Common use of Duties of the Trading Advisor Clause in Contracts

Duties of the Trading Advisor. (a) The Trading Advisor hereby agrees to act as a Trading Advisor for the Partnership and, as such, shall have sole authority and responsibility for directing the investment and reinvestment of its allocable share of the Net Assets of the Partnership on the terms and conditions and in accordance with the prohibitions and trading policies set forth in this Agreement, or the Prospectus or as otherwise provided in writing to the Trading Advisor; PROVIDED, HOWEVER, that the General Partner may override the instructions of the Trading Advisor to the extent necessary (i) to comply with the trading policies of the Partnership and with applicable speculative position limits, (ii) to fund any distributions, redemptions, or reapportionments among other trading advisors to the Partnership, (iii) to pay the Partnership's expenses, (iv) to the extent the General Partner believes doing so is necessary for the protection of the Partnership, (v) to terminate the futures interests trading of the Partnership, or (vi) to comply with any applicable law or regulation. The General Partner agrees not to override any such instructions for the reasons specified in clauses (ii) or (iii) of the preceding sentence unless the Trading Advisor fails to comply with a request of the General Partner to make the necessary amount of funds available to the Partnership within five calendar days of such request. The Trading Advisor shall not be liable for the consequences of any decision by the General Partner to override instructions of the Trading Advisor, except to the extent that the Trading Advisor is in breach of this Agreement. In performing services to the Partnership the Trading Advisor may not materially alter the trading program(s) used by the Trading Advisor in investing and reinvesting its allocable share of the Partnership's Net Assets in futures interests as described in the Prospectus without the prior written consent of the General Partner, it being understood that changes in the futures interests traded shall not be deemed an alteration in the Trading Advisor's trading program(s).

Appears in 2 contracts

Samples: Management Agreement (Witter Dean Spectrum Strategic Lp), Management Agreement (Witter Dean Spectrum Strategic Lp)

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Duties of the Trading Advisor. (a) The Trading Advisor hereby agrees to continue to act as a Trading Advisor the trading advisor for the Partnership and, as such, shall have sole authority and responsibility for directing advising the investment and reinvestment of its allocable share of the Net Assets assets of the Partnership in futures interests on the terms and conditions and in accordance with the prohibitions restrictions and trading policies set forth in this Agreement, or the Prospectus or Partnership's Limited Partnership Agreement as otherwise provided from time to time in writing to effect (the Trading Advisor"Limited Partnership Agreement"), and the Prospectus; PROVIDEDprovided, HOWEVERhowever, that the General Partner may override the instructions of the Trading Advisor to the extent necessary (i) to comply with the trading policies of the Partnership and with applicable speculative position limitsdescribed in the Limited Partnership Agreement, (ii) to fund any distributions, distributions or redemptions, or reapportionments among other trading advisors to the Partnership, (iii) to pay the Partnership's expenses, (iv) to the extent the General Partner believes doing so is necessary for the protection of the Partnership, (v) to terminate the futures interests trading of the Partnership, or (vi) to comply with any applicable law or regulation. The General Partner agrees not to override any such instructions for the reasons specified in clauses (ii) or and (iii) of the preceding sentence unless the Trading Advisor fails to comply with a request of the General Partner to make the necessary amount of funds available to the Partnership within five calendar days of such request. The Except as otherwise provided herein, the Trading Advisor shall not be liable for the consequences of any decision by the General Partner to override instructions of the Trading Advisor, except to the extent that the Trading Advisor is in breach of this Agreement. In performing services to the Partnership the Trading Advisor may not materially alter the trading program(s) used by the Trading Advisor in investing and reinvesting its allocable share of the Partnership's Net Assets (as defined in Section 6(c) hereof) in futures interests as described in the Prospectus without the prior written consent of the General Partner, it being understood that changes in the futures interests or markets traded shall not be deemed an alteration in the Trading Advisor's trading program(s).

