Duties and Responsibilities of the Adviser. The Adviser assumes exclusive responsibility for the consequences of any instructions it may give to USBFS concerning the Servicesand for Adviser’s failure to supply accurate information to USBFS. The Adviser shall provide USBFS with such information as is necessary for USBFS to provide the Services and will promptly notify USBFS of any problems or errors with End Users’ use of applicable Services of which the Adviser becomes aware. The Adviser’s responsibility under this Agreement with respect to the Services shall not extend beyond the terms and conditions specifically stated herein.
Duties and Responsibilities of the Adviser. The Manager and the Trust appoint the Adviser to (i) provide investment advisory services with respect to the investment and reinvestment of such portion, if any, of the Funds' assets as is designated by the Manager from time to time, and, with respect to such assets, (ii) continuously review, and administer the investment program of the Funds, (iii) determine in the Adviser's discretion the securities to be purchased or sold, (iv) provide the Manager and the Trust with records, which the Trust is required to maintain, concerning the Adviser's activities, and (v) render regular reports to the Manager and to the Trust's officers and Trustees concerning the Adviser's discharge of the foregoing responsibilities. The Adviser shall discharge the foregoing duties and responsibilities (1) in conformity with all applicable securities law, including but not limited to the Investment Company Act, the Investment Advisers Act of 1940, as amended (“Advisers Act”), the Commodity Exchange Act, as amended, the Securities Act of 1933, as amended (“Securities Act”), and the Securities Exchange Act of 1934, as amended (“Exchange Act”), (2) subject to the Manager's oversight and the control of the officers and the Board of Trustees of the Trust (“Board” or “Trustees”) and in compliance with such policies as the Board may from time to time establish, (3) in compliance with the objectives, strategies, policies, and limitations for each such Fund set forth in the Trust's current registration statement, as amended from time to time, and applicable laws and regulations, and (4) in compliance with such other investment guidelines or restrictions established from time to time by the Manager or the Trust, which shall be communicated in writing by the Manager to Adviser in advance. The Adviser accepts such appointment and agrees to render the investment advisory services for the compensation specified herein and to provide at its own expense the office space, furnishings and equipment and the personnel required by it to perform the services on the terms and for the compensation provided herein. (With respect to any of the Funds’ assets allocated to the Adviser for its services, the Manager will make the investment decisions with respect to that portion of assets that the Adviser deems should be invested in short-term money market instruments. The Manager agrees to provide this service.) The Manager will instruct the Trust's custodian(s) to hold and/or transfer the Funds' assets in acc...
Duties and Responsibilities of the Adviser. (a) Subject to the direction and control of the Board, the Adviser shall provide a continuous investment program for each Fund, including investment research and management of the investment and reinvestment of the assets of each Fund, in accordance with: (i) the 1940 Act, the Investment Advisers Act of 1940, as amended (the “Advisers Act”), and all applicable rules and regulations promulgated thereunder by the Securities and Exchange Commission (the “SEC”); (ii) any other applicable provision of law or regulation, including the Internal Revenue Code of 1986, as amended (the “Code”); (iii) the terms of the Trust’s Declaration of Trust, as amended and restated from time to time (the “Declaration of Trust”), and the Trust’s Bylaws, as amended and restated from time to time; (iv) the Fund’s investment objectives, policies and restrictions as set forth in the Trust’s registration statement on Form N-1A, as amended from time to time (the “Registration Statement”); and (v) any policies and determinations of the Board. In connection therewith, the Adviser, as agent and attorney-in-fact with respect to each Fund, shall have full authority to make decisions to purchase and sell securities and other assets for each Fund, to exercise all voting and other rights pertaining to such securities and other assets, to place each Fund’s portfolio transactions with broker-dealers, to negotiate the terms of such transactions on behalf of such Fund (subject to the provisions of Section 3 hereof), and to perform such other functions of investment management and supervision as may be directed by the Board. The Adviser also shall have the responsibility to cause the Adviser’s officers and employees to attend meetings and furnish oral or written reports, as the Trust may reasonably request.
Duties and Responsibilities of the Adviser. (a)Investment Advisory Services. The Adviser shall:
Duties and Responsibilities of the Adviser. The Adviser shall:
