AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENT
Exhibit (h)(xxv)
reduce its investment advisory fee payable or absorb the other Fund expenses in an amount sufficient to pay the Excess Amount. The Trust may offset amounts owed to the Fund pursuant to this Agreement against the advisory fee payable to the Adviser. Any amounts owed by the Adviser pursuant to the terms of this Agreement may be readjusted during the fiscal year based upon the annualized year-to-date Fund Operating Expenses.
2. TERM AND TERMINATION OF AGREEMENT.
The Expense Limitation set forth in Section 1 of this Agreement shall have an initial term expiring on July 31, 2020 with respect to the Fund (or class thereof). After the initial term for the Fund or class, this Agreement shall continue in effect thereafter for subsequent one year periods unless terminated by the Adviser prior to the end of the preceding term. This Agreement shall terminate upon the termination of the Advisory Agreement. The obligation of the Adviser under Section 1 of this Agreement shall survive the termination of the Agreement solely as to expenses and obligations incurred prior to the date of such termination.
3. MISCELLANEOUS.
3.1 Captions. The captions in this Agreement are included for convenience of reference only and in no other way define or delineate any of the provisions hereof or otherwise affect their construction or effect.
3.2 Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust's Declaration of Trust, as amended, or By‑Laws, as amended, or any applicable statutory or regulatory requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust's Board of Trustees of its responsibility for and control of the conduct of the affairs of the Trust or the Fund.
3.3 Definitions. Any question of interpretation of any term or provision of this Agreement, including but not limited to the investment advisory fee, the computations of net asset values, and the allocation of expenses, having a counterpart in or otherwise derived from the terms and provisions of the Advisory Agreement or the 1940 Act, shall have the same meaning as and be resolved by reference to such Advisory Agreement or the 1940 Act.
3.4 Amendments. This Agreement may be amended only by a written agreement signed by each of the parties hereto.
3.5 Assignment. This Agreement may be assigned to the successors in interest of either party with the consent of the other party.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their respective officers thereunto duly authorized and their respective corporate seals to be hereunto affixed, as of the day and year first above written.
XXXXXXXXX GLOBAL INVESTORS (NORTH AMERICA) INC.
By: /s/ Xxxxx X. X'Xxxxx
Name: Xxxxx X. X'Xxxxx Title: Managing Director |
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XXXXXXXXX GLOBAL FUNDS, on behalf of the Xxxxxxxxx Emerging Markets Opportunities Fund
By: /s/ Xxxx X. Xxxxxxxx
Name: Xxxx X. Xxxxxxxx Title: Treasurer |