Common use of Choice of Law; Jury Trial Clause in Contracts

Choice of Law; Jury Trial. This Schedule shall be governed by and construed, and the legal relations between the parties shall be determined, in accordance with the laws of the State of New York , without giving effect to the principles of conflicts of laws. Each party agrees to waive its right to trial by jury in any action or proceeding based upon or related to this Agreement. The parties agree that all actions and proceedings based upon or relating to this Schedule shall be litigated exclusively in the federal and state courts located within New York City, New York. The undersigned acknowledges that (I/we) have received a copy of this document. Pointbreak ETF Trust (“you”) /s/ Xxxx X. Xxxxxx By: Xxxx X. Xxxxxx Title: Trustee Date: December 14, 2015 SCHEDULE III: DELEGATION SCHEDULE By its execution of this Delegation Schedule dated as of December 14, 2015, between Pointbreak ETF Trust, a management investment company registered with the Securities and Exchange Commission (the Commission) under the Investment Company Act of 1940, as amended (the 1940 Act), acting through its Board of Trustees or its duly appointed representative (the Trust), hereby appoints XXXXX BROTHERS XXXXXXXX & CO., a New York limited partnership with an office in Boston, Massachusetts (the Delegate) as its delegate to perform certain functions with respect to the custody of Trust’s Assets outside the United States.

Choice of Law; Jury Trial. This Schedule shall be governed by and construed, and the legal relations between the parties shall be determined, in accordance with the laws of the State of New York York, without giving effect to the principles of conflicts of laws. Each party agrees to waive its right to trial by jury in any action or proceeding based upon or related to this Agreement. The parties agree that all actions and proceedings based upon or relating to this Schedule shall be litigated exclusively in the federal and state courts located within New York City, New York. The undersigned acknowledges that (I/we) have received a copy of this document. Pointbreak ETF Trust XXXXXXX CAPITAL DESTINATIONS TRUST (“you”) /s/ Xxxx X. Xxxxxx By: Xxxx X. Xxxxxx /s/ Xxxxx Xxxxx Title: Trustee Xxxxx Xxxxx, President Date: December 14January 18, 2015 SCHEDULE III: 2017 17f-5 DELEGATION SCHEDULE By its execution of this Delegation Schedule dated as of December 14January 18, 20152017, between Pointbreak ETF Xxxxxxx Capital Destinations Trust, a management investment company registered with the Securities and Exchange Commission (the Commission) under the Investment Company Act of 1940, as amended (the 1940 Act), acting through its Board of Directors/Trustees or its duly appointed representative (the TrustFund), hereby appoints XXXXX BROTHERS XXXXXXXX & CO., a New York limited partnership with an office in Boston, Massachusetts (the Delegate) as its delegate to perform certain functions with respect to the custody of TrustFund’s Assets outside the United States.

Choice of Law; Jury Trial. This Schedule shall be governed by and construed, and the legal relations between the parties shall be determined, in accordance with the laws of the State of New York , without giving effect to the principles of conflicts of laws. Each party agrees to waive its right to trial by jury in any action or proceeding based upon or related to this Agreement. The parties agree that all actions and proceedings based upon or relating to this Schedule shall be litigated exclusively in the federal and state courts located within New York City, New York. The undersigned acknowledges that (I/we) have received a copy of this document. Pointbreak ETF Trust (“you”) /s/ Xxxx X. Xxxxxx By: Xxxx X. Xxxxxx Title: Trustee Date: December 14October 20, 2015 SCHEDULE III: DELEGATION SCHEDULE By its execution of this Delegation Schedule dated as of December 14October 20, 2015, between Pointbreak ETF Trust, a management investment company registered with the Securities and Exchange Commission (the Commission) under the Investment Company Act of 1940, as amended (the 1940 Act), acting through its Board of Trustees or its duly appointed representative (the Trust), hereby appoints XXXXX BROTHERS XXXXXXXX & CO., a New York limited partnership with an office in Boston, Massachusetts (the Delegate) as its delegate to perform certain functions with respect to the custody of Trust’s Assets outside the United States.

