Other Goods or Services. (a) The Trust may accept other goods or other services provided by the Adviser in connection with the operation of assets, subject to the restrictions contained in the 1940 Act, provided that: (i) the Adviser determines such self-dealing arrangement is in the best interest of the Trust; (ii) the terms pursuant to which all such goods or services are provided to the Trust by the Adviser shall be embodied in a written contract, the material terms of which must be fully disclosed to the Shareholders; (iii) the written contract may only be modified by vote of holders of a majority of the then outstanding Shares entitled to vote on the matter; and (iv) the contract shall contain a clause allowing termination without penalty on sixty (60) days’ prior notice. Without limitation to the foregoing, arrangements to provide such goods or other services must meet all of the following criteria: (X) the Adviser must be independently engaged in the business of providing such goods or services to persons other than its Affiliates and at least thirty-three percent (33%) of the Adviser’s associated gross revenues must come from persons other than its Affiliates; (Y) the compensation, price or fee charged for providing such goods or services must be comparable and competitive with the compensation, price or fee charged by persons other than the Adviser in the same geographic location who provide comparable goods or services which could reasonably be made available to the Trust; and (Z) except in extraordinary circumstances, the compensation and other material terms of the arrangement must be fully disclosed to the Shareholders. Extraordinary circumstances are limited to instances when immediate action is required and the goods or services are not immediately available from persons other than the Adviser.
Other Goods or Services. Kibo Technical is not liable for any other Goods, or service provided by any Third-Party.
Other Goods or Services. LendingTree may, in its sole discretion, provide software, technology and/or services to Priceline, its affiliates or other third parties for the purpose of allowing such parties to operate portions of or web pages accessed from the Priceline web site other than the Mortgage Web Pages, provided, however, that such parties enters into an acceptable agreement(s) with LendingTree. LendingTree shall be under no obligation to provide and/or upon ninety (90) days advance notice to Priceline may discontinue providing such goods and/or services in the absence of such an agreement."
Other Goods or Services. We are not liable for any other deliverable, including website, goods, or service provided by any third party.
