Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 3522 contracts
Samples: Wholesale Broker Dealer Supervisory and Sales Agreement (Equitable Financial Life Insurance Co of America), Dunham Funds Sub Advisory Agreement (Dunham Funds), Dunham Funds Sub Advisory Agreement (Dunham Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statutestatute or rule, rule or otherwiseshall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.
Appears in 2573 contracts
Samples: Operating Expenses Limitation Agreement (Advisor Managed Portfolios), Investment Advisory Agreement (North Square Investments Trust), Operating Expenses Limitation Agreement (Investment Managers Series Trust)
Severability. If Should any provision part of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors.
Appears in 1287 contracts
Samples: Investment Sub Advisory Agreement (Sei Institutional Managed Trust), Sub Advisory Agreement (Sei Institutional Managed Trust), Sub Advisory Agreement (Sei Institutional Managed Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule decision or otherwiseapplicable law, the remainder of this the Agreement shall not be affected therebyadversely and shall remain in full force and effect.
Appears in 968 contracts
Samples: Subadvisory Agreement (Nationwide Variable Insurance Trust), Sub Advisory Agreement (Northern Lights Fund Trust Iii), Subadvisory Agreement (Nationwide Mutual Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule rule, or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 868 contracts
Samples: Operating Expense Limitation Agreement (Ultra Series Fund), Operating Expense Limitation Agreement (Ultra Series Fund), Investment Advisory Agreement (Spinnaker ETF Series)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebythereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 744 contracts
Samples: Fund Distribution Agreement (Jackson Real Assets Fund), Investment Advisory Agreement (Denali Structured Return Strategy Fund), Investment Advisory Agreement (XD Fund Trust)
Severability. If any provision of this Agreement shall be is held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall will not be affected thereby.
Appears in 741 contracts
Samples: Participation Agreement (Separate Account a of Pacific Life Insurance Co), Participation Agreement (Separate Account a of Pacific Life Insurance Co), Participation Agreement (Separate Account a of Pacific Life Insurance Co)
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 572 contracts
Samples: Investment Advisory Agreement (KKR US Direct Lending Fund-U), Investment Advisory Agreement (Brookfield Infrastructure Income Fund Inc.), Investment Management Agreement (Morgan Stanley ETF Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statutestatute or rule, rule or otherwiseshall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby. 12.
Appears in 341 contracts
Samples: Operating Expenses Limitation and Security Agreement (Northern Lights Fund Trust IV), Agreement (Northern Lights Fund Trust Iii), And Security Agreement (Northern Lights Fund Trust IV)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statutestatute or rule, rule or otherwiseshall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby. 8.
Appears in 273 contracts
Samples: Fund Trust Operating Expenses Limitation Agreement (Northern Lights Fund Trust), Expense Limitation Agreement (Unified Series Trust), Operating Expense Limitation Agreement (Unified Series Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors.
Appears in 247 contracts
Samples: Management Agreement (American Beacon Institutional Funds Trust), Management Agreement (American Beacon Funds), Management Agreement (American Beacon Funds)
Severability. If In the event that any provision part or parts of this Agreement shall be held illegal or made invalid unenforceable by a any court decisionor administrative body of competent jurisdiction, statute, rule or otherwise, such determination shall not affect the remainder remaining provisions of this Agreement which shall not be affected therebyremain in full force and effect.
Appears in 191 contracts
Samples: Business Combination Agreement (Banyan Acquisition Corp), Business Combination Agreement (Banyan Acquisition Corp), Registration Rights Agreement (INVO Bioscience, Inc.)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this the Agreement shall not be affected thereby.
Appears in 187 contracts
Samples: Fund Participation Agreement (Protective Variable Annuity Separate Account), Fund Participation Agreement (Protective Variable Annuity Separate Account), Fund Participation Agreement (Protective NY COLI VUL)
Severability. If any provision of this Agreement shall will be held or made invalid by a court decision, statute, rule rule, or otherwise, the remainder of this Agreement shall will not be affected thereby.
Appears in 186 contracts
Samples: Sub Subadvisory Agreement (Guardian Variable Products Trust), Investment Advisory Agreement (Vanguard Scottsdale Funds), Execution Version (Harbor Funds II)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebythereby affected.
Appears in 171 contracts
Samples: Subadvisory Agreement (AMG Funds I), Subadvisory Agreement (AMG Funds I), Subadvisory Agreement (Amg Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwisesimilar authority, the remainder of this Agreement shall not be affected thereby.
Appears in 167 contracts
Samples: Distribution Agreement (American Century Mutual Funds, Inc.), Distribution Agreement (American Century Variable Portfolios Inc), Distribution Agreement (American Century Etf Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statutestatute or rule, rule or otherwiseshall otherwise be rendered invalid, the remainder of this Agreement shall not be affected thereby.
Appears in 165 contracts
Samples: Expense Limitation Agreement (Virtus Asset Trust), Expense Limitation Agreement (Virtus Asset Trust), Expense Limitation Agreement (Virtus Asset Trust)
Severability. If Should any provision part of this Agreement shall be held or made invalid by a court decision, statute, regulation, rule or otherwise, the remainder of this Agreement shall not be affected thereby. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors.