Appears in 1 contract

Samples: Management Agreement (Morgan Stanley Dean Witter Spectrum Commodity L P)

Duties of the Trading Advisor. (a) The Trading Advisor hereby agrees to act as a Trading Advisor the trading advisor for the Partnership and, as such, shall have sole authority and responsibility for directing advising the investment and reinvestment of its allocable share of the Net Assets assets of the Partnership in futures interests on the terms and conditions and in accordance with the prohibitions restrictions and trading policies set forth in this Agreement, or the Prospectus or Partnership's Limited Partnership Agreement as otherwise provided from time to time in writing to effect (the Trading Advisor"Limited Partnership Agreement"), and the Prospectus; PROVIDEDprovided, HOWEVERhowever, that the General Partner may override the instructions of the Trading Advisor to the extent necessary (i) to comply with the trading policies of the Partnership and with applicable speculative position limitsdescribed in the Limited Partnership Agreement, (ii) to fund any distributions, distributions or redemptions, or reapportionments among other trading advisors to the Partnership, (iii) to pay the Partnership's expenses, (iv) to the extent the General Partner believes doing so is necessary for the protection of the Partnership, (v) to terminate the futures interests trading of the Partnership, or (vi) to comply with any applicable law or regulation. The General Partner agrees not to override any such instructions for the reasons specified in clauses (ii) or and (iii) of the preceding sentence unless the Trading Advisor fails to comply with a request of the General Partner to make the necessary amount of funds available to the Partnership within five calendar days of such request. The Except as otherwise provided herein, the Trading Advisor shall not be liable for the consequences of any decision by the General Partner to override instructions of the Trading Advisor, except to the extent that the Trading Advisor is in breach of this Agreement. In performing services to the Partnership the Trading Advisor may not materially alter the trading program(s) used by the Trading Advisor in investing and reinvesting its allocable share of the Partnership's Net Assets (as defined in Section 6(c) hereof) in futures interests as described in the Prospectus without the prior written consent of the General Partner, it being understood that changes in the futures interests or markets traded shall not be deemed an alteration in the Trading Advisor's trading program(s).

Appears in 1 contract

Samples: Customer Agreement (DWFCM International Access Fund Lp)

Duties of the Trading Advisor. (a) The Trading Advisor hereby agrees to continue to act as a Trading Advisor trading advisor for the Partnership and, as such, shall have sole authority and responsibility for directing the investment and reinvestment of its allocable share the net assets (as defined in Section 7(d) of the Limited Partnership Agreement, the "Net Assets Assets") of the Partnership on the terms and conditions and in accordance with the prohibitions and trading policies set forth in this Agreementallocated to it; provided, or the Prospectus or as otherwise provided in writing to the Trading Advisor; PROVIDED, HOWEVERhowever, that the General Partner may override the instructions of the Trading Advisor to the extent necessary (i) to comply with the trading policies of the Partnership described in writing to the Trading Advisor and with applicable speculative position limits, (ii) to fund any distributions, redemptions, or reapportionments among other trading advisors to the Partnership, (iii) to pay the Partnership's expenses, (iv) to the extent the General Partner believes doing so is necessary for the protection of the Partnership, (v) to terminate the futures interests trading of the Partnership, or (vi) to comply with any applicable law law, regulation, order, judgment, or regulationinterpretation, or policy. The General Partner agrees not to override any such instructions for the reasons specified in clauses (ii) or (iii) of the preceding sentence unless the Trading Advisor fails to comply with a request of the General Partner to make the necessary amount of funds available to the Partnership within five calendar days of such request. The Trading Advisor shall not be liable for the consequences of any decision by the General Partner to override instructions of the Trading Advisor, except to the extent that the Trading Advisor is in breach of this Agreement. In performing services to for the Partnership Partnership, the Trading Advisor may not materially alter the trading program(s) programs used by the Trading Advisor in investing and reinvesting its allocable share of the Partnership's Net Assets in futures interests as described in the Prospectus without the prior written consent of the General Partner, it being understood that changes in the futures interests traded shall not be deemed an alteration in the Trading Advisor's trading program(s).

