Common use of NONEXCLUSIVE AGREEMENT; ALLOCATION OF TRANSACTIONS Clause in Contracts

NONEXCLUSIVE AGREEMENT; ALLOCATION OF TRANSACTIONS. (a) The investment management services provided by FIMC hereunder are not to be deemed to be exclusive, and nothing in this Agreement shall prohibit FIMC from rendering similar services to other advisers, investment companies, and other types of clients. The Adviser and the Trust acknowledge that the investment objectives of the Fund and those of other FIMC clients may be similar and that the investment performance of the respective portfolios of these clients and the Funds may differ. (b) To the extent consistent with applicable law, FIMC may aggregate purchase or sell orders for a Fund with contemporaneous purchase or sell orders of other clients of FIMC or its affiliated persons. In such event, allocation of the Securities so purchased or sold, as well as the expenses incurred in the transaction, shall be made by FIMC in the manner FIMC considers to be the most equitable and consistent with its and its affiliates' fiduciary obligations to the Fund and to such other clients. The Adviser hereby acknowledges that such aggregation of orders may not result in a more favorable price or lower brokerage commissions in all instances. (c) FIMC will place orders with or through such banks, brokers, dealers, futures commission merchants and other firms ("Brokers") in accordance with the policy regarding brokerage set forth in a Fund's registration statement or as the Board may direct from time to time. Bearing in mind a Fund's best interest at all times, FIMC shall use its best efforts to obtain the most favorable price and execution for the Fund's transactions available, considering all factors FIMC deems relevant, including by way of illustration, the size of the transaction, the nature of the market for the security and the difficulty expected to be encountered in executing the transaction, the amount of the commission, the timing of the transaction taking into account market prices and trends, the reputation, experience and financial stability of the Broker involved and the quality of service rendered by the Broker in other transactions. Subject to such policies as the Board may determine, FIMC shall not be deemed to have acted unlawfully or to have breached any duty created by this Agreement or otherwise solely by reason of having caused the Fund to pay a Broker that provides brokerage and research services to FIMC or the Adviser (or to their respective affiliated persons) an amount of commission for effecting a Fund's transaction that is greater than the amount of commission that another Broker would have charged for effecting that transaction. FIMC may enter into transactions on behalf of a Fund with Brokers that are affiliated persons of FIMC, provided such transactions are exempt from the provisions of Sections 17(a), (d) and (e) of the 1940 Act. The Trust agrees that any change in the policies referred to in this paragraph shall be subject to the proviso in SECTION 5((a)) of this Agreement. SECTION 7.

NONEXCLUSIVE AGREEMENT; ALLOCATION OF TRANSACTIONS. (a) The investment management services provided by FIMC FGIM hereunder are not to be deemed to be exclusive, and nothing in this Agreement FGIM shall prohibit FIMC from rendering be free to render similar services to other advisers, investment companies, and other types of clients. The Adviser and the Trust acknowledge that the investment objectives of the Fund and those of other FIMC clients may be similar and that the investment performance of the respective portfolios of these clients and the Funds may differ. (b) To the extent consistent with applicable law, FIMC FGIM may aggregate purchase or sell orders for a the Fund with contemporaneous purchase or sell orders of other clients of FIMC FGIM or its affiliated persons. In such event, allocation of the Securities so purchased or sold, as well as the expenses incurred in the transaction, shall will be made by FIMC FGIM in the manner FIMC FGIM considers to be the most equitable and consistent with its and its affiliates' fiduciary obligations to the Fund and to such other clients. The Adviser hereby acknowledges that such aggregation of orders may not result in a more favorable price or lower brokerage commissions in all instances. (c) FIMC FGIM will place purchase and sell orders for the Fund with or through such banks, brokers, dealers, futures commission merchants and or other firms dealing in Securities ("Brokers") in accordance with the policy regarding brokerage set forth in a Fund's registration statement or as the Board it determines, which may direct from time to time. Bearing in mind a Fund's best interest at all times, FIMC shall use its best efforts to obtain the most favorable price and execution for the Fund's transactions available, considering all factors FIMC deems relevant, including by way of illustration, the size of the transaction, the nature of the market for the security and the difficulty expected to be encountered in executing the transaction, the amount of the commission, the timing of the transaction taking into account market prices and trends, the reputation, experience and financial stability of the Broker involved and the quality of service rendered by the Broker in other transactions. Subject to such policies as the Board may determine, FIMC shall not be deemed to have acted unlawfully or to have breached any duty created by this Agreement or otherwise solely by reason of having caused the Fund to pay a Broker that provides brokerage and research services to FIMC or the Adviser (or to their respective affiliated persons) an amount of commission for effecting a Fund's transaction that is greater than the amount of commission that another Broker would have charged for effecting that transaction. FIMC may enter into transactions on behalf of a Fund with include Brokers that are affiliated persons of FIMCFGIM, provided such transactions orders are exempt from the provisions of Sections Section 17(a), (d) and (e) of the 1940 Act. The Trust agrees that any change in FGIM will use its best efforts to obtain execution of transactions for the policies referred to in this paragraph shall be subject Fund at prices which are advantageous to the proviso Fund and at commission rates that are reasonable in SECTION 5((a)) relation to the services received. FGIM may, however, select Brokers on the basis that they provide brokerage, research or other services or products to the Fund and/or other clients of this AgreementFGIM and its affiliated persons. SECTION 7In selecting Brokers, FGIM may also consider the reliability, integrity and financial condition of the Broker, and the size of and difficulty in executing the order.

