Common use of Duration, Termination and Amendment Clause in Contracts

Duration, Termination and Amendment. (a) This Agreement shall become effective separately with respect to each Fund on the latest of (i) the date set forth above, (ii) the date on which a majority of the Trustees approves the agreement, (iii) the date on which the Fund commences operations, and (iv) the date on which the Distributor commences acting as the principal underwriter of the Fund as described herein, and unless terminated as provided herein, shall continue for two years from its effective date, and thereafter from year to year, provided such continuance is approved annually (i) by vote of a majority of the Trustees or by the vote of a majority of the outstanding voting securities of the Fund and (ii) by the vote of a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval. This Agreement may be terminated at any time, without the payment of any penalty, as to one or more Funds (i) by vote of a majority of those Trustees who are not parties to this Agreement or interested persons of any such party or (ii) by vote of a majority of the outstanding voting securities of the Fund, or by the Distributor, on at least sixty (60) days’ prior written notice. This Agreement shall automatically terminate without the payment of any penalty in the event of its assignment. As used in this paragraph, the terms “vote of a majority of the outstanding voting securities,” “assignment,” “affiliated person” and “interested person” shall have the respective meanings specified in the 1940 Act.

Duration, Termination and Amendment. (a) This Agreement shall become effective separately with respect to each Fund on the latest of (i) the date set forth aboveClosing Date, (ii) the date on which a majority of the Trustees approves the agreement, (iii) the date on which the Fund commences operations, and (iv) the date on which the Distributor commences acting as the principal underwriter of the Fund as described herein, and unless terminated as provided herein, shall continue for two years from its effective date, and thereafter from year to year, provided such continuance is approved annually (i) by vote of a majority of the Trustees or by the vote of a majority of the outstanding voting securities of the Fund and (ii) by the vote of a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval. This Agreement may be terminated at any time, without the payment of any penalty, as to one or more Funds (i) by vote of a majority of those Trustees who are not parties to this Agreement or interested persons of any such party or (ii) by vote of a majority of the outstanding voting securities of the Fund, or by the Distributor, on at least sixty (60) days’ prior written notice. This Agreement shall automatically terminate without the payment of any penalty in the event of its assignment. As used in this paragraph, the terms “vote of a majority of the outstanding voting securities,” “assignment,” “affiliated person” and “interested person” shall have the respective meanings specified in the 1940 Act.

Duration, Termination and Amendment. (a) This Agreement shall become be effective separately with respect to each Fund on the latest of (i) date recited in the date set forth above, (ii) the date on which a majority of the Trustees approves the agreement, (iii) the date on which the Fund commences operations, and (iv) the date on which the Distributor commences acting as the principal underwriter of the Fund as described hereinfirst paragraph hereof, and unless terminated as provided herein, shall continue for two years from its effective date, and thereafter from year to year, provided such continuance is approved annually (i) by vote of a majority of the Trustees or by the vote of a majority of the outstanding voting securities Board of Trustees, and by the vote of those Trustees who are not “interested persons” of the Fund Trust (the “Independent Trustees”) and if a Plan (iiunder Rule 12b-1 under the 0000 Xxx) is in effect, by the vote of a majority of those the Independent Trustees who are not parties to such Plan or this Agreement and have no financial interest in the operation of such Plan or interested persons of in any agreements related to such party Plan (“Plan Trustees”), in each case cast in person at a meeting called for the purpose of voting on such approvalthis Agreement. This Agreement may be terminated at any time, without the payment of any penalty, as to one or more Funds each Fund (i) by vote of a majority of those the Trustees who are not parties to this Agreement or interested persons or, if a Plan is in effect by a vote of any such party a majority of the Plan Trustees, or (ii) by vote of a majority (as defined in the 0000 Xxx) of the outstanding voting securities of the relevant Fund, or by the Distributor, on at least sixty (60) days’ days prior written noticenotice to the Distributor. In addition, this Agreement may be terminated at any time by the Distributor upon at least sixty (60) days prior written notice to the Trust. This Agreement shall automatically terminate without the payment of any penalty in the event of its assignment. As used in this paragraph, the terms “vote of a majority of the outstanding voting securities,” “assignment,” “affiliated person” and “interested personpersons” shall have the respective meanings specified in the 1940 Act.

