Common use of Index Clause in Contracts

Index. 1. APPOINTMENT AND DELIVERY OF DOCUMENTS 1 2. DUTIES OF GFS 2 3. FEES AND EXPENSES 3 4. STANDARD OF CARE, INDEMNIFICATION AND RELIANCE 4 5. LIMITATION OF SHAREHOLDER AND TRUSTEE LIABILITY 6 6. EXPENSES ASSUMED BY THE TRUST 6 7. REPRESENTATIONS AND WARRANTIES 7 8. CONFIDENTIALITY 7 9. PROPRIETARY INFORMATION 8 10. ADDITIONAL FUNDS AND CLASSES 9 11. ASSIGNMENT AND SUBCONTRACTING 9 12. EFFECTIVE DATE, TERM AND TERMINATION 9 13. LIAISON WITH ACCOUNTANTS/ATTORNEYS 10 14. MISCELLANEOUS 10 FORETHOUGHT VARIABLE INSURANCE TRUST FUND SERVICES AGREEMENT THIS FUND SERVICES AGREEMENT (this “Agreement”) effective as of the 10th day of September, 2013, by and between FORETHOUGHT VARIABLE INSURANCE TRUST, a Delaware statutory trust having its principal office and place of business at 300 Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxxxxxxx, Xxxxxxx 00000 (the "Trust") and GEMINI FUND SERVICES, LLC, a Nebraska limited liability company having its principal office and place of business at 10000 Xxxxxx Xxxxxx, Suite 2, Omaha, Nebraska 68130 (“GFS”). This Agreement replaces and supersedes all prior understandings and agreements between the parties hereto for the services described below.

Index. 1. APPOINTMENT AND DELIVERY OF DOCUMENTS 1 2. DUTIES OF GFS 2 3. FEES AND EXPENSES 3 4. STANDARD OF CARE, INDEMNIFICATION AND RELIANCE 4 5. LIMITATION OF SHAREHOLDER AND TRUSTEE LIABILITY 6 6. EXPENSES ASSUMED BY THE TRUST 6 7 7. REPRESENTATIONS AND WARRANTIES 7 8. CONFIDENTIALITY 7 8 9. PROPRIETARY INFORMATION 8 9 10. ADDITIONAL FUNDS AND CLASSES 9 11. ASSIGNMENT AND SUBCONTRACTING 9 12. EFFECTIVE DATE, TERM AND TERMINATION 9 13TXXXXXXXXXX 00 00. LIAISON WITH ACCOUNTANTS/ATTORNEYS 10 11 14. MISCELLANEOUS 10 FORETHOUGHT VARIABLE INSURANCE TRUST 11 APPENDIX I 14 APPENDIX II 17 THE NORTH COUNTRY FUNDS FUND SERVICES AGREEMENT THIS FUND SERVICES AGREEMENT (this the “Agreement”) effective as of the 10th 1st day of SeptemberFebruary, 2013, 2010 by and between FORETHOUGHT VARIABLE INSURANCE TRUSTTHE NORTH COUNTRY FUNDS, a Delaware statutory Massachusetts business trust having its principal office and place of business at 300 Xxxxx 400 Xxxxxxxx XxxxxxXxxxxxxxx, Xxxxx 0000Xxxxxxxxx, Xxxxxxxxxxxx, Xxxxxxx Xxx Xxxx 00000 (the "Trust") and GEMINI FUND SERVICES, LLC, a Nebraska limited liability company having its principal office and place of business at 10000 Xxxxxx 4000 Xxxxx 000xx Xxxxxx, Suite 2Xxxxx, Omaha, Nebraska 68130 Xxxxxxxx 00000 (“GFS”). This Agreement replaces and supersedes all prior understandings and agreements between the parties hereto for the services described below.

Index. 1. APPOINTMENT AND DELIVERY OF DOCUMENTS 1 2. DUTIES OF GFS 2 3. FEES AND EXPENSES 3 2 4. STANDARD OF CARE, INDEMNIFICATION AND RELIANCE 4 5. LIMITATION OF SHAREHOLDER AND TRUSTEE LIABILITY 6 6. EXPENSES ASSUMED BY THE TRUST FUND 6 7. REPRESENTATIONS AND WARRANTIES 7 8. CONFIDENTIALITY 7 9. PROPRIETARY INFORMATION 8 10. ADDITIONAL FUNDS AND CLASSES 9 11. ASSIGNMENT AND SUBCONTRACTING 9 12. EFFECTIVE DATE, TERM AND TERMINATION 9 13. LIAISON WITH ACCOUNTANTS/ATTORNEYS 10 14. MISCELLANEOUS 10 FORETHOUGHT VARIABLE INSURANCE TRUST APPENDIX I 13 APPENDIX II 15 BXXXX VALUE FUND, INC. FUND SERVICES AGREEMENT THIS FUND SERVICES AGREEMENT (this the “Agreement”) effective as of the 10th 11th day of SeptemberMAY, 20132010, by and between FORETHOUGHT VARIABLE INSURANCE TRUSTBXXXX VALUE FUND, a Delaware statutory trust INC., incorporated in the State of Maryland, having its principal office and place of business at 300 4000 Xxxxx Xxxxxxxx 000xx Xxxxxx, Xxxxx 00000, XxxxxxxxxxxxXxxxx, Xxxxxxx Xxxxxxxx 00000 (the "TrustFund") and GEMINI FUND SERVICES, LLC, a Nebraska limited liability company having its principal office and place of business at 10000 Xxxxxx 4000 Xxxxx 000xx Xxxxxx, Suite 2Xxxxx, Omaha, Nebraska 68130 Xxxxxxxx 00000 (“GFS”). This Agreement replaces and supersedes all prior understandings and agreements between the parties hereto for the services described below.