Appears in 1 contract

Samples: Management Agreement (Dean Witter Portfolio Strategy Fund Lp)

Duties of the Trading Advisor. (a) The Trading Advisor hereby agrees to act as a Trading Advisor for the Partnership and, as such, shall have sole authority and responsibility for directing the investment and reinvestment of its allocable share of the Net Assets of the Partnership on the terms and conditions and in accordance with the prohibitions and trading policies set forth in this AgreementExhibit A hereto, or the Prospectus Prospectus, or as otherwise provided in writing and consented to by the Trading Advisor; PROVIDEDprovided, HOWEVERhowever, that the General Partner may override the instructions of the Trading Advisor to the extent necessary (i) to comply with the trading policies of the Partnership and with applicable speculative position limits, (ii) to fund any distributions, redemptions, or reapportionments among other trading advisors to the Partnership, (iii) to pay the Partnership's expenses, (iv) to the extent the General Partner believes doing so is necessary for the protection of the Partnership, (v) to terminate the futures interests trading of the Partnership, or (vi) to comply with any applicable law or regulation. The General Partner agrees not to override any such instructions for the reasons specified in clauses (ii) or (iii) of the preceding sentence unless the Trading Advisor fails to comply with a request of the General Partner to make the necessary amount of funds available to the Partnership within five calendar two business days of such request. The Trading Advisor shall not be liable for the consequences of any decision by the General Partner to override instructions of the Trading Advisor, except to the extent that the Trading Advisor is in breach of this Agreement. In performing services to the Partnership the Trading Advisor may not materially alter the trading program(s) used by the Trading Advisor in investing and reinvesting its allocable share of the Partnership's Net Assets in futures interests as described in the Prospectus without the prior written consent of the General Partner, it being understood that changes in the futures interests or markets traded shall not be deemed an alteration in the Trading Advisor's trading program(s).

Appears in 1 contract

Samples: Management Agreement (Morgan Stanley Dean Witter Spectrum Select Lp)

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Duties of the Trading Advisor. (a) The Trading Advisor hereby agrees to act as a Trading Advisor for the Partnership and, as such, shall have sole authority and responsibility for directing the investment and reinvestment of its allocable share of the Net Assets of the Partnership on the terms and conditions and in accordance with the prohibitions and trading policies set forth in this Agreement, or the Prospectus or as otherwise provided in writing to the Trading Advisor; PROVIDEDprovided, HOWEVERhowever, that the General Partner may override the instructions of the Trading Advisor to the extent necessary (i) to comply with the trading policies of the Partnership and with applicable speculative position limits, (ii) to fund any distributions, redemptions, or reapportionments among other trading advisors to the Partnership, (iii) to pay the Partnership's expenses, (iv) to the extent the General Partner believes doing so is necessary for the protection of the Partnership, (v) to terminate the futures interests trading of the Partnership, or (vi) to comply with any applicable law or regulation. The General Partner agrees not to override any such instructions for the reasons specified in clauses (ii) or (iii) of the preceding sentence unless the Trading Advisor fails to comply with a request of the General Partner to make the necessary amount of funds available to the Partnership within five calendar days of such request. The Trading Advisor shall not be liable for the consequences of any decision by the General Partner to override instructions of the Trading Advisor, except to the extent that the Trading Advisor is in breach of this Agreement. In performing services to the Partnership the Trading Advisor may not materially alter the trading program(s) used by the Trading Advisor in investing and reinvesting its allocable share of the Partnership's Net Assets in futures interests as described in the Prospectus without the prior written consent of the General Partner, it being understood that changes in the futures interests traded shall not be deemed an alteration in the Trading Advisor's trading program(s).