Duration, Termination and Amendment. (a) This Agreement shall become be effective separately with respect to each Fund on the latest of (i) the date set forth aboveMay 1, (ii) the date on which a majority of the Trustees approves the agreement, (iii) the date on which the Fund commences operations, and (iv) the date on which the Distributor commences acting as the principal underwriter of the Fund as described herein2017, and unless terminated as provided herein, shall continue for two years from its effective date, and thereafter from year to year, provided such continuance is approved annually (i) by vote of a majority of the Trustees or by the vote of a majority of the outstanding voting securities Board of the Fund Trustees, and (ii) by the vote of a majority of those Trustees who are not “interested persons” of the Trust (the “Independent Trustees”) and, if a plan under Rule 12b-1 under the 1940 Act is in effect, by the vote of those Trustees who are not “interested persons” of the Trust and who are not parties to such plan or this Agreement and have no financial interest in the operation of such plan or interested persons of in any agreements related to such party plan, cast in person at a meeting called for the purpose of voting on such the approval. This Agreement may be terminated at any time, without the payment of any penalty, as to one or more Funds each Fund (i) by vote of a majority of those the Independent Trustees who are not parties to this Agreement or interested persons of any such party or (ii) by vote of a majority (as defined in the 0000 Xxx) of the outstanding voting securities of the Fund, or by the Distributor, on at least sixty (60) days’ days prior written noticenotice to the Distributor. In addition, this Agreement may be terminated at any time by the Distributor upon at least sixty (60) days prior written notice to the Trust. This Agreement shall automatically terminate without the payment of any penalty in the event of its assignment. As used in this paragraph, the terms “vote of a majority of the outstanding voting securities,” “assignment,” “affiliated person” and “interested personpersons” shall have the respective meanings specified in the 1940 Act.

Duration, Termination and Amendment. (a) This Agreement shall become be effective separately with respect to each Fund on the latest of (i) the date first set forth above, (ii) the date on which a majority of the Trustees approves the agreement, (iii) the date on which the Fund commences operations, and (iv) the date on which the Distributor commences acting as the principal underwriter of the Fund as described herein, and unless terminated as provided herein, shall continue for two years one year from its effective date, and thereafter from year to year, provided such continuance is approved annually (i) by vote of a majority of the Trustees or by the vote of a majority of the outstanding voting securities Board of the Fund Trustees, and (ii) by the vote of a majority of those Trustees who are not “interested persons” of the Trust (the “Independent Trustees”) and, if a plan under Rule 12b-1 under the 1940 Act is in effect, by the vote of those Trustees who are not “interested persons” of the Trust and who are not parties to such plan or this Agreement and have no financial interest in the operation of such plan or interested persons of in any agreements related to such party plan, cast in person at a meeting called for the purpose of voting on such the approval. This Agreement may be terminated at any time, without the payment of any penalty, as to one or more Funds each Fund (i) by vote of a majority of those the Independent Trustees who are not parties to this Agreement or interested persons of any such party or (ii) by vote of a majority (as defined in the 0000 Xxx) of the outstanding voting securities of the Fund, or by the Distributor, on at least sixty (60) days’ days prior written noticenotice to the Distributor. In addition, this Agreement may be terminated at any time by the Distributor upon at least sixty (60) days prior written notice to the Trust. This Agreement shall automatically terminate without the payment of any penalty in the event of its assignment. As used in this paragraph, the terms “vote of a majority of the outstanding voting securities,” “assignment,” “affiliated person” and “interested personpersons” shall have the respective meanings specified in the 1940 Act.

