Common use of Allocation of Responsibilities Clause in Contracts

Allocation of Responsibilities. The Managing Owner will have the responsibility for the management of that portion of the Allocated Assets that are not invested in Commodities. The Advisor will use its good faith best efforts in determining the investment and reinvestment in Commodities of the Allocated Assets in compliance with the Trading Policies and Limitations, and in accordance with the Advisor's Trading Approach. In the event that the Managing Owner shall, in its sole discretion, determine in good faith following consultation, if appropriate under the circumstances, with the Advisor that any trading instruction issued by the Advisor violates the Trust's Trading Policies and Limitations, then the Managing Owner, following reasonable notice appropriate under the circumstances to the Advisor, may override such trading instruction and the Advisor shall not be subject to liability for the results of any such action taken by the Managing Owner. Nothing herein shall be construed to prevent the Managing Owner from imposing any limitation(s) on the trading activities of the Trust beyond those enumerated in Exhibit C hereto if the Managing Owner determines that such limitation(s) are necessary or in the best interests of the Trust, in which case the Advisor will adhere to such limitations following written notification thereof.

Appears in 2 contracts

Samples: Advisory Agreement (Prudential Securities Strategic Trust), Advisory Agreement (Diversified Futures Trust I)

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Allocation of Responsibilities. The Managing Owner will have the responsibility for the management of that the portion of the Allocated Assets Trust's Net Asset Value that are not is invested in CommoditiesUnited States Treasury bills or other investments approved by the Commodity Futures Trading Commission ("CFTC") for the investment of "customer" funds or are held in cash. The Advisor will use its good faith best efforts in determining the investment and reinvestment in Commodities of the Allocated Assets at the related Trading Level in compliance with the Trading Policies and Limitations, and in accordance with the Advisor's its Trading Approach. In the event that the Managing Owner shall, in its sole discretion, determine in good faith following consultation, if appropriate under the circumstances, with the Advisor that any trading instruction issued by the Advisor violates the Trust's Trading Policies and Limitations, then the Managing Owner, following reasonable notice appropriate under the circumstances to the Advisor, may override such trading instruction and the Advisor shall not be subject to liability for the results of any such action taken by the Managing Ownerinstruction. Nothing herein shall be construed to prevent the Managing Owner from imposing any limitation(s) on the trading activities of the Trust beyond those enumerated in Exhibit C D hereto if the Managing Owner determines that such limitation(s) are necessary or in the best interests of the Trust, in which case the Advisor will adhere to such limitations following written notification thereof.

Appears in 1 contract

Samples: Advisory Agreement (Willowbridge Strategic Trust)

Allocation of Responsibilities. The Managing Owner will have the responsibility for the management of that portion of the Allocated Assets Trust's Net Asset Value that are is not invested in Commodities. The Advisor will use its good faith best efforts in determining the investment and reinvestment in Commodities of the Allocated Assets in compliance with the Trading Policies and Limitations, and in accordance with the Advisor's its Trading Approach. In the event that the Managing Owner shall, in its sole discretion, determine in good faith following consultation, if appropriate under the circumstances, with the Advisor that any trading instruction issued by the Advisor violates the Trust's Trading Policies and Limitations, then the Managing Owner, following reasonable notice appropriate under the circumstances to the Advisor, may override such trading instruction and the Advisor shall not be subject to liability for the results of any such action taken by the Managing Owner. Nothing herein shall be construed to prevent the Managing Owner from imposing any limitation(s) on the trading activities of the Trust beyond those enumerated in Exhibit C hereto if the Managing Owner determines that such limitation(s) are necessary or in the best interests of the Trust, in which case the Advisor will adhere to such limitations following written notification thereof.

Appears in 1 contract

Samples: Advisory Agreement (Diversified Futures Trust I)

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Allocation of Responsibilities. The Managing Owner will have the responsibility for the management of that portion of the Allocated Assets Trust's Net Asset Value that are is not invested in Commodities. The Advisor will use its good faith best efforts in determining the investment and reinvestment in Commodities of the Allocated Assets in compliance with the Trading Policies and Limitations, and in accordance with the Advisor's its Trading Approach. In the event that the Managing Owner shall, in its sole discretion, determine in good faith following consultation, if appropriate under the circumstances, with the Advisor that any trading instruction issued by the Advisor violates the Trust's Trading Policies and Limitations, then the Managing Owner, following reasonable notice appropriate under the circumstances to the Advisor, may override such trading instruction and the Advisor shall not be subject to liability for the results of any such action taken by the Managing Owner. Nothing herein shall be construed to prevent the Managing Owner from imposing any limitation(s) on the trading activities of the Trust beyond those enumerated in Exhibit C hereto if the Managing Owner determines that such limitation(s) are necessary or in the best interests of the Trust, in which case the Advisor will adhere to such limitations following written notification thereofthereof which is appropriate under the circumstances.

Appears in 1 contract

Samples: Advisory Agreement (Diversified Futures Trust I)

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