DUTIES AS ADVISER. The Portfolio hereby appoints the Adviser to act as the investment adviser to the Portfolio and, subject to the supervision of the Board of Trustees of the Portfolio, to provide investment advisory services to the Portfolio as hereinafter set forth: (i) to obtain and evaluate such information and advice relating to the economy, securities markets, and securities as it deems necessary or useful to discharge its duties hereunder; (ii) to continuously manage the assets of the Portfolio in a manner consistent with applicable law and the investment objectives and policies set forth in the most current prospectus and statement of additional information of the Fund under the Securities Act of 1933 (the "Prospectus"); (iii) to determine which issuers will be deemed "Qualified Issuers" (as defined in the Prospectus); (iv) to determine the timing of purchases, sales, and dispositions of securities; (v) to take such further action in its sole discretion (but always in compliance with applicable law and the Prospectus) without obligation to give prior notice to the Board of Trustees of the Portfolio, or the Custodian, including the placing of purchase and sale orders on behalf of the Portfolio as it shall deem necessary and appropriate; (vi) to furnish to or place at the disposal of the Portfolio such of the information, evaluations, analyses, and opinions formulated or obtained by it in the discharge of its duties as the Portfolio may, from time to time, reasonably request; (vii) to take such actions necessary or appropriate to carry out the decisions of the Portfolio's Board of Trustees; (viii) to make decisions for the Portfolio as to the manner in which voting rights, rights to consent to trust action, and any other rights pertaining to how the Portfolio's securities shall be exercised ("Portfolio Voting Rights"). The Portfolio has directed the Custodian, and Custodian as agreed, to act in accordance with the instructions of the Adviser. The Adviser shall at no time have custody of or physical control over the investment account assets or securities, and the Adviser shall not be liable for any act or omission of the Custodian. The Adviser shall maintain records required under the Investment Advisers Act of 1940 ("Advisers Act") and shall make them available to the Portfolio or its designees for review or inspection upon demand and at the Adviser's expense.
DUTIES AS ADVISER. (a) Subject to the oversight and direction of the Trust's Board of Trustees ("Board") and all written guidelines applicable to the Fund, as adopted by the Trust, the Adviser will provide a continuous investment program with respect to the Fund, including investment research and management for all securities and investments and cash equivalents in the Fund. The Adviser will determine from time to time what securities and other investments in the Fund will be purchased, retained or sold by the Fund. The Adviser will be responsible for placing purchase and sell orders for investments and for other related transactions with respect to the Fund and selecting the brokers and dealers through whom trades will be executed. The Adviser will provide services under this Contract in accordance with the Fund's investment objective, policies and restrictions and the description of its investment strategy and style, all as stated in the Trust's registration statement under the 1940 Act, and any amendments or supplements thereto ("Registration Statement"), and in compliance with the 1940 Act, the rules thereunder, and all applicable federal and state securities laws and regulations.
DUTIES AS ADVISER. The Fund hereby appoints the Adviser to act as the investment adviser to the Fund with respect to all of the Fund's Portfolios (the "Portfolios"), and, subject to the supervision of the Board of Trustees of the Fund, to provide investment advisory services to the Fund as hereinafter set forth: (i) to obtain and evaluate such information and advice relating to the economy, securities markets, and securities as it deems necessary or useful to discharge its duties hereunder; (ii) to continuously manage the assets of the Fund in a manner consistent with applicable law and the investment objectives and policies set forth in the most current prospectus and statement of additional information of the Fund under the Securities Act of 1933 (the "Prospectus"); (iii) to determine which issuers will be deemed "Qualified Issuers" (as defined in the Prospectus); (iv) to determine the timing of purchases, sales, and dispositions of securities; (v) to take such further action in its sole discretion (but always in compliance with applicable law and the Prospectus) without obligation to give prior notice to the Board of Trustees of the Fund, or the Custodian, including the placing of purchase and sale orders on behalf of the Fund as