Duration, Termination and Amendment. (a) This Agreement shall become be effective separately with respect to each Fund on the latest of (i) the date set forth above, (ii) the date on which a majority of the Trustees approves the agreement, (iii) the date on which the Fund commences operations, and (iv) the date on which the Distributor commences acting as the principal underwriter of the Fund as described herein, and unless terminated as provided herein, shall continue for two years from its effective date, and thereafter from year to year, provided such continuance is approved annually (i) by vote of a majority of the Trustees or by the vote of a majority of the outstanding voting securities of the Fund and (ii) by the vote of a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval. This Agreement may be terminated at any time, without the payment of any penalty, as to one or more Funds each Fund (i) by vote of a majority of those Trustees who are not parties to this Agreement or interested persons of any such party or (ii) by vote of a majority of the outstanding voting securities of the Fund, or by the Distributor, on at least sixty (60) days’ days prior written noticenotice to the Distributor or (ii) by the Distributor on at least sixty (60) days prior written notice to the Trust. This Agreement shall automatically terminate without the payment of any penalty in the event of its assignment. As used in this paragraph, the terms “vote of a majority of the outstanding voting securities,” “assignment,” “affiliated person” and “interested person” shall have the respective meanings specified in the 1940 Act.

Duration, Termination and Amendment. (a) This Agreement shall become be effective separately with respect to each Fund on the latest of (i) the date set forth above, (ii) the date on which a majority of the Trustees approves the agreement, (iii) the date on which the Fund commences operations, and (iv) the date on which the Distributor commences acting as the principal underwriter of the Fund as described herein, and unless terminated as provided herein, shall continue for two years from its effective date, and thereafter from year to year, provided such continuance is approved annually (i) by vote of a majority of the Trustees or by the vote of a majority of the outstanding voting securities of the Fund and (ii) by the vote of a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person (to the extent an in-person vote is required by law or the applicable Fund’s prospectus) at a meeting called for the purpose of voting on such approval. This Agreement may be terminated at any time, without the payment of any penalty, as to one or more Funds each Fund (i) by vote of a majority of those Trustees who are not parties to this Agreement or interested persons of any such party or (ii) by vote of a majority of the outstanding voting securities of the Fund, or by the Distributor, on at least sixty (60) days’ days prior written notice. This Agreement shall automatically terminate without the payment of any penalty in the event of its assignment. As used in this paragraph, the terms “vote of a majority of the outstanding voting securities,” “assignment,” “affiliated person” and “interested person” shall have the respective meanings specified in the 1940 Act.

Duration, Termination and Amendment. (a) This Agreement shall become be effective separately with respect to each Fund on the latest of (i) the date first set forth above, (ii) the date on which a majority of the Trustees approves the agreement, (iii) the date on which the Fund commences operations, and (iv) the date on which the Distributor commences acting as the principal underwriter of the Fund as described herein, and unless terminated as provided herein, shall continue for two years from its effective date, and thereafter from year to year, provided such continuance is approved annually (i) by vote of a majority of the Trustees or by the vote of a majority of the outstanding voting securities Board of the Fund Trustees, and (ii) by the vote of a majority of those Trustees who are not "interested persons" of the Trust (the "Independent Trustees") and, if a plan under Rule 12b-1 under the 1940 Act is in effect, by the vote of those Trustees who are not "interested persons" of the Trust and who are not parties to such plan or this Agreement and have no financial interest in the operation of such plan or interested persons of in any agreements related to such party plan, cast in person at a meeting called for the purpose of voting on such the approval. This Agreement may be terminated at any time, without the payment of any penalty, as to one or more Funds each Fund (i) by vote of a majority of those the Independent Trustees who are not parties to this Agreement or interested persons of any such party or (ii) by vote of a majority (as defined in the 1940 Act) of the outstanding voting securities vxxxxx xxcurities of the Fund, or by the Distributor, on at least sixty (60) days’ days prior written noticenotice to the Distributor. In addition, this Agreement may be terminated at any time by the Distributor upon at least sixty (60) days prior written notice to the Trust. This Agreement shall automatically terminate without the payment of any penalty in the event of its assignment. As used in this paragraph, the terms “vote of a majority of the outstanding voting securities,” “"assignment,” “affiliated person” " and “interested person” shall have the respective meanings specified in the 1940 Act."