Index. 1. APPOINTMENT AND DELIVERY OF DOCUMENTS 1 2. DUTIES OF GFS 2 3. FEES AND EXPENSES 3 2 4. STANDARD OF CARE, INDEMNIFICATION AND RELIANCE 4 3 5. LIMITATION OF SHAREHOLDER MEMBER AND TRUSTEE DIRECTOR LIABILITY 6 6. EXPENSES ASSUMED BY THE TRUST FUND 6 7. REPRESENTATIONS AND WARRANTIES 7 6 8. CONFIDENTIALITY 7 9. PROPRIETARY INFORMATION 8 10. ADDITIONAL FUNDS AND CLASSES 9 11. ASSIGNMENT AND SUBCONTRACTING 9 128 11. EFFECTIVE DATE, TERM AND TERMINATION 9 1312. LIAISON WITH ACCOUNTANTS/ATTORNEYS 10 149 13. MISCELLANEOUS 10 FORETHOUGHT VARIABLE INSURANCE TRUST APPENDIX I 1 APPENDIX IV 1 CPG XX Xxxxxx Alternative Strategies Fund, LLC FUND SERVICES AGREEMENT THIS FUND SERVICES AGREEMENT (this the “Agreement”) effective made as of the 10th __th day of September_________, 20132011, by and between FORETHOUGHT VARIABLE INSURANCE TRUSTCPG XX XXXXXX ALTERNATIVE STRATEGIES FUND, LLC, a Delaware statutory trust limited liability company having its principal office and place of business at 300 000 Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 000000xx Xxxxx, XxxxxxxxxxxxXxx Xxxx, Xxxxxxx Xxx Xxxx 00000 (the "Trust"“Fund”) and GEMINI FUND SERVICES, LLC, a Nebraska limited liability company Fund having its principal office and place of business at 10000 Xxxxxx 0000 Xxxxx 000xx Xxxxxx, Suite 2Xxxxx, Omaha, Nebraska 68130 Xxxxxxxx 00000 (“GFS”). This Agreement replaces and supersedes all prior understandings and agreements between the parties hereto for the services described below.

Index. 1. APPOINTMENT AND DELIVERY OF DOCUMENTS 1 2. DUTIES OF GFS 2 3. FEES AND EXPENSES 3 2 4. STANDARD OF CARE, INDEMNIFICATION AND RELIANCE 4 5. LIMITATION OF SHAREHOLDER AND TRUSTEE LIABILITY 6 6. EXPENSES ASSUMED BY THE TRUST FUND 6 7. REPRESENTATIONS AND WARRANTIES 7 8. CONFIDENTIALITY 7 8 9. PROPRIETARY INFORMATION 8 10. ADDITIONAL FUNDS AND CLASSES 9 11. ASSIGNMENT AND SUBCONTRACTING 9 12. EFFECTIVE DATE, TERM AND TERMINATION 9 13. LIAISON WITH ACCOUNTANTS/ATTORNEYS 10 14. MISCELLANEOUS 10 FORETHOUGHT VARIABLE INSURANCE APPENDIX I APPENDIX II APPENDIX III APPENDIX IV FOREFRONT INCOME TRUST FUND SERVICES AGREEMENT THIS FUND SERVICES AGREEMENT (this “Agreement”) effective made as of the 10th 26th day of September, 20132014, by and between FORETHOUGHT VARIABLE INSURANCE FOREFRONT INCOME TRUST, a Delaware statutory trust having its principal office and place of business at 300 Xxxxx Xxxxxxxx 500 Xxxxxxx Xxxxxx, Xxxxx 000000xx Xxxxx, XxxxxxxxxxxxXxx Xxxx, Xxxxxxx Xxx Xxxx 00000 (the "TrustFund") and GEMINI FUND SERVICES, LLC, a Nebraska limited liability company having its principal office and place of business at 10000 Xxxxxx Xxxxxx, Suite 2, Omaha, Nebraska 68130 (“GFS”). This Agreement replaces and supersedes all prior understandings and agreements between the parties hereto for the services described below.

