Common use of ALPS Compensation; Expenses Clause in Contracts

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds shall pay ALPS the fees listed in Appendix C hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ investment adviser and such fees are subject to renegotiation between the parties hereto to the extent such information is determined to be materially different from what the Funds’ investment adviser originally provided to ALPS. During each year of the term of this Agreement, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the fee that would be charged for the same services would be the base fee rate (as reflected in Appendix C) subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds Fund shall pay ALPS the fees listed in Appendix C hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ Fund’s investment adviser and such fees are subject to renegotiation between the parties hereto to the extent such information is determined to be materially different from what the Funds’ Fund’s investment adviser originally provided to ALPS. During each year of the term of this Agreement, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the fee that would be charged for the same services would be the base fee rate (as reflected in Appendix C) subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds shall pay ALPS the fees listed in Appendix C the Fee Schedule attached hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ investment adviser and such fees are subject to renegotiation between the parties hereto to the extent such information is determined to be materially different from what the Funds’ investment adviser originally provided to ALPS. During Notwithstanding the foregoing, during each year of the term of this AgreementTerm, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the fee that would be charged for the same services would be the base fee rate (as reflected in Appendix Cthe Fee Schedule) subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds Fund shall pay ALPS the fees listed in Appendix C the Fee Schedule attached hereto, as amended from time to time. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ investment adviser Fund and such fees are subject to renegotiation between the parties hereto to the extent such information is determined materially different, as agreed to be materially different by the Fund and ALPS, from what the Funds’ investment adviser Fund originally provided to ALPS. During each year If, after completion of the term Initial Term, this Agreement remains operational pursuant to the terms of this AgreementSection 19(b), unless the parties total fee for all services shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, equal the fee that would be charged for the same services would be the base based on a fee rate (as reflected in Appendix Cthe Fee Schedule) subject to an annual cost increased by the percentage increase for the twelve-month period of living adjustment based on such previous calendar year of the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index Index is terminated, any successor or substitute index, appropriately adjusted, acceptable applicable to all both parties; provided that such annual cost of living adjustment shall not exceed 5%.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds shall pay ALPS the fees listed in Appendix C hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ investment adviser Adviser and such fees are subject to renegotiation between among the parties hereto to the extent such information is determined to be materially different from what the Funds’ investment adviser Adviser originally provided to ALPS. During each year of the term of this Agreement, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the fee that would be charged for the same services would be the base fee rate (as reflected in Appendix C) subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds shall pay ALPS the fees listed in Appendix C the Fee Schedule attached hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ Fund’s investment adviser and such fees are subject to renegotiation between the parties hereto to the extent such information is determined to be materially different from what the Funds’ investment adviser originally provided to ALPS. During Notwithstanding the foregoing, during each year of the term of this Agreement, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the fee that would be charged for the same services would be the base fee rate (as reflected in Appendix Cthe Fee Schedule) subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds Fund shall pay ALPS the fees listed in Appendix C hereto, as amended from time to time. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ investment adviser Fund and such fees are subject to renegotiation between the parties hereto to the extent such information is determined materially different, as agreed to be materially different by the Fund and ALPS, from what the Funds’ investment adviser Fund originally provided to ALPS. During each year of the term of this AgreementTerm, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the total fee that would be charged for the same services would be the minimum base fee rate (as reflected in Appendix C) subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds shall pay ALPS the fees listed in Appendix C hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ Fund’s investment adviser and such fees are subject to renegotiation between the parties hereto to the extent such information is determined to be materially different from what the Funds’ Fund’s investment adviser originally provided to ALPS. During each year of the term of this Agreement, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the total fee that would be charged for the same services would be the base fee rate (as reflected fees listed in Appendix C) , subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds shall pay ALPS the fees listed in Appendix C hereto. Notwithstanding anything to During each year of the contrary in Initial Term (defined below) of this Agreement, fees billed for unless the services to be performed by ALPS under this Agreement are parties shall otherwise agree and provided that the service mix and volumes remain consistent with those based on information provided by the FundsFund and the Advisors, the fee that will be charged for ALPS’ investment adviser and such fees are subject to renegotiation between services will be the parties hereto to base fee rate (as reflected in Appendix C). Following the extent such information is determined to be materially different from what conclusion of the Funds’ investment adviser originally provided to ALPS. During Initial Term, during each year of the term of this Agreement, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the fee that would will be charged for the same services would will be the base fee rate (as reflected in Appendix C) subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties. Any such cost of living adjustment shall require the approval of a majority of the Trust’s trustees, including a majority of the trustees who are not interested persons (as defined in the 1940 Act).