Duration, Termination and Amendment. (a) This Agreement shall become be effective separately with respect to each Fund on the latest of (i) the date set forth aboveFebruary 22, (ii) the date on which a majority of the Trustees approves the agreement, (iii) the date on which the Fund commences operations, and (iv) the date on which the Distributor commences acting as the principal underwriter of the Fund as described herein2008, and unless terminated as provided herein, shall continue for two years from its effective date, and thereafter from year to year, provided such continuance is approved annually (i) by vote of a majority of the Trustees or by the vote of a majority of the outstanding voting securities Board of the Fund Trustees, and (ii) by the vote of a majority of those Trustees who are not “interested persons” of the Trust (the “Independent Trustees”) and if a plan under Rule 12b-1 under the 1940 Act is in effect, by the vote of those Trustees who are not “interested persons” of the Trust and who are not parties to such Plan or this Agreement and have no financial interest in the operation of such Plan or interested persons of in any agreements related to such party Plan, cast in person at a meeting called for the purpose of voting on such the approval. This Agreement may be terminated at any time, without the payment of any penalty, as to one or more Funds each Fund (i) by vote of a majority of those the Independent Trustees who are not parties to this Agreement or interested persons of any such party or (ii) by vote of a majority (as defined in the 0000 Xxx) of the outstanding voting securities of the Fund, or by the Distributor, on at least sixty (60) days’ days prior written noticenotice to the Distributor. In addition, this Agreement may be terminated at any time by the Distributor upon at least sixty (60) days prior written notice to the Trust. This Agreement shall automatically terminate without the payment of any penalty in the event of its assignment. As used in this paragraph, the terms “vote of a majority of the outstanding voting securities,” “assignment,” “affiliated person” and “interested personpersons” shall have the respective meanings specified in the 1940 Act.

Duration, Termination and Amendment. (a) This Agreement shall become be effective separately with respect to each Fund on the latest of (i) the date set forth aboveApril 25, (ii) the date on which a majority of the Trustees approves the agreement, (iii) the date on which the Fund commences operations, and (iv) the date on which the Distributor commences acting as the principal underwriter of the Fund as described herein2012, and unless terminated as provided herein, shall continue for two years from its effective date, and thereafter from year to year, provided such continuance is approved annually (i) by vote of a majority of the Trustees or by the vote of a majority of the outstanding voting securities Board of the Fund Trustees, and (ii) by the vote of a majority of those Trustees who are not “interested persons” of the Trust (the “Independent Trustees”) and, if a plan under Rule 12b-1 under the 1940 Act is in effect, by the vote of those Trustees who are not “interested persons” of the Trust and who are not parties to such plan or this Agreement and have no financial interest in the operation of such plan or interested persons of in any agreements related to such party plan, cast in person at a meeting called for the purpose of voting on such the approval. This Agreement may be terminated at any time, without the payment of any penalty, as to one or more Funds each Fund (i) by vote of a majority of those the Independent Trustees who are not parties to this Agreement or interested persons of any such party or (ii) by vote of a majority (as defined in the 0000 Xxx) of the outstanding voting securities of the Fund, or by the Distributor, on at least sixty (60) days’ days prior written noticenotice to the Distributor. In addition, this Agreement may be terminated at any time by the Distributor upon at least sixty (60) days prior written notice to the Trust. This Agreement shall automatically terminate without the payment of any penalty in the event of its assignment. As used in this paragraph, the terms “vote of a majority of the outstanding voting securities,” “assignment,” “affiliated person” and “interested personpersons” shall have the respective meanings specified in the 1940 Act.

