Common use of Excess Expenses Clause in Contracts

Excess Expenses. If the expenses for the Fund for any fiscal year (including fees and other amounts payable to the Advisor, but excluding interest, taxes, brokerage costs, litigation, and other extraordinary costs) as calculated every business day would exceed the expense limitations imposed on investment companies by any applicable statute or regulatory authority of any jurisdiction in which shares of the Fund are qualified for offer and sale, the Advisor shall bear such excess cost. However, the Advisor will not bear expenses of the Fund which would result in the Fund's inability to qualify as a regulated investment company under provisions of the Internal Revenue Code of 1986, as amended. Payment of expenses by the Advisor pursuant to this Section 5 shall be settled on a monthly basis (subject to fiscal year end reconciliation) by a reduction in the fee payable to the Advisor for such month pursuant to Section 4, and, if such reduction shall be insufficient to offset such expenses, by reimbursing the Trust.

Excess Expenses. If the expenses for the Fund any Portfolio for any fiscal year (including fees and other amounts payable to the AdvisorAdviser, but excluding interest, taxes, brokerage costs, litigation, and other extraordinary costs) as calculated every business day would exceed the expense limitations imposed on investment companies by any applicable statute or regulatory authority of any jurisdiction in which shares of the Fund a Portfolio are qualified for offer and sale, the Advisor Adviser shall bear such excess cost. However, the Advisor Adviser will not bear expenses of the Fund any Portfolio which would result in the FundPortfolio's inability to qualify as a regulated investment company under provisions of the Internal Revenue Code of 1986, as amended. Payment of expenses by the Advisor Adviser pursuant to this Section 5 shall be settled on a monthly basis (subject to fiscal year end reconciliation) by a reduction in the fee payable to the Advisor Adviser for such month pursuant to Section 4, 3 and, if such reduction shall be insufficient to offset such expenses, by reimbursing the Trust.

Excess Expenses. If the expenses for the Fund any Portfolio for any fiscal year (including fees and other amounts payable to the AdvisorAdviser, but excluding interest, taxes, brokerage costs, litigation, and other extraordinary costs) as calculated every business day would exceed the expense limitations imposed on investment companies by any applicable statute or regulatory authority of any jurisdiction in which shares of the Fund a Portfolio are qualified for offer and sale, the Advisor Adviser shall bear such excess cost. However, the Advisor Adviser will not bear expenses of the Fund a Portfolio which would result in the FundPortfolio's inability to qualify as a regulated investment company under provisions of the Internal Revenue Code of 1986, as amended. Payment of expenses by the Advisor Adviser pursuant to this Section 5 shall be settled on a monthly basis (subject to fiscal year end reconciliation) by a reduction in the fee payable to the Advisor Adviser for such month pursuant to Section 4, 3 and, if such reduction shall be insufficient to offset such expenses, by reimbursing the Trust.

Excess Expenses. If the expenses for the a Fund for any fiscal year (including fees and other amounts payable to the Advisor, but excluding interest, taxes, brokerage costs, litigation, and other extraordinary costs) as calculated every business day would exceed the expense limitations imposed on investment companies by any applicable statute or regulatory authority of any jurisdiction in which shares of the Fund are qualified for offer and sale, the Advisor shall bear such excess cost. However, the Advisor will not bear expenses of the Fund which would result in the Fund's inability to qualify as a regulated investment company under provisions of the Internal Revenue Code of 1986, as amended. Payment of expenses by the Advisor pursuant to this Section 5 shall be settled on a monthly basis (subject to fiscal year end reconciliation) by a reduction in the fee payable to the Advisor for such month pursuant to Section 4, and, if such reduction shall be insufficient to offset such expenses, by reimbursing the Trust.

Excess Expenses. If the expenses for the Fund Portfolio for any fiscal year (including fees and other amounts payable to the AdvisorAdviser, but excluding interest, taxes, brokerage costs, litigation, and other extraordinary costs) as calculated every business day would exceed the expense limitations imposed on investment companies by any applicable statute or regulatory authority of any jurisdiction in which shares of the Fund Portfolio are qualified for offer and sale, the Advisor Adviser shall bear such excess cost. However, the Advisor Adviser will not bear expenses of the Fund Portfolio which would result in the FundPortfolio's inability to qualify as a regulated investment company under provisions of the Internal Revenue Code of 1986, as amended. Payment of expenses by the Advisor Adviser pursuant to this Section 5 Sectiony5 shall be settled on a monthly basis (subject to fiscal year end reconciliation) by a reduction in the fee payable to the Advisor Adviser for such month pursuant to Section 4, Sectiony3 and, if such reduction shall be insufficient to offset such expenses, by reimbursing the Trust.

Excess Expenses. If the expenses for the Fund either Portfolio for any fiscal year (including fees and other amounts payable to the AdvisorAdviser, but excluding interest, taxes, brokerage costs, litigation, and other extraordinary costs) as calculated every business day would exceed the expense limitations imposed on investment companies by any applicable statute or regulatory authority of any jurisdiction in which shares of the Fund a Portfolio are qualified for offer and sale, the Advisor Adviser shall bear such excess cost. However, the Advisor Adviser will not bear expenses of the Fund a Portfolio which would result in the FundPortfolio's inability to qualify as a regulated investment company under provisions of the Internal Revenue Code of 1986, as amended. Payment of expenses by the Advisor Adviser pursuant to this Section 5 shall be settled on a monthly basis (subject to fiscal year end reconciliation) by a reduction in the fee payable to the Advisor Adviser for such month pursuant to Section 4, 3 and, if such reduction shall be insufficient to offset such expenses, by reimbursing the Trust.