Performance Differences Clause Samples
The Performance Differences clause defines how variations in the quality, speed, or results of a party’s performance under a contract are addressed. Typically, this clause outlines acceptable thresholds for performance, specifies procedures for measuring or reporting deviations, and may detail remedies or adjustments if performance falls short or exceeds expectations. Its core function is to manage and allocate the risks associated with inconsistent or unexpected performance, ensuring both parties have clear expectations and recourse if standards are not met.
Performance Differences. Adviser understands, consents and agrees that performance of any Fund will not be the same as, and may differ significantly from, the performance of any mutual fund for which the Sub-Adviser or its affiliates serves as investment adviser (“Franklin ▇▇▇▇▇▇▇▇▇ Fund”), including any Franklin ▇▇▇▇▇▇▇▇▇ Fund that may have investment goals and strategies that are similar to that of the Fund, based on, but not limited to, the following factors: (i) differences in: inception dates, cash flows, asset allocation, security selection, liquidity, income distribution or income retention, fees, fair value pricing procedures, and diversification methodology; (ii) use of different foreign exchange rates and different pricing vendors; (iii) ability to access certain markets due to country registration requirements; (iv) legal restrictions or custodial issues, (v) legacy holdings in the fund; (vi) availability of applicable trading agreements such as ISDAs, futures agreements or other trading documentation, (vii) restrictions placed on the account (including country, industry or environmental and social governance restrictions); and (viii) other operational issues that impact the ability of a fund to trade in certain instruments or markets. Adviser further understands, consents and agrees that any similarity of investment goals and strategies between a Fund and any Franklin ▇▇▇▇▇▇▇▇▇ Fund is subject to, among other things, the discretion and decisions of the Board of Trustees of the respective funds.
Performance Differences. Advisor understands, consents and agrees that performance of any Fund will not be the same as, and may differ significantly from, the performance of any mutual fund for which the Subadviser or its affiliates serves as investment adviser (“Franklin ▇▇▇▇▇▇▇▇▇ Fund”), including any Franklin ▇▇▇▇▇▇▇▇▇ Fund or composite of accounts/funds that may have investment goals and strategies that are similar to that of the Fund, based on, but not limited to, the following factors: (i) differences in: inception dates, cash flows, asset allocation, security selection, liquidity, income distribution or income retention, fees, fair value pricing procedures, and diversification methodology; (ii) use of different foreign exchange rates and different pricing vendors; (iii) ability to access certain markets due to country registration requirements; (iv) legal restrictions or custodial issues, (v) legacy holdings in the fund; (vi) availability of applicable trading agreements such as ISDAs, futures agreements or other trading documentation, (vii) restrictions placed on the account (including country, industry or environmental and social governance restrictions); and (viii) other operational issues that impact the ability of a fund to trade in certain instruments or markets. Advisor further understands, consents and agrees that any similarity of investment goals and strategies between a Fund and any Franklin ▇▇▇▇▇▇▇▇▇ Fund is subject to, among other things, the discretion and decisions of the Board of Trustees of the respective funds.
Performance Differences. Adviser understands, consents and agrees that performance of the Fund will not be the same as, and may differ significantly from, the performance of any mutual fund for which the Sub-Adviser or its affiliates serves as investment adviser (“Franklin ▇▇▇▇▇▇▇▇▇ Fund”), including any Franklin ▇▇▇▇▇▇▇▇▇ Fund that may have investment goals and strategies that are similar to that of the Fund, based on, but not limited to, the following factors: (i) differences in: inception dates, cash flows, asset allocation, security selection, liquidity, income distribution or income retention, fees, fair value pricing procedures, and diversification methodology; (ii) use of different foreign exchange rates and different pricing vendors; (iii) ability to access certain markets due to country registration requirements; (iv) legal restrictions or custodial issues, (v) legacy holdings in the fund; (vi) availability of applicable trading agreements such as ISDAs, futures agreements or other trading documentation, (vii) restrictions placed on the account (including country, industry or environmental and social governance restrictions); and (viii) other operational issues that impact the ability of a fund to trade in certain instruments or markets. Adviser further understands, consents and agrees that any similarity of investment goals and strategies between the Fund and any Franklin ▇▇▇▇▇▇▇▇▇ Fund is subject to, among other things, the discretion and decisions of the Board of Trustees of the respective funds.