Index. 1. APPOINTMENT AND DELIVERY OF DOCUMENTS 1 Appointment of NLD and Delivery of Documents 3 2. NATURE OF DUTIES OF GFS 2 4 3. FEES AND EXPENSES 3 OFFERING OF SHARES 4 4. STANDARD LICENSED REPRESENTATIVES OF CARE, INDEMNIFICATION AND RELIANCE 4 THE FUNDS. 5 5. LIMITATION REPURCHASE OR REDEMPTION OF SHAREHOLDER AND TRUSTEE LIABILITY 6 6. EXPENSES ASSUMED SHARES BY THE TRUST 6 6. DUTIES AND REPRESENTATIONS OF NLD 7 7. DUTIES AND REPRESENTATIONS AND WARRANTIES 7 OF THE TRUST 9 8. CONFIDENTIALITY 7 INDEMNIFICATION OF NLD BY THE TRUST 12 9. PROPRIETARY INFORMATION 8 INDEMNIFICATION OF THE TRUST BY NLD 14 10. ADDITIONAL FUNDS AND CLASSES 9 NOTIFICATION BY THE TRUST 15 11. ASSIGNMENT COMPENSATION AND SUBCONTRACTING 9 EXPENSES 16 12. EFFECTIVE DATE, TERM SELECTED DEALER AND TERMINATION 9 SELECTED AGENT AGREEMENTS 17 13. LIAISON WITH ACCOUNTANTS/ATTORNEYS 10 CONFIDENTIALITY 17 14. EFFECTIVENESS AND DURATION 18 15. DISASTER RECOVERY 18 16. DEFINITIONS 19 17. MISCELLANEOUS 10 FORETHOUGHT VARIABLE INSURANCE TRUST FUND SERVICES 20 ATTACHED SCHEDULES SCHEDULE A SCHEDULE B UNDERWRITING AGREEMENT THIS FUND SERVICES UNDERWRITING AGREEMENT (this “Agreement”) effective as of the 10th 30th day of SeptemberApril, 20132015, by and between FORETHOUGHT VARIABLE INSURANCE TRUSTNORTHERN LIGHTS FUND TRUST III, a Delaware statutory trust trust, having its principal office and place of business at 300 Xxxxx Xxxxxxxx 10000 Xxxxxx Xxxxxx, Xxxxx 0000Omaha, Xxxxxxxxxxxx, Xxxxxxx 00000 Nebraska 68130 (the "“Trust") ”), and GEMINI FUND SERVICESNORTHERN LIGHTS DISTRIBUTORS, LLC, a Nebraska limited liability company having its principal office and place of business at 10000 Xxxxxx Xxxxxx, Suite 2, Omaha, Nebraska 68130 (“GFSNLD”). This Agreement replaces and supersedes all prior understandings and agreements between the parties hereto for the services described below.

Index. 1. APPOINTMENT AND DELIVERY OF DOCUMENTS 1 2. DUTIES OF GFS UFS 2 3. FEES AND EXPENSES 3 4. STANDARD OF CARE, INDEMNIFICATION AND RELIANCE 4 5. LIMITATION OF SHAREHOLDER AND TRUSTEE LIABILITY 6 6. EXPENSES ASSUMED BY THE TRUST 6 7. REPRESENTATIONS AND WARRANTIES 7 8. CONFIDENTIALITY 7 8 9. PROPRIETARY INFORMATION 8 10. ADDITIONAL FUNDS AND CLASSES 9 11. ASSIGNMENT AND SUBCONTRACTING 9 12. EFFECTIVE DATE, TERM AND TERMINATION 9 13. LIAISON WITH ACCOUNTANTS/ATTORNEYS 10 14. MISCELLANEOUS 10 FORETHOUGHT VARIABLE INSURANCE APPENDIX I 14 APPENDIX II 16 APPENDIX III 18 APPENDIX IV 23 MXXXXX INVESTMENT TRUST FUND SERVICES AGREEMENT THIS FUND SERVICES AGREEMENT (this the “Agreement”) effective as of the 10th 20th day of September, 2013October 2021, by and between FORETHOUGHT VARIABLE INSURANCE TRUST, MXXXXX INVESTMENT TRUST a Delaware statutory trust having its principal office and place of business at 300 Xxxxx Xxxxxxxx 20 Xxxxxxx Xxxxxx, Xxxxx 0000Wellesley, Xxxxxxxxxxxx, Xxxxxxx 00000 MA 02481 (the "Trust") and GEMINI ULTIMUS FUND SERVICESSOLUTIONS, LLC, a Nebraska an Ohio limited liability company having its principal office and place of business at 10000 Xxxxxx Xxxxxx200 Xxxxxxxx Xxxxx, Suite 2Xxxxx 000, OmahaXxxxxxxxxx, Nebraska 68130 Xxxx 00000 (“GFSUFS”). This Agreement replaces and supersedes all prior understandings and agreements between the parties hereto for the services described below.