agreement may be terminated by either party upon 180 days' prior written notice to the other party. Notwithstanding the above, the Issuer reserves the right, without prior notice, to suspend sales of shares of any Fund, in whole or in part, or to make a limited offering of shares of any of the Funds in the event that (A) any regulatory body commences formal proceedings against the Company, Distributor, affiliates of Distributor, or the Issuer, which proceedings Distributor reasonably believes may have a material adverse impact on the ability of Distributor, the Issuer or the Company to perform its obligations under this Agreement or (B) in the judgment of Distributor, declining to accept any additional instructions for the purchase or sale of shares of any such Fund is warranted by market, economic or political conditions. Notwithstanding the foregoing, this Agreement may be terminated immediately (i) by any party as a result of any other breach of this Agreement by another party, which breach is not cured within 30 days after receipt of notice from the other party, or (ii) by any party upon a determination that continuing to perform under this Agreement would, in the reasonable opinion of the terminating party's counsel, violate any applicable federal or state law, rule, regulation or judicial order. Termination of this Agreement shall not affect the obligations of the parties to make payments under Section 4 for Orders received by the Company prior to such termination and shall not affect the Issuer's obligation to maintain the Accounts as set forth by this Agreement. Following termination, Distributor shall not have any Administrative Services payment obligation to the Company (except for payment obligations accrued but not yet paid as of the termination date).
TERMINATION; WITHDRAWAL OF OFFERING. This Agreement may be terminated by either party upon 180 days' prior written notice to the other party. Notwithstanding the above, the Issuer reserves the right, without prior notice, to suspend sales of shares of any Fund, in whole or in part, or to make a limited offering of shares of any of the Funds in the event that (A) any regulatory body commences formal proceedings against the Company, Distributor, affiliates of Distributor, or the Issuer, which proceedings Distributor reasonably believes may have a material adverse impact on the ability of Distributor, the Issuer or the Company to perform its obligations under this Agreement or (B) in the judgment of Distributor, declining to accept any additional instructions for the purchase or sale of shares of any such Fund is warranted by market, economic or political conditions. The Company reserves the right to terminate the Agreement:
TERMINATION; WITHDRAWAL OF OFFERING. This Agreement may be terminated by any party upon 180 days' prior written notice to the other party, or, on 60 days' written notice pursuant to a vote of a majority of the outstanding securities of the Funds. Notwithstanding the above, each Issuer reserves the right, without prior notice, to suspend sales of shares of any Fund, in whole or in part, or to make a limited offering of shares of any of the Funds in the event that (A) any regulatory body commences formal proceedings against the Company, Distributor or any of the Issuers, which proceedings Distributor reasonably believes may have a material adverse impact on the ability of the Issuers or the Company to perform its obligations under this Agreement or (B) in the judgment of Distributor, declining to accept any additional instructions for the purchase or sale of shares of any such Fund is warranted by market, economic or political conditions. Notwithstanding the foregoing, this Agreement may be terminated immediately (i) by any party as a result of any other breach of this Agreement by another party, which breach is not cured within 30 days after receipt of notice from the other party, or (ii) by any party upon a determination that continuing to perform under this Agreement would, in the reasonable opinion of the terminating party's counsel, violate any applicable federal or state law, rule, regulation or judicial order, (iii) by a vote of a majority of the independent directors, or (iv) upon assignment by either party. Termination of this Agreement shall not affect the obligations of the parties to make payments under Section 4 for Orders received by the Company prior to such termination and shall not affect the Issuers' obligation to maintain the Accounts in the name of the Plans or any successor trustee or recordkeeper for the Plans. Following termination, Distributor shall not have any Administrative Services payment obligation to the Company (except for payment obligations accrued but not yet paid as of the termination date).
TERMINATION; WITHDRAWAL OF OFFERING. This Agreement may be terminated by any party upon 180 days’ prior written notice to the other parties. Notwithstanding the above, the Issuer reserves the right, without prior notice, to suspend sales of shares of any Fund, in whole or in part, or to make a limited offering of shares of any of the Funds in the event that (A) any regulatory body commences formal proceedings against the Company, ACIM, affiliates of ACIM, or the Issuer, which proceedings ACIM reasonably believes may have a material adverse impact on the ability of ACIM, the Issuer or the Company to perform its obligations under this Agreement or (B) in the judgment of ACIM, declining to accept any additional instructions for the purchase or sale of shares of any such Fund is warranted by market, economic or political conditions. Notwithstanding the foregoing, this Agreement may be terminated immediately (i) by any party as a result of any other breach of this Agreement by another party, which breach is not cured within 30 days after receipt of notice from the other party, or (ii) by any party upon a determination that continuing to perform under this Agreement would, in the reasonable opinion of the terminating party’s counsel, violate any applicable federal or state law, rule, regulation or judicial order. Termination of this Agreement shall not affect the Issuer’s obligation to furnish its shares for Contract owners who are The Guardian-SSA-Insurance.Mix January 29, 1998 invested in the Funds as of the date of termination (unless such further sale of Fund shares is proscribed by law, the Securities and Exchange Commission or other regulatory body) or the obligations of the parties to make payments under Section 4 for Orders received by the Company prior to such termination and shall not affect the Issuer’s obligation to maintain the Accounts as set forth by this Agreement. Following termination, the obligation of ACIM to pay the Company the Administrative Services fee shall continue, as long as the Company continues to provide the administrative services required hereunder. However, the obligation of ACIM to pay the Company the Administrative Services fee after termination shall be suspended for any month if the average aggregate amount invested in the Funds for such month is less than $10 million.
