Advisor Independence Clause Samples
Advisor Independence. The Advisor shall for all purposes herein be deemed to be an independent contractor with respect to the Trust, the Managing Owner and any other commodity trading advisor (the "Other Advisor"), and shall, unless otherwise expressly authorized, have no authority to act for or to represent the Trust, the Managing Owner or any Other Advisor in any way or otherwise be deemed to be a general agent, joint venturer or owner of the Trust, the Managing Owner or any Other Advisor, or in any way be responsible for the acts or omissions of the Trust, the Managing Owner or any Other Advisor as long as it is acting independently of such person. The parties acknowledge that the Advisor has not been an organizer or promoter of the Trust and has no responsibility and shall not be subject to liability in connection therewith. Nothing herein contained shall be deemed to require the Trust or the Advisor to take any action contrary to the Trust Agreement or the Advisor's organizational documents, respectively, or any applicable statute, regulation or rule of any exchange or self-regulatory organization. The Trust and the Managing Owner acknowledge that the Advisor's Trading Approach is its confidential property. Nothing in this Agreement shall require the Advisor to disclose the confidential or proprietary details of its Trading Approach, except to the extent required by law or regulation. The Trust and the Managing Owner further agree that they will at all times keep secret and confidential and will not disseminate to any third party unless expressly authorized by the Advisor, the Advisor's trading advice to the Trust, except as, and to the extent that, it may be determined by the Managing Owner to be (i) reasonably necessary for the monitoring of the business of the Trust, including the performance of brokerage services by the Trust's commodity broker(s), or (ii) expressly required by law or regulation.
Advisor Independence. The Advisor shall for all purposes herein be deemed to be an independent contractor with respect to the Partnership, the General Partner and Other Advisors, and shall, unless otherwise expressly authorized, have no authority to act for or to represent the Partnership, the General Partner or any Other Advisor in any way or otherwise be deemed to be a general agent, joint venturer or partner of the Partnership, the General Partner or any Other Advisor, or in any way be responsible for the acts or omissions of the Partnership, the General Partner or any Other Advisor as long as it is acting independently of such person. The parties acknowledge that the Advisor has not been an organizer or promoter of the Partnership and has no responsibility and shall not be subject to liability in connection therewith. Nothing herein contained shall be deemed to require the Partnership or the Advisor to take any action contrary to the Partnership's Agreement of Limited Partnership or Certificate of Limited Partnership, or the Advisor's By-Laws or Articles of Incorporation, respectively, or any applicable statute, regulation or rule of any exchange or self-regulatory organization. The Partnership and the General Partner acknowledge that the Advisor's Trading Approach is its confidential property. Nothing in this Agreement shall require the Advisor to disclose the confidential or proprietary details of its Trading Approach. The Partnership and the General Partner further agree that they will keep confidential and will not disseminate the Advisor's trading advice to the Partnership, except as, and to the extent that, it may be determined by the General Partner to be (i) necessary for the monitoring of the business of the Partnership, including the performance of brokerage services by the Partnership's commodity broker(s), or (ii) expressly required by law or regulation.
Advisor Independence. The Advisor shall for all purposes herein be deemed to be an independent contractor with respect to the Partnership, the General Partner and each other commodity trading advisor that provides or may in the future provide commodity trading advisory services to the Partnership (the other Advisors and each such other commodity trading advisor being collectively referred to herein as the "Other Advisors"), and shall, unless otherwise expressly authorized, have no authority to act for or to represent the Partnership, the General Partner or any Other Advisor in any way or otherwise be deemed to be a general agent, joint venturer or partner of the Partnership, the General Partner or any Other Advisor, or in any way be responsible for the acts or omissions of the Partnership, the General Partner or any Other Advisor as long as it is acting independently of such person. The parties acknowledge that the Advisor has not been an organizer or promoter of the Partnership and has no responsibility and shall not be subject to liability in connection therewith. Nothing herein contained shall be deemed to require the Part- nership or the Advisor to take any action contrary to the Partnership's Agreement of Limited Partnership or Certificate of Limited Partnership, or The Advisor's By-Laws or Articles of Incorporation, respectively, or any applicable statute, regulation or rule of any exchange or self-regulatory organization. The Partnership and the General Partner acknowledge that the Advisor's Trading Approach is its confidential property. Nothing in this Agreement shall require the Advisor to disclose the confidential or proprietary details of its Trading Approach. The Partnership and the General Partner further agree that they will keep confidential and will not disseminate the Advisor's trading advice to the Partnership, except as, and to the extent that, it may be determined by the General Partner to be (i) necessary for the monitoring of the business of the Partnership, including the performance of brokerage services by the Partnership's commodity broker(s), or (ii) expressly required by law or regulation.
