OTHER TERMS OF THE AGREEMENT. Except as specifically amended hereby, all of the terms and conditions of the Agreement shall continue to be in full force and effect and shall be binding upon the parties in accordance with their respective terms.
OTHER TERMS OF THE AGREEMENT. Except as specifically amended hereby, all of the terms and conditions of the Agreement shall continue to be in full force and effect and shall be binding upon the parties in accordance with their respective terms. Jxxx Hxxxxxx Variable Insurance Trust By: ___________________________ Jxxx Hxxxxxx Investment Management Services, LLC By: ______________________________________ The Adviser shall serve as investment adviser for each Portfolio of the Trust listed below. The Trust will pay the Adviser, as full compensation for all services provided under this Agreement with respect to each Portfolio, the fee computed separately for such Portfolio at an annual rate as follows (the “Adviser Fee”). The term Aggregate Net Assets in the chart below includes the net assets of a Portfolio of the Trust. It also includes with respect to certain Portfolios as indicated in the chart the net assets of one or more other portfolios, but in each case only for the period during which the subadviser for the Portfolio also serves as the subadviser for the other portfolio(s) and only with respect to the net assets of such other portfolio(s) that are managed by the subadviser. For purposes of determining Aggregate Net Assets and calculating the Adviser Fee, the net assets of the Portfolio and each other fund of the Trust are determined as of the close of business on the previous business day of the Trust, and the net assets of each portfolio of each other fund are determined as of the close of business on the previous business day of that fund. The Adviser Fee for a Portfolio shall be based on the applicable annual fee rate for the Portfolio which for each day shall be equal to (i) the sum of the amounts determined by applying the annual percentage rates in the table to the applicable portions of Aggregate Net Assets divided by (ii) Aggregate Net Assets (the “Applicable Annual Fee Rate”). The Adviser Fee for each Portfolio shall be accrued and paid daily to the Adviser for each calendar day. The daily fee accruals will be computed by multiplying the fraction of one over the number of calendar days in the year by the Applicable Annual Fee Rate, and multiplying this product by the net assets of the Portfolio. Fees shall be paid either by wire transfer or check, as directed by the Adviser. If, with respect to any Portfolio, this Agreement becomes effective or terminates, or if the manner of determining the Applicable Annual Fee Rate changes, before the end of any month, the fee (if any...
OTHER TERMS OF THE AGREEMENT. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect.
OTHER TERMS OF THE AGREEMENT. Except as specifically amended hereby, all the terms and conditions of the Service Plan shall continue to be in full force and effect and shall be binding upon the parties in accordance with their respective terms.
OTHER TERMS OF THE AGREEMENT. 4.1. This Agreement shall enter into force upon its signing by the Parties and shall remain in force and effect until full discharge of obligations undertaken by the Parties subject to the time schedules specified in Section 2.2 of this Agreement.
4.2. If a claim is made against the Licensee in connection with infringement of exclusive rights to intellectual property owned by third parties relating to the creation of the Work or the conclusion by the Author of this Agreement, the Author shall, immediately after receiving the notice from the Licensee, take measures to resolve any disputes with the third parties; take all possible actions to indemnify and hold harmless the Licensee from any claim thereof; reimburse legal costs, charges and expenses incurred by the Licensee in connection with application of injunctive relief and execution of the court decision, and the amounts paid to a third party for infringement of exclusive rights to intellectual property owned by third parties, as well as any other losses incurred by the Licensee in connection with the non-compliance of the Author with the guarantees provided by them under this Agreement.
4.3. The parties agree and consent to the reproduction of the text of this Agreement and signatures of the Parties to this Agreement and other documents related to its conclusion and execution by means of mechanical, electronic and any other copying of the handwritten signature and the text of the Agreement, which would have the same legal force as the actual handwritten signature of the Party and the original document. Facsimile, electronic copies of the documents are valid and shall have equal legal force with the original.
OTHER TERMS OF THE AGREEMENT. 5.1. In case of demands (claims, complaints) brought by a third party to the Licensee and connected with violation of copyrights of a third party during the usage of the Article by the Licensee, or in connection with the conclusion of the present Agreement by the Author, the Author shall:
OTHER TERMS OF THE AGREEMENT. Except as otherwise provided in this Amendment, all other terms of the Agreement shall remain in full force and effect. All references in the Agreement to "this Agreement" shall be read as references to the Agreement, as amended by this Amendment, but references to the date of the Agreement shall remain references to November 26, 2001.
OTHER TERMS OF THE AGREEMENT. Except as specifically amended hereby, all of the terms and conditions of the Agreement shall continue to be in full force and effect and shall be binding upon the parties in accordance with their respective terms. PURSUANT TO AN EXEMPTION FROM THE COMMODITY FUTURES TRADING COMMISSION IN CONNECTION WITH ACCOUNTS OF QUALIFIED ELIGIBLE PERSONS, THIS BROCHURE OR ACCOUNT DOCUMENT IS NOT REQUIRED TO BE, AND HAS NOT BEEN, FILED WITH THE COMMISSION. THE COMMODITY FUTURES TRADING COMMISSION DOES NOT PASS UPON THE MERITS OF PARTICIPATING IN A TRADING PROGRAM OR UPON THE ADEQUACY OR ACCURACY OF COMMODITY TRADING ADVISOR DISCLOSURE. CONSEQUENTLY, THE COMMODITY FUTURES TRADING COMMISSION HAS NOT REVIEWED OR APPROVED THIS TRADING PROGRAM OR THIS BROCHURE OR ACCOUNT DOCUMENT.