Duration, Termination and Amendment. (a) This Agreement shall become be effective separately with respect to each Fund on the latest of (i) the date set forth above________________, (ii) the date on which a majority of the Trustees approves the agreement, (iii) the date on which the Fund commences operations, and (iv) the date on which the Distributor commences acting as the principal underwriter of the Fund as described herein1998, and unless terminated as provided herein, shall continue for two years from its effective date, and thereafter from year to year, provided such continuance is approved annually (i) by vote of a majority of the Trustees or by the vote of a majority of the outstanding voting securities Board of the Fund Trustees, and (ii) by the vote of a majority of those Trustees who are not "interested persons" of the Trust (the "Independent Trustees") and, if a plan under Rule 12b-1 under the 1940 Act is in effect, by the vote of those Trustees who are not "interested persons" of the Trust and who are not parties to such plan or this Agreement and have no financial interest in the operation of such plan or interested persons of in any agreements related to such party plan, cast in person at a meeting called for the purpose of voting on such the approval. This Agreement may be terminated at any time, without the payment of any penalty, as to one or more Funds each Fund (i) by vote of a majority of those the Independent Trustees who are not parties to this Agreement or interested persons of any such party or (ii) by vote of a majority of (as defined in the 1940 Xxx) xx the outstanding voting securities of the Fund, or by the Distributor, on at least sixty (60) days’ days prior written noticenotice to the Distributor. In addition, this Agreement may be terminated at any time by the Distributor upon at least sixty (60) days prior written notice to the Trust. This Agreement shall automatically terminate without the payment of any penalty in the event of its assignment. As used in this paragraph, the terms “vote of a majority of the outstanding voting securities,” “"assignment,” “affiliated person” " and “interested person” shall have the respective meanings specified in the 1940 Act."

Duration, Termination and Amendment. (a) This Agreement shall become be effective separately with respect to each Fund on the latest of (i) the date set forth above, (ii) the date on which a majority of the Trustees approves the agreement, (iii) the date on which the Fund commences operations, and (iv) the date on which the Distributor commences acting as the principal underwriter of the Fund as described herein, and unless terminated as provided herein, shall continue for two years from its effective date, and thereafter from year to year, provided such continuance is approved annually (i) by vote of a majority of the Trustees or by the vote of a majority of the outstanding voting securities of the Fund and (ii) by the vote of a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval. This Agreement may be terminated at any time, without the payment of any penalty, as to one or more Funds each Fund (i) by vote of a majority of those Trustees who are not parties to this Agreement or interested persons of any such party or (ii) by vote of a majority of the outstanding voting securities of the Fund, or by the Distributor, on at least sixty (60) days’ days prior written notice. No party may assign this agreement nor any rights, privileges, duties or obligations hereunder without the prior written consent of the other party. This Agreement shall automatically terminate without the payment of any penalty in the event of its assignment. As used in this paragraph, the terms “"vote of a majority of the outstanding voting securities,” “" "assignment,” “" "affiliated person” " and “"interested person” " shall have the respective meanings specified in the 1940 Act.

Duration, Termination and Amendment. (a) This Agreement shall become be effective separately with respect to each Fund on the latest of (i) the date set forth above_________, (ii) the date on which a majority of the Trustees approves the agreement, (iii) the date on which the Fund commences operations, and (iv) the date on which the Distributor commences acting as the principal underwriter of the Fund as described herein2002, and unless terminated as provided herein, shall continue for two years from its effective date, and thereafter from year to year, provided such continuance is approved annually (i) by vote of a majority of the Trustees or by the vote of a majority of the outstanding voting securities Board of the Fund Trustees, and (ii) by the vote of a majority of those Trustees who are not "interested persons" of the Trust (the "Independent Trustees") and, if a plan under Rule 12b-1 under the 1940 Act is in effect, by the vote of those Trustees who are not "interested persons" of the Trust and who are not parties to such plan or this Agreement and have no financial interest in the operation of such plan or interested persons of in any agreements related to such party plan, cast in person at a meeting called for the purpose of voting on such the approval. This Agreement may be terminated at any time, without the payment of any penalty, as to one or more Funds each Fund (i) by vote of a majority of those the Independent Trustees who are not parties to this Agreement or interested persons of any such party or (ii) by vote of a majority (as defined in the 0000 Xxx) of the outstanding voting securities of the Fund, or by the Distributor, on at least sixty (60) days’ days prior written noticenotice to the Distributor. In addition, this Agreement may be terminated at any time by the Distributor upon at least sixty (60) days prior written notice to the Trust. This Agreement shall automatically terminate without the payment of any penalty in the event of its assignment. As used in this paragraph, the terms “vote of a majority of the outstanding voting securities,” “"assignment,” “affiliated person” " and “interested person” shall have the respective meanings specified in the 1940 Act."

