Common use of Effective Date, Duration and Termination Clause in Contracts

Effective Date, Duration and Termination. With respect to any Fund, this Agreement shall become effective upon the earlier of: (i) the date such Fund is identified on Exhibit C, as amended from time-to-time; or (ii) the availability of any Fund to any of the Channels. Any amendment to Exhibit C may be delivered to Fund/Agent via electronic means with advance notice that is reasonably sufficient for Fund/Agent to object to the adoption of such amendment. The acceptance by Fund/Agent of any order after the date stated in such amendment shall represent Fund/Agent’s acceptance of such amendment. If the Fund or its Board of Trustees requires any periodic approval of this Agreement, such approval has been or shall be obtained. This Agreement shall continue in force for one year and, thereafter, shall remain in full force and effect for successive annual periods, unless earlier terminated in keeping with the provisions of the paragraph below. Notwithstanding any provision hereof to the contrary, the provisions of Sections II, III and IV of this Article Three shall survive the termination of the Agreement. This Agreement is terminable as to any Fund by any party upon 90 days written notice thereof to the other parties or upon material breach hereof provided that such material breach shall not terminate this Agreement to the extent the party in material breach has been notified of such material breach by the counterparty and the party in material breach cures such material breach within 10 business days of such notice. After the date of termination as to any Fund, no fee will be due with respect to any shares of such Fund that are first placed or purchased in Client accounts after the date of such termination. However, notwithstanding any such termination, Fund/Agent will remain obligated to pay the fee as to each share of such Fund that was considered in the calculation of the fee as of the date of such termination, for so long as such share is held in the FBS or Correspondent account. This Agreement, or any provision hereof, shall survive termination to the extent necessary for each party to perform its obligations with respect to Shares for which a fee continues to be due subsequent to such termination.

Appears in 1 contract

Samples: Services Agreement (Allstate Financial Investment Trust)

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Effective Date, Duration and Termination. With respect to any Fund, this Agreement shall become effective upon the earlier of: (i) the date such Fund is identified on Exhibit C, as amended from time-to-time; or (ii) or the availability of any Fund to any of the Channels. Any amendment to Exhibit C may be delivered to Fund/Agent via electronic means with advance notice that is reasonably sufficient for Fund/Agent to object to means. Such amendment shall be effective on the adoption of date stated in such amendment. The acceptance by Fund/Agent of any order after the date stated in such amendment shall represent Fund/Agent’s acceptance of such amendment. The Fund/Agent represents that prior to the effective date, if the Fund or the Fund’s Board of Trustees requires any approval of this Agreement, such approval has been obtained. If the Fund or its Board of Trustees requires any periodic approval of this Agreement, such approval has been or shall be obtained. This Agreement shall continue in force for one year and, thereafter, shall remain in full force and effect for successive annual periods, unless earlier terminated in keeping with the provisions of the paragraph below. Notwithstanding any provision hereof to the contrary, the provisions of Sections II, III and IV of this Article Three shall survive the termination of the Agreement. This Agreement is terminable as to any Fund by any party upon 90 days written notice thereof to the other parties or upon material breach hereof provided that such material breach shall not terminate this Agreement to the extent the party in material breach has been notified of such material breach by the counterparty and the party in material breach cures such material breach within 10 business days of such notice. After the date of termination as to any Fund, no fee will be due with respect to any shares Shares of such Fund that are first placed or purchased in Client accounts after the date of such termination. However, notwithstanding any such termination, Fund/Agent Adviser will remain obligated to pay the fee as to each share Share of such Fund that was considered in the calculation of the fee as of the date of such termination, for so long as such share Share is held in the FBS FBS, Correspondent or Correspondent FIIOC account. This Agreement, or any provision hereof, shall survive termination to the extent necessary for each party to perform its obligations with respect to Shares for which a fee continues to be due subsequent to such termination.

