THIRTEENTH. (A) This Agreement may be terminated with respect to the Shares of any Portfolio at any time, without the payment of any penalty, by vote of the Board of Trustees or Board of Directors of the Fund or by vote of a majority of the outstanding Shares of such class of such Portfolio, or by the Distributor, on sixty (60) days' written notice to the other party; and
THIRTEENTH. Any notice under this Agreement shall be in writing, addressed and delivered, or mailed postage prepaid, to the other party at such address as the other party may designate for the receipt of notices. Until further notice to the other party, the addresses of each Fund shall be 000 Xxxx Xxxxxxxxx Xxxx, Wheaton, Illinois 60187 and the Distributor shall be 00 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000-0000.
THIRTEENTH. (A) This Agreement may be terminated at any time, without the payment of any penalty, by vote of the Board of Trustees of the Company or by vote of a majority of the outstanding voting securities of the Company, or by the Distributor, on sixty (60) days' written notice to the other party.
THIRTEENTH. (A) The Trust and the Distributor shall each comply with all applicable provisions of the Act, the 1933 Act and the rules and regulations of the National Association of Securities Dealers, Inc. and of all other Federal and state laws, rules and regulations governing the issuance and sale of shares of the series of Trust.
THIRTEENTH. Nothing herein contained shall require the Company to take any action contrary to any provision of its Declaration of Trust or to any applicable statute or regulation.
THIRTEENTH. (A) The Fund and Distributor shall each comply with all applicable provisions of the Investment Company Act of 1940, the Securities Act of 1933, and the rules and regulations of the National Association of Securities Dealers, Inc. and of all other Federal and State laws, rules and regulations governing the issuance and sale of shares of the Fund. (B) In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Distributor, the Fund agrees to indemnify the Distributor and any controlling person of the Distributor against any and all claims, demands, liabilities and expenses including reasonable costs of any alleged litigation which the Distributor may incur under the Securities Act of 1933, or common law on otherwise, arising out of or based upon any alleged untrue statement of a material fact contained in any registration statement, statement of additional information or prospectus of the Fund, or any omission to state a material fact therein, the omission of which makes any statement contained therein misleading, unless such statement or omission was made in reliance upon, and in conformity with written information furnished to the Fund in connection with written information furnished to the Fund in connection therewith by or on behalf of the Distributor. The Distributor agrees to indemnify the Fund against any and all claims, demands, liabilities and expenses which the Fund may incur arising out of or based upon any act or deed of sales representatives of the Distributor which is outside the scope of their authority under this Agreement. (C) The Distributor agrees to indemnify the Fund against any and all claims, demands, liabilities and expenses which the Fund may incur under the Securities Act of 1933, or common law or otherwise, arising out of or based upon any alleged untrue statement of material fact contained in any registration statement, statement of additional information or prospectus of the Fund, relating to the Fund, or any omission to state a material fact therein if such statement or omission was made in reliance upon, and in conformity with, written information furnished to the Fund in connection therewith by or on behalf of the Distributor.
THIRTEENTH. (A) The Funds and the Distributor shall each comply with all applicable provisions of the 1940 Act, the 1933 Act and the rules and regulations of the NASD and all other Federal and state laws, rules and regulations governing the issuance and sale of shares of the Funds.
THIRTEENTH. This Agreement may be terminated with respect to any Fund at any time, without the payment of any penalty, by vote of the Board of Trustees of the Trust or by vote of a majority of the outstanding voting securities of the applicable Fund, or by the Distributor, on sixty (60) days' written notice to the other party.
THIRTEENTH. This agreement shall enter into force when it is signed by both Parties and shall be in force for a period of five (5) years. In the event of separate signatures, the date of the second signature shall be taken as the initial date. This Agreement may be renewed, modified or terminated if either Party so requests the other Party at least six (6) months in advance and in writing. If there are ongoing collaborative actions, they shall not be affected by the termination of this Agreement.
THIRTEENTH. The Landlord shall not be liable for any failure of water supply or electrical current, sprinkler damage, or failure of sprinkler service, nor for injury or damage to person or property caused by the elements or by NO LIABILITY other tenants or persons in said building, or resulting from steam, gas, electricity, water, rain or snow, which may leak or flow from any part of said buildings, or from the pipes, appliances or plumbing works of the same, or from the street or sub-surface, or from any other place, nor for interference with light or other incorporeal hereditaments by anybody other than the Landlord, or caused by operations by or for a governmental authority in construction of any public or quasi-public work, neither shall the Landlord be liable for any latent defect in the building.
