Common use of Binding Effect; Assignment Clause in Contracts

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective without the written consent of the other party hereto. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Appears in 40 contracts

Samples: Custody Agreement (TCG Financial Series Trust X), Custody Agreement (Mutual Fund Series Trust), Custody Agreement (TCG Financial Series Trust IX)

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Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust Company or by the Custodian, and no attempted assignment by the Trust Company or the Custodian shall be effective without the written consent of the other party hereto. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Company or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Appears in 25 contracts

Samples: Custody Agreement (Mundoval Funds), Custody Agreement (Blue Chip Investor Funds), Custody Agreement (Collaborative Investment Series Trust)

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust Corporation or by the Custodian, and no attempted assignment by the Trust Corporation or the Custodian shall be effective without the written consent of the other party hereto. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Corporation or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Appears in 16 contracts

Samples: Custody Agreement (Northquest Capital Fund Inc), Custody Agreement (Mh Elite Portfolio of Funds Inc), Custody Agreement (Mh Elite Portfolio of Funds Inc)

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and inure to the parties hereto, benefit of the Trust and Empirical and their respective successors and assigns; provided, however, provided that no party hereto may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust any of its rights or the Custodian shall be effective obligations hereunder without the written consent of the other party heretoparty. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Appears in 15 contracts

Samples: Chief Compliance Officer Services Agreement (MSS Series Trust), Chief Compliance Officer Services Agreement (Amm Funds), Chief Compliance Officer Services Agreement (Epiphany Funds)

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and inure to the parties hereto, benefit of the Trust and EMPIRICAL and their respective successors and assigns; provided, however, provided that no party hereto may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust any of its rights or the Custodian shall be effective obligations hereunder without the written consent of the other party heretoparty. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Appears in 11 contracts

Samples: Administration Agreement (Sparrow Funds), Administration Agreement (Americafirst Quantitative Funds), Administration Agreement (MSS Series Trust)

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and shall inure to the parties hereto, benefit of the Custodian and the Trust and their respective successors and assigns; providedassignees, however, provided that neither party may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective without the prior written consent of the other party heretoCustodian. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Appears in 7 contracts

Samples: Custodian and Transfer Agent Agreement (Pointbreak ETF Trust), Custodian and Transfer Agent Agreement (Pointbreak ETF Trust), Custodian and Transfer Agent Agreement (Pointbreak ETF Trust)

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and inure to the parties hereto, benefit of the Trust and Administrator and their respective successors and assigns; provided, however, provided that no party hereto may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust any of its rights or the Custodian shall be effective obligations hereunder without the written consent of the other party heretoparty. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client shareholder of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Appears in 7 contracts

Samples: Administrative Services Agreement (ETFis Series Trust I), Administrative Services Agreement (ETF Series Trust), Administrative Services Agreement (ETF Series Trust)

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective without the written consent of the other party hereto. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client shareholder of the Trust any Fund or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Appears in 5 contracts

Samples: Custody Agreement (Unified Series Trust), Custody Agreement (Northern Lights Fund Trust Ii), Custody Agreement (Grand Prix Investors Trust)

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective without the written consent of the other party hereto. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreementhereof. Accordingly, no client of the Trust Client or other third party parties shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties. This Agreement shall be binding upon and inure to the benefit of Client and BBH and their respective successors and assigns, provided that no party hereto may assign this Agreement or any of its rights or obligations hereunder without the written consent of the other party or parties, as applicable.

Appears in 4 contracts

Samples: Class Actions Services Agreement (Six Circles Trust), Class Actions Services Agreement (Touchstone Institutional Funds Trust), Class Actions Services Agreement (Touchstone Strategic Trust)

Binding Effect; Assignment. This Agreement shall extend to and all of the provisions hereof shall be binding upon and inure to the benefit of the parties hereto, hereto and their respective heirs, executors, successors and permitted assigns; provided, howeverbut, that except as expressly contemplated herein, neither this Agreement nor any of the rights, interests or obligations hereunder shall not be assignable assigned, directly or indirectly, by the Trust Company or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective Holder without the prior written consent of the other party heretoother. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. AccordinglyUpon any such assignment, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by shall be amended to substitute the partiesassignee as a party hereto in a writing reasonably acceptable to the other party.