TERMINATION; WITHDRAWAL OF OFFERING. (a) This Agreement shall be effective as of the date hereof and shall continue in force until terminated in accordance with the provisions herein.
TERMINATION; WITHDRAWAL OF OFFERING. This Agreement may be terminated by either party upon 180 days' prior written notice to the other party. Notwithstanding the above, the Issuer reserves the right, without prior notice, to suspend sales of shares of any Fund, in whole or in part, or to make a limited offering of shares of any of the Funds in the event that (A) any regulatory body commences formal proceedings against the Company, Distributor, affiliates of Distributor, or the Issuer, which proceedings Distributor reasonably believes may have a material adverse impact on the ability of Distributor, the Issuer or the Company to perform its obligations under this Agreement or (B) in the judgment of the board of directors of the Funds, acting in good faith and in light of their fiduciary duties under federal and applicable state laws, such action is deemed necessary in the best interests of the shareholders. (For purposes of this Section 14(e), "shareholders" means Contract owners.) The Company reserves the right to terminate the Agreement:
TERMINATION; WITHDRAWAL OF OFFERING. The first sentence of Section 13 is hereby revised by deleting the word “parties. ” at the end of the sentence and replacing it with the following language: “party, or, on 60 days’ written notice pursuant to a vote of a majority of the outstanding securities of the Fund. ” Delete the period at the end of Section 13(B)(ii) and replace it with the following language: “; (iii) by a vote of a majority of the independent directors, or (iv) upon assignment by either party. ”
TERMINATION; WITHDRAWAL OF OFFERING. Any party may terminate this Agreement upon 30 days’ prior written notice to the other parties. This Agreement shall terminate automatically without notice if (a) Distributor ceases to be a member of FINRA, (b) you cease to be a member of FINRA, breach any provision of Section 2830 of NASD Conduct Rules (as may be amended or otherwise consolidated with FINRA Rules), or you cease to be a bank, as defined above, or (c) upon any attempted assignment hereof. This Agreement may be terminated at any time as to any Fund by vote of a majority of the outstanding voting securities of that Fund or vote of a majority of the independent directors or trustees of that Fund. We reserve the right, in our sole discretion and without prior notice, to suspend sales of Shares in any state or other jurisdiction, to withdraw entirely the offering of Shares, or to modify or amend the terms of our offering of Shares.
TERMINATION; WITHDRAWAL OF OFFERING. This Agreement may be terminated by any party upon 180 days' prior written notice to the other party, or, on 60 days' written notice pursuant to a vote of a majority of the outstanding securities of the Funds. Notwithstanding the above, the Issuer reserves the right, without prior notice, to suspend sales of shares of any Fund, in whole or in part, or to make a limited offering of shares of any of the Funds in the event that (A) any regulatory body commences formal proceedings against the Company, Distributor or the Issuer, which proceedings Distributor reasonably believes may have a material adverse impact on the ability of the Issuer or the Company to perform its obligations under this Agreement or (B) in the judgment of Distributor, declining to accept any additional instructions for the purchase or sale of shares of any such Fund is warranted by market, economic or political conditions. Notwithstanding the foregoing, this Agreement may be terminated immediately (i) by any party as a result of any other breach of this Agreement by another party, which breach is not cured within 30 days after receipt of notice from the other party, or (ii) by any party upon a determination that continuing to perform under this Agreement would, in the reasonable opinion of the terminating party's counsel, violate any applicable federal or state law, rule, regulation or judicial order, (iii) by a vote of a majority of the independent directors, or (iv) upon assignment by either party."
TERMINATION; WITHDRAWAL OF OFFERING. Either party may, in its sole discretion, terminate this agreement in its entirety with a minimum of thirty (30) days’ prior written notice to the other party, commencing from the date of receipt of such notice. Notwithstanding the foregoing, the Agreement may be terminated by the non-breaching party immediately following failure by the breaching party to cure a material breach of this Agreement within thirty (30) days of receiving notice of such breach from the non-breaching party.