Appears in 1 contract

Samples: Customer Agreement (Witter Dean Spectrum Strategic Lp)

Duties of the Trading Advisor. (a) The Trading Advisor hereby agrees to continue to act as a Trading Advisor the trading advisor for the Partnership and, as such, shall have sole authority and responsibility for directing advising the investment and reinvestment of its allocable share of the Net Assets assets of the Partnership in futures interests on the terms and conditions and in accordance with the prohibitions restrictions and trading policies set forth in this Agreement, or the Prospectus or Partnership's Limited Partnership Agreement as otherwise provided from time to time in writing to effect (the Trading Advisor"Limited Partnership Agreement"), and the Prospectus; PROVIDED, HOWEVER, that the General Partner may override the instructions of the Trading Advisor to the extent necessary (i) to comply with the trading policies of the Partnership and with applicable speculative position limitsdescribed in the Limited Partnership Agreement, (ii) to fund any distributions, distributions or redemptions, or reapportionments among other trading advisors to the Partnership, (iii) to pay the Partnership's expenses, (iv) to the extent the General Partner believes doing so is necessary for the protection of the Partnership, (v) to terminate the futures interests trading of the Partnership, or (vi) to comply with any applicable law or regulation. The General Partner agrees not to override any such instructions for the reasons specified in clauses (ii) or and (iii) of the preceding sentence unless the Trading Advisor fails to comply with a request of the General Partner to make the necessary amount of funds available to the Partnership within five calendar days of such request. The Except as otherwise provided herein, the Trading Advisor shall not be liable for the consequences of any decision by the General Partner to override instructions of the Trading Advisor, except to the extent that the Trading Advisor is in breach of this Agreement. In performing services to the Partnership the Trading Advisor may not materially alter the trading program(s) used by the Trading Advisor in investing and reinvesting its allocable share of the Partnership's Net Assets (as defined in Section 6(c) hereof) in futures interests as described in the Prospectus without the prior written consent of the General Partner, it being understood that changes in the futures interests or markets traded shall not be deemed an alteration in the Trading Advisor's trading program(s).

Appears in 1 contract

Samples: Management Agreement (Morgan Stanley Dean Witter Spectrum Commodity L P)

Duties of the Trading Advisor. (a) The Trading Advisor hereby agrees to continue to act as a Trading Advisor trading advisor for the Partnership and, as such, shall have sole authority and responsibility for directing the investment and reinvestment of its allocable share the net assets (as defined in Section 7(d) of the Limited Partnership Agreement, the "Net Assets Assets") of the Partnership on the terms and conditions and in accordance with the prohibitions and trading policies set forth in this Agreementallocated to it; provided, or the Prospectus or as otherwise provided in writing to the Trading Advisor; PROVIDED, HOWEVERhowever, that the General Partner may override the instructions of the Trading Advisor to the extent necessary (i) to comply with the trading policies of the Partnership described in writing to the Trading Advisor and with applicable speculative position limits, (ii) to fund any distributions, redemptions, or reapportionments among other trading advisors to the Partnership, (iii) to pay the Partnership's expenses, (iv) to the extent the General Partner believes doing so is necessary for the protection of the Partnership, (v) to terminate the futures interests trading of the Partnership, or (vi) to comply with any applicable law law, regulation, order, judgment, or regulationinterpretation, or policy. The General Partner agrees not to override any such instructions for the reasons specified in clauses (ii) or (iii) of the preceding sentence unless the Trading Advisor fails to comply with a request of the General Partner to make the necessary amount of funds available to the Partnership within five calendar days of such request. The Trading Advisor shall not be liable for the consequences of any decision by the General Partner to override instructions of the Trading Advisor, except to the extent that the Trading Advisor is in breach of this Agreement. In performing services to for the Partnership Partnership, the Trading Advisor may not materially alter the trading program(s) programs used by the Trading Advisor in investing and reinvesting its allocable share of the Partnership's Net Assets in futures interests as described in the Prospectus without the prior written consent of the General Partner, it being understood that changes in the futures interests traded on leverage shall not be deemed an a material alteration in the Trading Advisor's trading program(s)) employed for the Partnership.

Appears in 1 contract

Samples: Management Agreement (Dean Witter Principal Secured Futures Fund Lp)

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