Choice of Law; Jury Trial. This Schedule shall be governed by and construed, and the legal relations between the parties shall be determined, in accordance with the laws of the State of New York , without giving effect to the principles of conflicts of laws. Each party agrees to waive its right to trial by jury in any action or proceeding based upon or related to this Agreement. The parties agree that all actions and proceedings based upon or relating to this Schedule shall be litigated exclusively in the federal and state courts located within New York City, New York. The undersigned acknowledges that (I/we) have received a copy of this document. Pointbreak ETF Two Roads Shared Trust (“"you”") /s/ Xxxx X. Xxxxxx By: Xxxx X. Xxxxxx /s/ Rxxxxxx Xxxxxxxxxx Title: Trustee Secretary of the Trust Date: December 14September 21, 2015 2017 SCHEDULE III: DELEGATION SCHEDULE By its execution of this Delegation Schedule dated as of December 14September 21, 20152017, between Pointbreak ETF Two Roads Shared Trust, a management investment company registered with the Securities and Exchange Commission (the Commission) under the Investment Company Act of 1940, as amended (the 1940 Act), acting through its Board of Directors/Trustees or its duly appointed representative (the TrustFund), hereby appoints XXXXX BXXXX BROTHERS XXXXXXXX HXXXXXXX & CO., a New York limited partnership with an office in Boston, Massachusetts (the Delegate) as its delegate to perform certain functions with respect to the custody of Trust’s Fund's Assets outside the United States.

Choice of Law; Jury Trial. This Schedule shall be governed by and construed, and the legal relations between the parties shall be determined, in accordance with the laws of the State of New York York, without giving effect to the principles of conflicts of laws. Each party agrees to waive its right to trial by jury in any action or proceeding based upon or related to this Agreement. The parties agree that all actions and proceedings based upon or relating to this Schedule shall be litigated exclusively in the federal and state courts located within New York City, New York. The undersigned acknowledges that (I/we) have received a copy of this document. Pointbreak ETF Trust PARNASSUS INCOME FUNDS (“you”) /s/ Xxxx X. Xxxxxx By: Name: Xxxx X. Xxxxxx Xxxxx Title: Trustee Treasurer Date: December 14May 28, 2015 SCHEDULE III: 2009 17f-5 DELEGATION SCHEDULE By its execution of this Delegation Schedule dated as of December 14June 8, 20152009, between Pointbreak ETF TrustBBH MASTER TRUST, a management investment company registered with the Securities and Exchange Commission (the Commission) under the Investment Company Act of 1940, as amended (the 1940 Act), acting through its Board of Directors/Trustees or its duly appointed representative (the TrustFund), hereby appoints XXXXX BROTHERS XXXXXXXX & CO., a New York limited partnership with an office in Boston, Massachusetts (the Delegate) as its delegate to perform certain functions with respect to the custody of TrustFund’s Assets outside the United States.

Choice of Law; Jury Trial. This Schedule shall be governed by and construed, and the legal relations between the parties shall be determined, in accordance with the laws of the State of New York York, without giving effect to the principles of conflicts of laws. Each party agrees to waive its right to trial by jury in any action or proceeding based upon or related to this Agreement. The parties agree that all actions and proceedings based upon or relating to this Schedule shall be litigated exclusively in the federal and state courts located within New York City, New York. The undersigned acknowledges that (I/we) have received a copy of this document. Pointbreak ETF Trust USCF MUTUAL FUNDS TRUST (“you”) By: /s/ Xxxx X. Xxxxxx By: Xxxx X. Xxxxxx Love Title: Trustee President Date: December 14March 6, 2015 SCHEDULE III: 2017 17f-5 DELEGATION SCHEDULE By its execution of this Delegation Schedule dated as of December 14March 6, 20152017, between Pointbreak ETF TrustUSCF MUTUAL FUNDS TRUST, a management investment company registered with the Securities and Exchange Commission (the Commission) under the Investment Company Act of 1940, as amended (the 1940 Act), acting through its Board of Directors/Trustees or its duly appointed representative (the TrustFund), hereby appoints XXXXX BROTHERS XXXXXXXX & CO., a New York limited partnership with an office in Boston, Massachusetts (the Delegate) as its delegate to perform certain functions with respect to the custody of TrustFund’s Assets outside the United States.