Performance Differences. The Adviser understands, consents and agrees that performance of the portion of any Fund allocated to the Sub-Adviser will not be the same as, and may differ significantly from, the performance of any mutual fund for which the Sub-Adviser or its affiliates serves as investment adviser (“Franklin ▇▇▇▇▇▇▇▇▇ Fund”), including any Franklin ▇▇▇▇▇▇▇▇▇ Fund that may have investment goals and strategies that are similar to that of a Fund , based on, but not limited to, the following factors: (i) differences in: inception dates, cash flows, asset allocation, security selection, liquidity, income distribution or income retention, fees, fair value pricing procedures, and diversification methodology; (ii) use of different foreign exchange rates and different pricing vendors; (iii) ability to access certain markets due to country registration requirements; (iv) legal restrictions or custodial issues, (v) legacy holdings in the fund; (vi) availability of applicable trading agreements such as ISDAs, futures agreements or other trading documentation, (vii) restrictions placed on the account (including country, industry or environmental and social governance restrictions); and (viii) other operational issues that impact the ability of a fund to trade in certain instruments or markets. Adviser further understands, consents and agrees that any similarity of investment goals and strategies between a Fund or the portion of a Fund allocated to the Sub-Adviser and any Franklin ▇▇▇▇▇▇▇▇▇ Fund is subject to, among other things, the discretion and decisions of the Board of Trustees of the respective funds.
Performance Differences. The Manager understands, consents and agrees that performance of the Fund will not be the same as, and may differ significantly from, the performance of any mutual fund for which the Subadviser or its affiliates serves as investment adviser (“Franklin ▇▇▇▇▇▇▇▇▇ Fund”), including any Franklin ▇▇▇▇▇▇▇▇▇ Fund that may have investment goals and strategies that are similar to that of the Fund, based on, but not limited to, the following factors: (i) differences in: inception dates, cash flows, asset allocation, security selection, liquidity, income distribution or income retention, fees, fair value pricing procedures, and diversification methodology; (ii) use of different foreign exchange rates and different pricing vendors; (iii) ability to access certain markets due to country registration requirements; (iv) legal restrictions or custodial issues; (v) legacy holdings in the fund; (vi) restrictions placed on the account (including country, industry or environmental and social governance restrictions); and (vii) other operational issues that impact the ability of a fund to trade in certain instruments or markets. The Manager further understands, consents and agrees that any similarity of investment goals and strategies between the Fund and any Franklin ▇▇▇▇▇▇▇▇▇ Fund is subject to, among other things, the discretion and decisions of the Board of Trustees of the respective funds.
Performance Differences. The Adviser understands, consents and agrees that performance of the portion of any Fund allocated to the Sub-Adviser will not be the same as, and may differ significantly from, the performance of any mutual fund for which the Sub-Adviser or its affiliates serves as investment adviser ("Franklin Templeton Fund"), including an▇ ▇▇▇▇▇▇▇n Templeton Fund that may have i▇▇▇▇▇▇▇▇▇ goals and strategies that are similar to that of a Fund , based on, but not limited to, the following factors: (i) differences in: inception dates, cash flows, asset allocation, security selection, liquidity, income distribution or income retention, fees, fair value pricing procedures, and diversification methodology; (ii) use of different foreign exchange rates and different pricing vendors; (iii) ability to access certain markets due to country registration requirements; (iv) legal restrictions or custodial issues, (v) legacy holdings in the fund; (vi) availability of applicable trading agreements such as ISDAs, futures agreements or other trading documentation, (vii) restrictions placed on the account (including country, industry or environmental and social governance restrictions); and (viii) other operational issues that impact the ability of a fund to trade in certain instruments or markets. Adviser further understands, consents and agrees that any similarity of investment goals and strategies between a Fund or the portion of a Fund allocated to the Sub-Adviser and any Franklin Templeton Fund is subject to, ▇▇▇▇▇ ▇▇▇er things, the discretion and decisions of the Board of Trustees of the respective funds.
Performance Differences. Adviser understands, consents and agrees that performance of the Fund will not be the same as, and may differ significantly from, the performance of any mutual fund for which the Sub-Adviser or its affiliates serves as investment adviser (“Franklin ▇▇▇▇▇▇▇▇▇ Fund”), including any Franklin ▇▇▇▇▇▇▇▇▇ Fund that may have investment goals and strategies that are similar to that of the Fund, based on, but not limited to, the following factors: (i) differences in: inception dates, cash flows, asset allocation, security selection, liquidity, income distribution or income retention, fees, fair value pricing procedures, and diversification methodology; (ii) use of different foreign exchange rates and different pricing vendors; (iii) ability to access certain markets due to country registration requirements; (iv) legal restrictions or custodial issues, (v) availability of applicable trading agreements such as ISDAs, futures agreements or other trading documentation, (vi) restrictions placed on the account (including country, industry or environmental and social governance restrictions); and (vi) other operational issues that impact the ability of a fund to trade in certain instruments or markets. Adviser further understands, consents and agrees that any similarity of investment goals and strategies between the Fund and any Franklin ▇▇▇▇▇▇▇▇▇ Fund is subject to, among other things, the discretion and decisions of the Board of Trustees (or Board of Directors) of the respective funds.