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds Fund shall pay ALPS the fees listed in Appendix C hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ Fund’s investment adviser and such fees are subject to renegotiation between the parties hereto to the extent such information is determined to be materially different from what the Funds’ Fund’s investment adviser originally provided to ALPS. During each year of the term of this Agreement, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the fee that would be charged for the same services would be the base fee rate (as reflected in Appendix C) subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds Fund shall pay ALPS the fees listed in Appendix C the Fee Schedule attached hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ investment adviser Fund and such fees are subject to renegotiation between the parties hereto to the extent such information is determined to be materially different from what the Funds’ investment adviser Fund originally provided to ALPS. During Notwithstanding the foregoing, during each year of the term of this Agreement, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the total fee that would be charged for the same services would be the base fee rate (as reflected in Appendix Cthe Fee Schedule) subject to an annual cost of living adjustment based on upon the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds Fund shall pay ALPS the fees listed in Appendix C hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ Fund’s investment adviser and such fees are subject to renegotiation between the parties hereto to the extent such information is determined to be materially different from what the Funds’ Fund’s investment adviser originally provided to ALPS. During each year of the term of this Agreement, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreementagree, the fee that would be charged for the same services would be the base fee rate (as reflected in Appendix C) ). Notwithstanding the foregoing, the annual minimum fee reflected in Appendix C will be subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds shall pay ALPS the fees listed in Appendix C hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ investment adviser Trust and such fees are subject to renegotiation between the parties hereto to the extent such information is determined to be materially different from what the Funds’ investment adviser Trust originally provided to ALPS. During each year Upon the conclusion of the Initial Term (as such term of this Agreementis defined herein), unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the fee that would be charged for the same services during a Renewal Term would be the base fee rate (as reflected in Appendix C) subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties. For the avoidance of doubt, the parties agree that any such adjustments shall not be retrospectively applicable to any services already provided under this Agreement during a prior Initial Term or Renewal Term.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust Beacon Hill as paying agent on behalf of the Funds Trust, shall pay ALPS the fees listed in Appendix C hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ investment adviser Trust or Beacon Hill and such fees are subject to renegotiation between the parties hereto to the extent such information is determined to be materially different from what the Funds’ investment adviser Trust or Beacon Hill originally provided to ALPS. During each year of the term of this Agreement, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the fee that would be charged for the same services would be the base fee rate (as reflected in Appendix C) subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds Fund shall pay ALPS the fees listed in Appendix C hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ Fund’s investment adviser and such fees are subject to renegotiation between the parties hereto to the extent such information is determined to be materially different from what the Funds’ Fund’s investment adviser originally provided to ALPS. During each year of the term of this AgreementAgreement and any extensions thereof, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the fee that would be charged for the same services would be the base fee rate (as reflected in Appendix C) subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds Cortina shall pay ALPS the fees listed in Appendix C the Fee Schedule attached hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ investment adviser and such fees are subject to renegotiation between the parties hereto to the extent such information is determined to be materially different from what the Funds’ investment adviser originally provided to ALPS. During Notwithstanding the foregoing, during each year of the term of this AgreementTerm, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the fee that would be charged for the same services would be the base fee rate (as reflected in Appendix Cthe Fee Schedule) subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds Fund shall pay ALPS the fees listed in Appendix C hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ investment adviser Fund and such fees are subject to renegotiation between the parties hereto to the extent such information is determined to be materially different from what the Funds’ investment adviser Fund originally provided to ALPS. During each year of the term Initial Term (as defined in Section 15(a) of this Agreement), unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the fee that would be charged for the same services would be the base fee rate (as reflected in Appendix C) subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services Sub-Administration Services described in Appendix C hereto to be performed hereunder by ALPS, ICON as paying agent on behalf of the Trust, shall pay ALPS the fees listed for Sub-Administration Services in Appendix B hereto. In consideration for the Fund Services to be performed hereunder by ALPS, the Trust on behalf of the Funds shall pay ALPS the fees listed for Fund Services in Appendix C B hereto, plus any Out-of-Pocket expenses. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ investment adviser Trust or ICON and such fees are subject to renegotiation between the parties hereto to the extent such information is determined to be materially different from what the Funds’ investment adviser Trust or ICON originally provided to ALPS. During each year of the term of this Agreement, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreementagree, the fee that would be charged for the same services Fund Services and the Sub-Administration Services would be the respective base fee rate (as reflected in Appendix CB) subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds shall pay ALPS the fees listed in Appendix C hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ ' investment adviser and such fees are subject to renegotiation between the parties hereto to the extent such information is determined to be materially different from what the Funds’ ' investment adviser originally provided to ALPS. During each year of the term of this Agreement, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the fee that would be charged for the same services would be the base fee rate (as reflected in Appendix C) subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust Trust, on behalf of the Funds Funds, shall pay ALPS the fees listed in Appendix C hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Trust, on behalf of the Funds’ investment adviser , and such fees are subject to renegotiation between the parties hereto to the extent such information is determined to be materially different from what the Funds’ investment adviser Trust originally provided to ALPS. During each year of the term of this AgreementTerm, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the fee that would be charged for the same services would be the base fee rate (as reflected in Appendix C) subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds shall pay ALPS the fees listed in Appendix C the Fee Schedule attached hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ Fund’s investment adviser and such fees are subject to renegotiation between the parties hereto to the extent such information is determined to be materially different from what the Funds’ Fund’s investment adviser originally provided to ALPS. During each year of the term of this Agreement, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the total fee that would be charged for the same services would be the base fee rate (as reflected fees listed in Appendix C) the Fee Schedule, subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust Cortina on behalf of the Funds shall pay ALPS the fees listed in Appendix C hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ investment adviser to ALPS and such fees are subject to renegotiation between among the parties hereto to the extent such information is determined to be materially different from what the Funds’ investment adviser originally provided to ALPS. During each year of the term of this Agreement, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the fee that would be charged for the same services would be the base fee rate (as reflected in Appendix C) subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.

ALPS Compensation; Expenses. (a) In consideration for the services to be performed hereunder by ALPS, the Trust on behalf of the Funds shall pay ALPS the fees listed in Appendix C the Fee Schedule attached hereto. Notwithstanding anything to the contrary in this Agreement, fees billed for the services to be performed by ALPS under this Agreement are based on information provided by the Funds’ Fund’s investment adviser and such fees are subject to renegotiation between the parties hereto to the extent such information is determined to be materially different from what the Funds’ Fund’s investment adviser originally provided to ALPS. During Notwithstanding the foregoing, during each year of the term of this AgreementTerm, unless the parties shall otherwise agree and provided that the service mix and volumes remain consistent with those provided in the previous year of this Agreement, the fee that would be charged for the same services would be the base fee rate (as reflected in Appendix Cthe Fee Schedule) subject to an annual cost of living adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, for the Denver-Boulder-Greeley area, as published bimonthly by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to all parties.