Common use of Entire Agreement and Severability Clause in Contracts

Entire Agreement and Severability. This Agreement represents the entire agreement among the parties with regard to the investment management matters described herein and may not be amended, modified or waived without the affirmative written consent of the Adviser and the Sub-Adviser effected in accordance with Section 17 of this Agreement except as otherwise noted herein. If any provision of this Agreement shall be held or made invalid by a statute, rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected thereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.

Appears in 13 contracts

Samples: Sub Advisory Agreement (Exchange Listed Funds Trust), Sub Advisory Agreement (Exchange Traded Concepts Trust), Sub Advisory Agreement (Exchange Listed Funds Trust)

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Entire Agreement and Severability. This Agreement represents the entire agreement among the parties with regard to the investment management matters described herein and may not be amended, modified or waived without the affirmative written consent of the Adviser and the Sub-Adviser Portfolio effected in accordance with Section 17 16 of this Agreement except as otherwise noted herein. If any provision of this Agreement shall be held or made invalid by a statute, rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected thereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.

Appears in 11 contracts

Samples: Investment Management Agreement (Exchange Traded Concepts Trust), Investment Management Agreement (Exchange Traded Concepts Trust), Investment Management Agreement (Exchange Traded Concepts Trust)

Entire Agreement and Severability. This Agreement represents the entire agreement among the parties with regard to the investment management matters described herein and may not be amended, modified or waived without the affirmative written consent of the Adviser Advisor and the Sub-Adviser Company effected in accordance with Section 17 12 of this Agreement except as otherwise noted herein. If any provision of this Agreement shall be held or made invalid by a statute, rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected thereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.

Appears in 9 contracts

Samples: Investment Management Agreement (Rydex Series Funds), Investment Management Agreement (Rydex Variable Trust), Investment Management Agreement (Rydex Variable Trust)

Entire Agreement and Severability. This Agreement represents the entire agreement among the parties with regard to the investment management matters described herein and may not be amended, modified modified, or waived without the affirmative written consent of the Adviser and the Sub-Adviser effected in accordance with Section 17 of this Agreement except as otherwise noted hereinparties hereto. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected thereby and, to this extent, the provisions of this Agreement shall be deemed to be severablethereby.

Appears in 1 contract

Samples: Investment Advisory Agreement (Spinnaker ETF Series)

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Entire Agreement and Severability. This Agreement represents the entire agreement among the parties with regard to the investment management matters described herein and may not be amended, modified or waived without the affirmative written consent of the Adviser and the Sub-Adviser each Portfolio effected in accordance with Section 17 13 of this Agreement except as otherwise noted herein. If any provision of this Agreement shall be held or made invalid by a statute, rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected thereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.

Appears in 1 contract

Samples: Investment Advisory Agreement (ETFS Trust)

Entire Agreement and Severability. This Agreement represents the entire agreement among the parties with regard to the investment management matters described herein and may not be amended, modified or waived without the affirmative written consent of the Adviser and the Sub-Adviser effected in accordance with Section 17 16 of this Agreement except as otherwise noted herein. If any provision of this Agreement shall be held or made invalid by a statute, rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected thereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.

Appears in 1 contract

Samples: Form of Sub Advisory Agreement (ETFS Trust)

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