Choice of Law; Jury Trial. This Schedule shall be governed by and construed, and the legal relations between the parties shall be determined, in accordance with the laws of the State of New York York, without giving effect to the principles of conflicts of laws. Each party agrees to waive its right to trial by jury in any action or proceeding based upon or related to this Agreement. The parties agree that all actions and proceedings based upon or relating to this Schedule shall be litigated exclusively in the federal and state courts located within New York City, New York. The undersigned acknowledges that (I/we) have received a copy of this document. Pointbreak ETF Trust (“you”) /s/ Xxxx X. Xxxxxx XXXXX BROTHERS XXXXXXXX & CO By: Xxxx X. Xxxxxx Name: Title: Trustee Mutual of America Variable Insurance Portfolios, Inc. By: Title: Date: December 14, 2015 SCHEDULE III: 17f-5 DELEGATION SCHEDULE By its execution of this Delegation Schedule dated as of December 14, 20152019, between Pointbreak ETF TrustMutual of America Corporation, a management investment company registered with the Securities and Exchange Commission (the Commission) under the Investment Company Act of 1940, as amended (the 1940 Act), acting through its Board of Directors/Trustees or its duly appointed representative (the TrustFund), hereby appoints XXXXX BROTHERS XXXXXXXX & CO., a New York limited partnership with an office in Boston, Massachusetts (the Delegate) as its delegate to perform certain functions with respect to the custody of TrustFund’s Assets outside the United States.

Choice of Law; Jury Trial. This Schedule shall be governed by and construed, and the legal relations between the parties shall be determined, in accordance with the laws of the State Slate of New York York, without giving effect to the principles of conflicts of laws. Each party agrees to waive its right to trial by jury in any action or proceeding based upon or related to this Agreement. The parties agree that all actions and proceedings based upon or relating to this Schedule shall be litigated exclusively in the federal and state courts located within New York City, New York. The undersigned acknowledges that (I/we) have received a copy of this document. Pointbreak ETF LocalShares Investment Trust (“"you”") /s/ Xxxx X. Xxxxxx By: Xxxx /s/ Exxxxxxxx X. Xxxxxx Xxxxxxxx Title: Trustee President Date: December 14, 2015 SCHEDULE III: DELEGATION SCHEDULE By its execution of this Delegation Schedule dated as of December 14______________, 20152013, between Pointbreak ETF TrustLOCALSHARES INVESTMENT TRUST, a management investment company registered with the Securities and Exchange Commission (the Commission) under the Investment Company Act of 1940, as amended (the 1940 Act), acting through its Board of Directors/Trustees or its duly appointed representative (the TrustFund), hereby appoints XXXXX BXXXX BROTHERS XXXXXXXX HXXXXXXX & CO., a New York limited partnership with an office in Boston, Massachusetts (the Delegate) as its delegate to perform certain functions with respect to the custody of Trust’s Fund's Assets outside the United States.

Choice of Law; Jury Trial. This Schedule shall be governed by and construed, and the legal relations between the parties shall be determined, in accordance with the laws of the State of New York , without giving effect to the principles of conflicts of laws. Each party agrees to waive its right to trial by jury in any action or proceeding based upon or related to this Agreement. The parties agree that all actions and proceedings based upon or relating to this Schedule shall be litigated exclusively in the federal and state courts located within New York City, New York. The undersigned acknowledges that (I/we) have received a copy of this document. Pointbreak ETF Trust ARROW INVESTMENTS TRUST (“"you”") /s/ Xxxx X. Xxxxxx By: Xxxx X. Xxxxxx /s/Xxxxx Xxxxxxxx Title: Trustee Secretary Date: December 14, 2015 9/29/14 SCHEDULE III: DELEGATION SCHEDULE By its execution of this Delegation Schedule dated as of December 14_____________, 20152014, between Pointbreak ETF Arrow Investments Trust, a management investment company registered with the Securities and Exchange Commission (the Commission) under the Investment Company Act of 1940, as amended (the 1940 Act), acting through its Board of Directors/Trustees or its duly appointed representative (the TrustFund), hereby appoints XXXXX BROTHERS XXXXXXXX & CO., a New York limited partnership with an office in Boston, Massachusetts (the Delegate) as its delegate to perform certain functions with respect to the custody of Trust’s Fund's Assets outside the United StatesStates and Delegate accepts such appointment.

