WAIVER, AMENDMENT AND ASSIGNMENT. No provision of this Agreement may be waived, amended or modified, and no addendum to this Agreement shall be or become effective, or be waived, amended or modified, except by an instrument in writing executed by the party against which enforcement of such waiver, amendment or modification is sought; provided, however, that an Instruction shall, whether or not such Instruction shall constitute a waiver, amendment or modification for purposes hereof, be deemed to have been accepted by the Custodian when it commences actions pursuant thereto or in accordance therewith. This Agreement shall be binding upon and shall inure to the benefit of the parties and their successors and assignees, provided that either party may not assign this Agreement without the prior written consent of the other party.
Appears in 4 contracts
Samples: Custodian Agreement, Custodian Agreement, Form of Custodian Agreement (ProShares Trust II)
WAIVER, AMENDMENT AND ASSIGNMENT. No provision of this Agreement may be waived, amended or modified, and no addendum to this Agreement shall be or become effective, or be waived, amended or modified, except by an instrument in writing executed by the party against which enforcement of such waiver, amendment or modification is sought; provided, however, that an Instruction shall, whether or not such Instruction shall constitute a waiver, amendment or modification for purposes hereof, be deemed to have been accepted by the Custodian when it commences actions pursuant thereto or in accordance therewith. This Agreement shall be binding upon and shall inure to the benefit of the parties Custodian and the Fund and their successors and assignees, provided that either party neither the Fund nor the Custodian may not assign this Agreement without the prior written consent of the other party.
Appears in 2 contracts
Samples: Custodian Agreement (Shelton Greater China Fund), Custodian Agreement (Taiwan Greater China Fund)
WAIVER, AMENDMENT AND ASSIGNMENT. No provision of this Agreement may be waived, amended or modified, and no addendum to this Agreement shall be or become effective, or be waived, amended or modified, except by an instrument in writing executed by the party against which enforcement of such waiver, amendment or modification is sought; provided, however, that an Instruction shall, whether or not such Instruction shall constitute a waiver, amendment or modification for purposes hereof, be deemed to have been accepted by the Custodian when it commences actions pursuant thereto or in accordance therewith. This Agreement shall be binding upon and shall inure to the benefit of the parties Custodian and the Company and their successors and assignees, provided that either party the Company may not assign this Agreement without the prior written consent of the other partyCustodian.
Appears in 1 contract
Samples: Custodian Agreement (Matthews a Share Selections Fund, LLC)
WAIVER, AMENDMENT AND ASSIGNMENT. No provision of this Agreement may be waived, amended or modified, and no addendum to this Agreement shall be or become effective, or be waived, amended or modified, except by an instrument in writing executed by the party against which enforcement of such waiver, amendment or modification is sought; provided, however, that an Instruction shall, whether or not such Instruction shall constitute a waiver, amendment or modification for purposes hereof, be deemed to have been accepted by the Custodian when it commences actions pursuant thereto or in accordance therewith. This Agreement shall be binding upon and shall inure to the benefit of the parties Custodian and the Fund and their successors and assignees, provided that either party the Fund may not assign this Agreement without the prior written consent of the other partyCustodian.
Appears in 1 contract
Samples: Agreement (Levco Series Trust)
WAIVER, AMENDMENT AND ASSIGNMENT. No provision of this Agreement may be waived, amended or modified, and no addendum to this Agreement shall be or become effective, or be waived, amended or modified, except by an instrument in writing executed by the party against which enforcement of such waiver, amendment or modification is sought; provided, however, that an Instruction shall, whether or not such Instruction shall constitute a waiver, amendment or modification for purposes hereof, be deemed to have been accepted by the Custodian when it commences actions pursuant thereto or in accordance therewith. This Agreement shall be binding upon and shall inure to the benefit of the parties Custodian and the Trust and their successors and assignees, provided that either party the Trust may not assign this Agreement without the prior written consent of the other partyCustodian.
Appears in 1 contract
Samples: Custodian Agreement (Icon Funds)