OTHER TERMS OF THE AGREEMENT. 5.1. In case of Third parties raise demands (complaints, claims) to the Licensee because of infringement of copyrights of Third parties by the Licensee when using Article or in connection with entering this Agreement by the Author, the Author agree: —to take steps to settle with Third parties and to join the litigation on the side of the Licensee immediately upon notification to the Licensee; — to indemnify for the court costs, expenses and losses incurred to the Licensee caused by application of injunctive relief and/or execution of court’s ruling, reimburse the amounts for copyright infringement awarded by the court for recovery from the Licensee, as well as other losses incurred to the Licensee because of the violation of this Agreement by the Author.
5.2. All other matters not covered by this Agreement shall be governed by the applicable laws of the Russian Federation.
5.3. Disputes not settled by negotiations shall be referred to the court in the place where the Licensee is domiciled.
5.4. This Agreement is an adhesion agreement, the conditions of which are defined by the Licensee and can be accepted by Author not otherwise than by accessing to the Agreement in whole, in accordance to the Article 428 of the Civil Code of the Russian Federation (hereinafter, “CC RF”).
5.5. According to Article 435 of the CC RF, this Agreement is an offer (an offer to enter an agreement under specified conditions).
5.6. According to Articles 433 and 438 of the CC RF, this Agreement shall be deemed to have been executed after the following events: on the moment specified in p. 5.6.2 of this Agreement.
5.6.1. Receipt by the Licensee of the Article submitted by the Author in accordance to p. 3.1 of this Agreement;
5.6.2. Receipt by the Licensee of this Agreement signed by all the authors of the Article, sent by the Author to the Editorial staff by e-mail to xxxxxxxxxxx@xxxxx.xxx or xxxxxxx@xxxxx.xxx. A file containing this Agreement is posted on the website xxxxx://xxx.xxxxxxx.xxx/php/homes/pa.phtml?jrnid=rc&page=auth of the Journal. The parties agreed that in accordance with the article 160 of the CC RF, reproduction of the text of this Agreement as well as a subscription to this Agreement by means of mechanical, electronic or otherwise copying of the manual signature and text of this Agreement which will have the same effect as the original signature of the author or the original document, is allowed and recognized.
5.7. In case the Licensee makes a decision to publish t...
OTHER TERMS OF THE AGREEMENT. Except as specifically amended hereby, all of the terms and conditions of the Agreement shall continue to be in full force and effect and shall be binding upon the parties in accordance with their respective terms. XXXX XXXXXXX FUNDS III, on behalf of its series listed in Appendix A to this Amendment By: /s/ Xxxxx X. Xxxxxxxxx Xxxxx X. Xxxxxxxxx President and Chief Executive Officer XXXX XXXXXXX INVESTMENT MANAGEMENT SERVICES, LLC By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Investment Officer Xxxx Xxxxxxx Disciplined Value 0.750% 0.725% 0.700% 0.675% 0.650% Fund Xxxx Xxxxxxx Disciplined 0.800% 0.775% 0.750% 0.725% 0.700% Value Mid Cap Fund Xxxx Xxxxxxx Global Shareholder 0.800% Yield Fund Xxxx Xxxxxxx International Core Fund1 0.920% 0.895% 0.880% 0.850% 0.825% 0.800% 1 For purposes of determining Aggregate Net Assets, the net assets of the International Core Fund, a series of Xxxx Xxxxxxx Funds III and the International Core Trust, a series of Xxxx Xxxxxxx Variable Insurance Trust, are included. Xxxx Xxxxxxx International Growth Fund 0.920% 0.895% 0.880% 0.850% 0.825% 0.800% Xxxx Xxxxxxx International Value 0.900% 0.875% 0.850% 0.825% 0.800% 0.775% Equity Fund Xxxx Xxxxxxx Leveraged Companies Fund 0.750% 0.725% 0.700% Xxxx Xxxxxxx Xxxxxxx Growth Fund1 0.730% 0.725% 0.700% 1 For purposes of determining Aggregate Net Assets, the net assets of the Growth Equity Trust, a series of Xxxx Xxxxxxx Variable Insurance Trust, and the Xxxx Xxxxxxx Xxxxxxx Growth Fund, a series of Xxxx Xxxxxxx Funds III are included. Xxxx Xxxxxxx Small Cap Opportunities Fund 0.900% 0.850% Xxxx Xxxxxxx Small Company Fund 0.900% 0.850% 0.800% Xxxx Xxxxxxx Strategic Growth Fund 0.725% 0.700% 0.675% 0.650% The Trust will pay the Adviser, as full compensation for all services provided under this Agreement with respect to the Fund, a fee as follows (the “Adviser Fee”). The Adviser Fee has two components: (a) a fee on assets invested in funds of Xxxx Xxxxxxx Funds II and Xxxx Xxxxxxx Funds III (“Fund Assets”) and (b) a fee on assets not invested in Fund Assets (“Other Assets”). The fee on Fund Assets is stated as an annual percentage of the current value of the net assets of the Fund determined in accordance with the following schedule and that rate is applied to the Fund Assets of the Fund.