Choice of Law; Jury Trial. This Schedule shall be governed by and construed, and the legal relations between the parties shall be determined, in accordance with the laws of the State of New York York, without giving effect to the principles of conflicts of laws. Each party agrees to waive its right to trial by jury in any action or proceeding based upon or related to this Agreement. The parties agree that all actions and proceedings based upon or relating to this Schedule shall be litigated exclusively in the federal and state courts located within New York City, New York. The undersigned acknowledges that (I/we) have received a copy of this document. Pointbreak ETF SEI Catholic Values Trust (“you”) /s/ Xxxx X. Xxxxxx By: Xxxx /s/ Xxxxxxx X. Xxxxxx XxxXxx Title: Trustee Vice President Date: December 14, 2015 SCHEDULE III: 4/8/2015 17f-5 DELEGATION SCHEDULE By its execution of this Delegation Schedule dated as of December 14March 24, 2015, between Pointbreak ETF TrustSEI CATHOLIC VALUES TRUST, a management investment company registered with the Securities and Exchange Commission (the Commission) under the Investment Company Act of 1940, as amended (the 1940 Act), acting through its Board of Directors/Trustees or its duly appointed representative (the TrustFund), hereby appoints XXXXX BROTHERS XXXXXXXX & CO., a New York limited partnership with an office in Boston, Massachusetts (the Delegate) as its delegate to perform certain functions with respect to the custody of TrustFund’s Assets outside the United States.

Choice of Law; Jury Trial. This Schedule shall be governed by and construed, and the legal relations between the parties shall be determined, in accordance with the laws of the State of New York York, without giving effect to the principles of conflicts of laws. Each party agrees to waive its right to trial by jury in any action or proceeding based upon or related to this Agreement. The parties agree that all actions and proceedings based upon or relating to this Schedule shall be litigated exclusively in the federal and state courts located within New York City, New York. The undersigned acknowledges that (I/we) have received a copy of this document. Pointbreak PGIM ETF Trust (“you”) /s/ Xxxx X. Xxxxxx By: Xxxx X. Xxxxxx /s/M. Sxxxx Xxxxxxxx Name: M. Sxxxx Xxxxxxxx Title: Trustee Treasurer Date: December 14April 2, 2015 2018 SCHEDULE III: DELEGATION SCHEDULE By its execution of this Delegation Schedule dated as of December 14April 2, 20152018, between Pointbreak PGIM ETF Trust, a management investment company registered with the Securities and Exchange Commission (the Commission) under the Investment Company Act of 1940, as amended (the 1940 Act), acting through its Board of Directors/Trustees or its duly appointed representative (the TrustFund), hereby appoints XXXXX BXXXX BROTHERS XXXXXXXX HXXXXXXX & CO., a New York limited partnership with an office in Boston, Massachusetts (the Delegate) as its delegate to perform certain functions with respect to the custody of TrustFund’s Assets outside the United States.