Appears in 1 contract

Samples: Services Agreement (First Focus Funds Inc)

Effective Date, Duration and Termination. With respect to any Fund, this Agreement shall become effective upon the earlier of: (i) the date such Fund is identified on Exhibit C, as amended from time-to-time; or (ii) the availability of any Fund to any of the Channels. Any amendment to Exhibit C may be delivered to Fund/Agent via electronic means with advance notice that is reasonably sufficient for Fund/Agent to object to means. Such amendment shall be effective on the adoption of date stated in such amendment. The acceptance by Fund/Agent of any order after the date stated in such amendment shall represent Fund/Agent’s acceptance of such amendment. The Fund/Agent represents that prior to the effective date, if the Fund or the Fund’s Board of Trustees requires any approval of this Agreement, such approval has been obtained. If the Fund or its Board of Trustees requires any periodic approval of this Agreement, such approval has been or shall be obtained. This Agreement shall continue in force for one year and, thereafter, shall remain in full force and effect for successive annual periods, unless earlier terminated in keeping with the provisions of the paragraph below. Notwithstanding any provision hereof to the contrary, the provisions of Sections II, III and IV 1V of this Article Three shall survive the termination of the Agreement. This Agreement is terminable as to any Fund by any party upon 90 days written notice thereof to the other parties or upon material breach hereof provided that such material breach shall not terminate this Agreement to the extent the party in material breach has been notified of such material breach by the counterparty and the party in material breach cures such material breach within 10 business days of such notice. After the date Notwithstanding termination of termination this Agreement as to any Fund, no fee will be due with respect to any shares of such Fund that are first placed or purchased in Client accounts after the date of such termination. However, notwithstanding any such termination, Fund/Agent will remain obligated to pay the any applicable fee as to each share of such Fund that was considered in the calculation of the fee as of the date of such termination, for so long as such share is held in the FBS FBS, Correspondent or Correspondent FIIOC account. This Agreement, or any provision hereof, shall survive termination to the extent necessary for each party to perform its obligations with respect to Shares for which a fee continues to be due subsequent to such termination.

Appears in 1 contract

Samples: Services Agreement (GMO Series Trust)

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Effective Date, Duration and Termination. With respect to any Fund, this Agreement shall become effective upon the earlier of: (i) the date such Fund is identified on Exhibit CB, as amended from time-to-time; or (ii) or the availability of any Fund to any customers of the ChannelsFidelity and/or Correspondents. Any amendment to Exhibit C may be delivered to The Fund/Agent via electronic means with advance notice represents that is reasonably sufficient for Fund/Agent to object prior to the adoption effective date, if the Fund or the Fund’s Board of Trustees requires any approval of this Agreement, such amendment. The acceptance by Fund/Agent of any order after the date stated in such amendment shall represent Fund/Agent’s acceptance of such amendmentapproval has been obtained. If the Fund or its Board of Trustees requires any periodic approval of this Agreement, such approval has been or shall be obtained. This The Agreement shall continue in force for one year andyear, thereafter, this Agreement shall remain in full force and effect for successive annual periods, unless earlier terminated in keeping with the provisions of the paragraph below. Notwithstanding any provision hereof to the contrary, the provisions of Sections II, III and IV of this Article Three shall survive the termination of the Agreementterminated. This Agreement is terminable as to any Fund by any party upon 90 60 days written notice thereof to the other parties or upon material breach default hereof provided that such material breach default shall not terminate this Agreement to the extent the defaulting party in material breach has been notified of such material breach default by the counterparty nondefaulting party and the defaulting party in material breach cures such material breach default within 10 business days of notice of such noticedefault. After the date of termination as to any Fund, no fee will be due with respect to any shares of such Fund that are first placed or purchased in Client Fidelity or Correspondent customer accounts after the date of such termination. However, notwithstanding any such termination, Fund/Agent will remain obligated to pay NFS the fee as to each share of such Fund that was considered in the calculation of the fee as of the date of such termination, for so long as such share is held in the FBS Fidelity or Correspondent account. This Agreement, or any provision hereof, shall survive termination to the extent necessary for each party to perform its obligations with respect to Shares shares for which a fee continues to be due subsequent to such termination.

Appears in 1 contract

Samples: Services Agreement (Pacific Global Fund Inc)

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