Common use of Right to Advise Others and Uniformity of Acts and Practices Clause in Contracts

Right to Advise Others and Uniformity of Acts and Practices. (a) The Trading Advisor is engaged in the business of advising investors as to the purchase and sale of futures interests. During the term of this Agreement, the Trading Advisor, its principals and affiliates, will be advising other investors (including affiliates and the stockholders, officers, directors, and employees of the Trading Advisor and its affiliates and their families) (together, the "Trading Advisor Parties") and trading for their own accounts. The Trading Advisor, its principals and affiliates and the Trading Advisor Parties shall not be liable to account to the Partnership for any profit, commission or remuneration made or received from or by reason of such transactions or any connected transactions and the Trading Advisor's fees shall not be abated thereby. The Trading Advisor will use its reasonable best efforts to implement a fair and consistent allocation policy which seeks to ensure that all clients are treated equitably and positions allocated as nearly as possible in proportion to the assets available for trading of the accounts managed or controlled by the Trading Advisor. Except as otherwise set forth herein, the Trading Advisor and its principals and affiliates agree to treat the Partnership in a fiduciary capacity to the extent recognized by applicable law, but, subject to that standard, the Trading Advisor or any of its principals or affiliates shall be free to advise and manage accounts for other investors and shall be free to trade on the basis of the same Trading Program employed by the Trading Advisor for the account of the Partnership, or trading programs, systems, methods, or strategies that are entirely independent of, or materially different from, those employed for the account of the Partnership, and shall be free to compete for the same futures interests as the Partnership or to take positions opposite to the Partnership, where such actions do not knowingly or deliberately prefer any of such accounts over the account of the Partnership.

Appears in 2 contracts

Samples: Management Agreement (Morgan Stanley Charter Aspect L.P.), Management Agreement (Morgan Stanley Spectrum Technical Lp)

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Right to Advise Others and Uniformity of Acts and Practices. (a) The Trading Advisor Manager is engaged in the business of advising investors as to the purchase and sale of futures interests. During the term of this Agreement, the Trading AdvisorManager, its principals and affiliates, will be advising other investors (including affiliates and the stockholders, officers, directors, and employees of the Trading Advisor Manager and its affiliates and their families) (together, the "Trading Advisor Parties") and trading for their own accounts. The Trading AdvisorHowever, its principals and affiliates and under no circumstances shall the Trading Advisor Parties Manager by any act or omission knowingly or deliberately favor any account advised or managed by the Trading Manager over the account of the Partnership in any way or manner. For purposes of this Agreement, the Trading Manager shall not be liable deemed to be favoring another account to over the Partnership for any profit, commission or remuneration made or received from or by reason of such transactions or any connected transactions and Partnership's account if the Trading AdvisorManager trades such account at a different degree of leverage, pursuant to a different trading strategy or in accordance with different fee structures, trading policies, or portfolios, or if in accordance with the Trading Manager's fees shall money management principles, the Trading Manager does not be abated therebytrade certain commodity interest contracts for an account based on the amount of equity in such account. The Trading Advisor will use its reasonable best efforts to implement a fair and consistent allocation policy which seeks to ensure that all clients are treated equitably and positions allocated as nearly as possible in proportion to the assets available for trading of the accounts managed or controlled by the Trading Advisor. Except as otherwise set forth herein, the Trading Advisor and its principals and affiliates agree Manager agrees to treat the Partnership in a fiduciary capacity to the extent recognized by applicable law, but, subject to that standard, the Trading Advisor Manager or any of its principals or affiliates shall be free to advise and manage accounts for other investors and shall be free to trade on the basis of the same Trading Program trading systems, methods, or strategies employed by the Trading Advisor Manager for the account of the Partnership, or trading programs, systems, methods, or strategies that which are entirely independent of, or materially different from, those employed for the account of the Partnership, and shall be free to compete for the same futures interests as the Partnership or to take positions opposite to the Partnership, where such actions do not knowingly or deliberately prefer any of such accounts over the account of the Partnership.

Appears in 1 contract

Samples: Management Agreement (Witter Dean Spectrum Strategic Lp)

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Right to Advise Others and Uniformity of Acts and Practices. (a) The Trading Advisor is engaged in the business of advising investors as to the purchase and sale of futures interests. During the term of this Agreement, the Trading Advisor, its principals and affiliates, will be advising other investors (including affiliates and the stockholders, officers, directors, and employees of the Trading Advisor and its affiliates and their families) (together, the "Trading Advisor Parties") and trading for their own accounts. The Trading Advisor, its principals and affiliates and the Trading Advisor Parties shall not be liable to account to the Partnership for any profit, commission or remuneration made or received from or by reason of such transactions or any connected transactions and the Trading Advisor's ’s fees shall not be abated thereby. The Trading Advisor will use its reasonable best efforts to implement a fair and consistent allocation policy which seeks to ensure that all clients are treated equitably and positions allocated as nearly as possible in proportion to the assets available for trading of the accounts managed or controlled by the Trading Advisor. Except as otherwise set forth herein, the Trading Advisor and its principals and affiliates agree to treat the Partnership in a fiduciary capacity to the extent recognized by applicable law, but, subject to that standard, the Trading Advisor or any of its principals or affiliates shall be free to advise and manage accounts for other investors and shall be free to trade on the basis of the same Trading Program employed by the Trading Advisor for the account of the Partnership, or trading programs, systems, methods, or strategies that are entirely independent of, or materially different from, those employed for the account of the Partnership, and shall be free to compete for the same futures -13- interests as the Partnership or to take positions opposite to the Partnership, where such actions do not knowingly or deliberately prefer any of such accounts over the account of the Partnership.

Appears in 1 contract

Samples: Management Agreement (Morgan Stanley Charter Aspect L.P.)

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