Duration, Termination and Amendment. (a) This Agreement shall become be effective separately with respect to each Fund on the latest of (i) the date set forth above__________, (ii) the date on which a majority of the Trustees approves the agreement, (iii) the date on which the Fund commences operations, and (iv) the date on which the Distributor commences acting as the principal underwriter of the Fund as described herein2011, and unless terminated as provided herein, shall continue for two years from its effective date, and thereafter from year to year, provided such continuance is approved annually (i) by vote of a majority of the Trustees or by the vote of a majority of the outstanding voting securities Board of the Fund Trustees, and (ii) by the vote of a majority of those Trustees who are not “interested persons” of the Trust (the “Independent Trustees”) and, if a plan under Rule 12b-1 under the 1940 Act is in effect, by the vote of those Trustees who are not “interested persons” of the Trust and who are not parties to such plan or this Agreement and have no financial interest in the operation of such plan or interested persons of in any agreements related to such party plan, cast in person at a meeting called for the purpose of voting on such the approval. This Agreement may be terminated at any time, without the payment of any penalty, as to one or more Funds each Fund (i) by vote of a majority of those the Independent Trustees who are not parties to this Agreement or interested persons of any such party or (ii) by vote of a majority (as defined in the 0000 Xxx) of the outstanding voting securities of the Fund, or by the Distributor, on at least sixty (60) days’ days prior written noticenotice to the Distributor. In addition, this Agreement may be terminated at any time by the Distributor upon at least sixty (60) days prior written notice to the Trust. This Agreement shall automatically terminate without the payment of any penalty in the event of its assignment. As used in this paragraph, the terms “vote of a majority of the outstanding voting securities,” “assignment,” “affiliated person” and “interested personpersons” shall have the respective meanings specified in the 1940 Act.

Duration, Termination and Amendment. (a) This a)This Agreement shall become be effective separately with respect to each Fund on the latest of (i) the date set forth above, (ii) the date on which a majority of the Trustees approves the agreement, (iii) the date on which the Fund commences operations, and (iv) the date on which the Distributor commences acting as the principal underwriter of the Fund as described hereinEffective Date, and unless terminated as provided herein, shall continue for two years from its effective date, and thereafter from year to year, provided such continuance is approved annually (i) by vote of a majority of the Trustees or by the vote of a majority of the outstanding voting securities of the Fund and (ii) by the vote of a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval. This Agreement may be terminated at any time, without the payment of any penalty, as to one or more Funds each Fund (i) by vote of a majority of those Trustees who are not parties to this Agreement or interested persons of any such party or (ii) by vote of a majority of the outstanding voting securities of the Fund, or by the Distributor, on at least sixty (60) days’ days prior written notice. This Agreement shall automatically terminate without the payment of any penalty in the event of its assignment. As used in this paragraph, the terms “vote of a majority of the outstanding voting securities,” “assignment,” “affiliated person” and “interested person” shall have the respective meanings specified in the 1940 Act. In addition, where the effect of a requirement of the 1940 Act reflected in any provision of this Agreement is modified or interpreted by any applicable order or orders of the SEC, any rules or regulations adopted by, or interpretative releases of, the SEC, or any applicable guidance issued by the staff of the SEC, such provision will be deemed to incorporate the effect of such order, rule, regulation, interpretative release, or guidance.