NONEXCLUSIVE AGREEMENT; ALLOCATION OF TRANSACTIONS. (a) The investment management services provided by FIMC FIC hereunder are not to be deemed to be exclusive, and nothing in this Agreement shall prohibit FIMC FIC from rendering similar services to other advisers, investment companies, and other types of clients. The Adviser and the Trust Company acknowledge that the investment objectives of the Fund and those of other FIMC FIC clients may be similar and that the investment performance of the respective portfolios of these clients and the Funds may differ. (b) To the extent consistent with applicable law, FIMC FIC may aggregate purchase or sell orders for a Fund with contemporaneous purchase or sell orders of other clients of FIMC FIC or its affiliated persons. In such event, allocation of the Securities so purchased or sold, as well as the expenses incurred in the transaction, shall be made by FIMC FIC in the manner FIMC FIC considers to be the most equitable and consistent with its and its affiliates' fiduciary obligations to the Fund and to such other clients. The Adviser hereby acknowledges that such aggregation of orders may not result in a more favorable price or lower brokerage commissions in all instances. (c) FIMC FIC will place orders with or through such banks, brokers, dealers, futures commission merchants and other firms ("Brokers") in accordance with the policy regarding brokerage set forth in a Fund's registration statement or as the Board may direct from time to time. Bearing in mind a Fund's best interest at all times, FIMC FIC shall use its best efforts to obtain the most favorable price and execution for the Fund's transactions available, considering all factors FIMC FIC deems relevant, including by way of illustration, the size of the transaction, the nature of the market for the security and the difficulty expected to be encountered in executing the transaction, the amount of the commission, the timing of the transaction taking into account market prices and trends, the reputation, experience and financial stability of the Broker involved and the quality of service rendered by the Broker in other transactions. Subject to such policies as the Board may determine, FIMC FIC shall not be deemed to have acted unlawfully or to have breached any duty created by this Agreement or otherwise solely by reason of having caused the Fund to pay a Broker that provides brokerage and research services to FIMC FIC or the Adviser (or to their respective affiliated persons) an amount of commission for effecting a Fund's transaction that is greater than the amount of commission that another Broker would have charged for effecting that transaction. FIMC FIC may enter into transactions on behalf of a Fund with Brokers that are affiliated persons of FIMCFIC, provided such transactions are exempt from the provisions of Sections 17(a), (d) and (e) of the 1940 Act. The Trust Company agrees that any change in the policies referred to in this paragraph shall be subject to the proviso in SECTION 5((a)Section 5(a) of this Agreement. SECTION 7.