Choice of Law; Jury Trial. This Schedule shall be governed by and construed, and the legal relations between the parties shall be determined, in accordance with the laws of the State of New York York, without giving effect to the principles of conflicts of laws. Each party agrees to waive its right to trial by jury in any action or proceeding based upon or related to this Agreement. The parties agree that all actions and proceedings based upon or relating to this Schedule shall be litigated exclusively in the federal and state courts located within New York City, New York. The undersigned acknowledges that (I/we) have received a copy of this document. Pointbreak ETF Trust FINANCIAL INVESTORS TRUST (“you”) /s/ Xxxx X. Xxxxxx By: Xxxx /s/ Exxxxx X. Xxxxxx Xxxxx Title: Trustee President Date: December 1416, 2015 SCHEDULE III: 2013 17f-5 DELEGATION SCHEDULE By its execution of this Delegation Schedule dated as of December 1416th, 20152013, between Pointbreak ETF TrustFINANCIAL INVESTORS TRUST, a management investment company registered with the Securities and Exchange Commission (the Commission) under the Investment Company Act of 1940, as amended (the 1940 Act), acting through its Board of Directors/Trustees or its duly appointed representative (the TrustFund), hereby appoints XXXXX BXXXX BROTHERS XXXXXXXX HXXXXXXX & CO., a New York limited partnership with an office in Boston, Massachusetts (the Delegate) as its delegate to perform certain functions with respect to the custody of TrustFund’s Assets outside the United States.

Choice of Law; Jury Trial. This Schedule shall be governed by and construed, and the legal relations between the parties shall be determined, in accordance with the laws of the State of New York , without giving effect to the principles of conflicts of laws. Each party agrees to waive its right to trial by jury in any action or proceeding based upon or related to this Agreement. The parties agree that all actions and proceedings based upon or relating to this Schedule shall be litigated exclusively in the federal and state courts located within New York City, New York. The undersigned acknowledges that (I/we) have received a copy of this document. Pointbreak ETF Trust KXXXX SHARES TRUST (“"you”") /s/ Xxxx X. Xxxxxx By: Xxxx X. Xxxxxx /s/ Jxxxxxxx Xxxxx Title: Trustee CEO Date: December 1412, 2015 2012 SCHEDULE III: DELEGATION SCHEDULE By its execution of this Delegation Schedule dated as of December 1412, 20152012, between Pointbreak ETF TrustKXXXX SHARES TRUST, a management investment company registered with the Securities and Exchange Commission (the Commission) under the Investment Company Act of 1940, as amended (the 1940 Act), acting through its Board of Directors/Trustees or its duly appointed representative (the TrustFund), hereby appoints XXXXX BXXXX BROTHERS XXXXXXXX HXXXXXXX & CO., a New York limited partnership with an office in Boston, Massachusetts (the Delegate) as its delegate to perform certain functions with respect to the custody of Trust’s Fund's Assets outside the United States.

Choice of Law; Jury Trial. This Schedule shall be governed by and construed, and the legal relations between the parties shall be determined, in accordance with the laws of the State of New York York, without giving effect to the principles of conflicts of laws. Each party agrees to waive its right to trial by jury in any action or proceeding based upon or related to this Agreement. The parties agree that all actions and proceedings based upon or relating to this Schedule shall be litigated exclusively in the federal and state courts located within New York City, New York. The undersigned acknowledges that (I/we) have received a copy of this document. Pointbreak ETF Trust document XXXXXXXX – XXXXXXXXX EQUITY & CONVERTIBLE INCOME FUND (“you”) /s/ Xxxx X. Xxxxxx By: Xxxx X. Xxxxxx Title: Trustee Date: December 14, 2015 SCHEDULE III: 17f-5 DELEGATION SCHEDULE By its execution of this Delegation Schedule dated as of December 14, 20152007, between Pointbreak ETF TrustXXXXXXXX – APPLEGATE EQUITY & CONVERTIBLE INCOME FUND, a management investment company registered with the Securities and Exchange Commission (the Commission) under the Investment Company Act of 1940, as amended (the 1940 Act), acting through its Board of Directors/Trustees or its duly appointed representative (the TrustFund), hereby appoints XXXXX BROTHERS XXXXXXXX & CO., a New York limited partnership with an office in Boston, Massachusetts (the Delegate) as its delegate to perform certain functions with respect to the custody of TrustFund’s Assets outside the United States.