Advisor Independence. The Advisor is and shall for all purposes herein be deemed to be an independent contractor with respect to the Trust and the Managing Owner, and shall, unless otherwise expressly authorized, have no authority to act for or to represent the Trust or the Managing Owner in any way or otherwise be deemed to be a general agent of the Trust or the Managing Owner. The Advisor may, in its discretion, purchase Units in the Trust. The Trust and the Managing Owner acknowledge that the Trading Programs, including the trading instructions, method and systems, of the Advisor are the confidential property of the Advisor. Nothing in this Agreement shall require the Advisor to disclose the confidential or proprietary details of the Trading Programs. The Trust and the Managing Owner further agree that they will keep confidential and will not disseminate the Advisor's trading advice to the Trust to any Unitholder or to any of the customers, employees, agents, officers or directors of the Trust's broker or any other party, except as, and to the extent, reasonably determined by the Managing Owner to be (i) necessary for the conduct of the business of the Trust, including the performance of brokerage services by the Trust's commodity broker(s), or (ii) required by law or regulation. All such information related to trading advice acquired by the Trust or the Managing Owner shall be used solely to monitor the Advisor's trading on behalf of the Trust.
Advisor Independence. The Advisor shall for all purposes herein be deemed to be an independent contractor with respect to the Client, the Managing Owner and each other commodity trading advisor that may in the future provide commodity trading advisory services to the Client and the Managing Owner and its affiliates, and shall, unless otherwise expressly authorized, have no authority to act for or to represent the Client, the Managing Owner or any other commodity trading advisor in any way or otherwise be deemed to be a general agent, joint venturer or partner of the Client, the Managing Owner, any other commodity trading advisor, or in any way be responsible for the acts or omissions of the Client, the Managing Owner, any other commodity trading advisor as long as it is acting independently of such persons.
Advisor Independence. ▇▇▇▇▇▇ is and shall for all purposes herein be deemed to be an independent contractor with respect to the Partnership, the General Partners and the other trading advisors of the Partnership, and shall, unless otherwise expressly authorized, have no authority to act for or to represent the Partnership, the General Partners or the other trading advisors in any way or otherwise be deemed to be a general agent of the Partnership, the General Partners or the other trading advisors. The Partnership and the General Partners acknowledge that the Trading Approach of ▇▇▇▇▇▇ is the confidential property of ▇▇▇▇▇▇. Nothing in this Agreement shall require ▇▇▇▇▇▇ to disclose the confidential or proprietary details of ▇▇▇▇▇▇'▇ Trading Approach, except (i) to the extent required by law or regulation, (ii) to the extent that such details may have come to be disseminated to the general public through the actions or omissions of persons other than the General Partners or the Partnership, or (iii) to the extent such details are disclosed in the Registration Statement. The Partnership and the General Partners further agree that they will keep confidential and will not disseminate ▇▇▇▇▇▇'▇ trading advice to the Partnership, except as, and to the extent, that it may be determined by the General Partners to be (i) necessary for professional service providers or affiliates of the General Partners to provide ordinary business services to the Partnership, (ii) the performance of brokerage services with the Partnership's commodity broker(s), or (iii) required by law or regulation.
Advisor Independence
Advisor Independence