Appears in 2 contracts

Samples: Registration Rights Agreement (HFS Inc), Stockholders Agreement (Cygne Designs Inc)

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon bindingupon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall Agreementshall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian theCustodian shall be effective without the written consent of the other party hereto. Each party agrees that only the onlythe parties to this agreement and /or and/or their successors in interest shall have a right to enforce the terms of this ofthis Agreement. Accordingly, no client of the Trust or other third party shall have any rights under this Agreement thisAgreement and such rights are explicitly disclaimed by the parties.

Appears in 1 contract

Samples: Custody Agreement (PSG Capital Management Trust)

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and shall inure to the parties hereto, benefit of the Custodian and the Trust and their respective successors and assigns; provided, however, that permitted assignees. Neither the Custodian nor the Trust may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective without the prior written consent of the other party heretoparty. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Fund or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Appears in 1 contract

Samples: Custodian Agreement (Burnham Investors Trust)

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust Corporation or by the Custodian, and no attempted assignment by the Trust Corporation or the Custodian shall be effective without the written consent of the other party hereto. Each Xxxxxx - 05-13-09 Exhibit 99.g party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Corporation or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Appears in 1 contract

Samples: Custody Agreement (Mh Elite Portfolio of Funds Trust)

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Binding Effect; Assignment. This Agreement shall extend to and all of the provisions hereof shall be binding upon and inure to the benefit of the parties hereto, hereto and their respective heirs, executors, successors and permitted assigns; provided, howeverbut, that except as expressly contemplated herein, neither this Agreement nor any of the rights, interests or obligations hereunder shall not be assignable as signed, directly or indirectly, by the Trust Company or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective Holder without the prior written consent of the other party heretoother. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. AccordinglyUpon any such assignment, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by shall be amended to substitute the partiesassignee as a party hereto in a writing reasonably acceptable to the other party.

Appears in 1 contract

Samples: Stockholders Agreement (Taylor Ann Stores Corp)

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust Company or by the Custodian, and no attempted assignment by the Trust Company or the Custodian shall be effective without the written consent of the other party hereto. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Company or other third party shall have any rights under this Agreement and such rights are arc explicitly disclaimed by the parties.

Appears in 1 contract

Samples: Custody Agreement (PRISM Multi Strategy Fund)

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective effective, without the written consent of the other party hereto. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Appears in 1 contract

Samples: Custody Agreement (Cross Shore Discovery Fund)

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust Sub-custodian or by the CustodianTrust, and no attempted assignment by the Sub-Custodian or Trust or the Custodian shall be effective without the written consent of the other party heretoCustodian. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Appears in 1 contract

Samples: Sub Custody Agreement (Cross Shore Discovery Fund)

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust Fund or by the Custodian, and no attempted assignment by the Trust Fund or the Custodian shall be effective without the written consent of the other party hereto. Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Fund or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Appears in 1 contract

Samples: Form Of:  custody Agreement (Z Seven Fund Inc)

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by the Trust Company or by the Custodian, and no attempted assignment by the Trust Company or the Custodian shall be effective without the written consent of the other party hereto. .Each party agrees that only the parties to this agreement and /or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Company or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Appears in 1 contract

Samples: Custody Agreement (Capitol Series Trust)

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and shall inure to the parties hereto, benefit of the Custodian and the Trust and their respective successors and assigns; providedassignees, however, provided that no party hereto may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust any of its rights or the Custodian shall be effective obligations hereunder without the prior written consent of the other party heretoparty. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Appears in 1 contract

Samples: Custodian Agreement (CSOP ETF Trust)

Binding Effect; Assignment. This Agreement shall extend to and shall be binding upon and shall inure to the parties hereto, benefit of the Custodian and the Fund and their respective successors and assigns; providedassignees, however, provided that neither party may assign this Agreement shall not be assignable by the Trust or by the Custodian, and no attempted assignment by the Trust or the Custodian shall be effective without the prior written consent of the other party heretoparty, which consent shall not be unreasonably withheld. Each party agrees that only the parties to this agreement and /or Agreement and/or their successors in interest shall have a right to enforce the terms of this Agreement. Accordingly, no client of the Trust Custodian or other third party shall have any rights under this Agreement and such rights are explicitly disclaimed by the parties.

Appears in 1 contract

Samples: Custodian Agreement (Bjurman Barry Funds)

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