Appears in 136 contracts
Samples: Investment Sub Advisory Agreement (Bitwise Funds Trust), Investment Sub Advisory Agreement (Bitwise Funds Trust), Investment Sub Advisory Agreement (Listed Funds Trust)
Severability. If any provision of this Agreement agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement agreement shall not be affected thereby.
Appears in 121 contracts
Samples: Investment Manager Agreement (City National Rochdale Funds), Investment Manager Agreement (City National Rochdale Funds), Participation Agreement
Severability. If any provision of this Agreement shall be is held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 119 contracts
Samples: Sub Advisory Agreement (GuideStone Funds), Sub Advisory Agreement (GuideStone Funds), Sub Advisory Agreement (GuideStone Funds)
Severability. If Should any provision part of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 116 contracts
Samples: Investment Sub Advisory Agreement (Northwestern Mutual Series Fund Inc), Investment Sub Advisory Agreement (Northwestern Mutual Series Fund Inc), Investment Sub Advisory Agreement (Northwestern Mutual Series Fund Inc)
Severability. If In the event that any provision part or parts of this Agreement shall be held illegal or made invalid unenforceable by a any court decisionor administrative body of competent jurisdiction, statute, rule or otherwise, such determination shall not effect the remainder remaining provisions of this Agreement which shall not be affected therebyremain in full force and effect.
Appears in 114 contracts
Samples: Employment Agreement (Sotherly Hotels Lp), Employment Agreement (Sotherly Hotels Lp), Employment Agreement (Sotherly Hotels Lp)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statutestatue, rule or otherwise, the remainder of this Agreement shall not thereby be affected therebyaffected.
Appears in 100 contracts
Samples: Sub Sub Advisory Agreement (MassMutual Access Pine Point Fund), Sub Sub Advisory Agreement (MassMutual Access Pine Point Fund), Sub Sub Advisory Agreement (MML Series Investment Fund II)
Severability. If any provision of this Agreement shall become or shall be held or made found to be invalid by a court decision, statute, rule rule, or otherwise, the remainder of this Agreement shall not be affected therebyaffected.
Appears in 76 contracts
Samples: Sub Advisory Agreement (Touchstone Funds Group Trust), Sub Advisory Agreement (EA Series Trust), Sub Advisory Agreement (Touchstone ETF Trust)
Severability. This Agreement constitutes the entire Agreement between the parties hereto. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 58 contracts
Samples: Subadvisory Agreement (SunAmerica Specialty Series), Subadvisory Agreement (SunAmerica Specialty Series), Subadvisory Agreement (Sunamerica Income Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statutestatue, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 57 contracts
Samples: Sub Advisory Agreement (Evergreen International Trust), Sub Advisory Agreement (Evergreen Select Fixed Income Trust), Sub Advisory Agreement (Evergreen Fixed Income Trust /De/)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule rule, or otherwise, the remainder of this Agreement shall not be affected therebythereby but shall continue in full force and effect.
Appears in 55 contracts
Samples: Subadvisory Agreement (Amg Funds Iii), Subadvisory Agreement (AMG Funds I), Subadvisory Agreement (Amg Funds Iii)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebyeffected thereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 54 contracts
Samples: Investment Management Agreement (Partners Group Growth, LLC), Investment Management Agreement (Partners Group Next Generation Infrastructure LLC), Platform Management Agreement (Felicitas Private Markets Fund)
Severability. If any provision of this the Agreement shall be held or made invalid by a court decision, statute, rule or otherwiseto be invalid, the remainder of this the Agreement shall not be affected thereby.
Appears in 48 contracts
Samples: Exchange and Registration Rights Agreement (Invesco Real Estate Income Trust Inc.), Management Agreement (Colony Capital, Inc.), Management Agreement (Colony NorthStar, Inc.)
Severability. If any provision of this Agreement shall be held or made ------------ invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 47 contracts
Samples: Agreement (Metropolitan Series Fund), Investment Advisory Agreement (Met Investors Series Trust), Investment Advisory Agreement (Met Investors Series Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwiseinvalid, the remainder of this Agreement and the parties’ rights and obligations under it shall not be affected therebyby such action, and the invalid provisions of the Agreement shall be deemed to be severable only in the jurisdiction that so determines.
Appears in 43 contracts
Samples: Fund Accounting and Financial Administration Oversight Agreement (Optimum Fund Trust), Fund Accounting and Financial Administration Services Agreement (Delaware Group Tax Free Money Fund Inc /), Fund Accounting and Financial Administration Oversight Agreement (Delaware Group Government Fund)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statutestatue, rule or otherwise, the remainder of this Agreement shall not be affected therebythereby affected.
Appears in 43 contracts
Samples: Management Services Agreement (Access One Trust), Management Services Agreement (Direxion Shares ETF Trust), Management Services Agreement (Direxion Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebydeemed to be severable.
Appears in 39 contracts
Samples: Investment Management Agreement (Reserve Funds /Ny/), Investment Management Agreement (Reserve Municipal Money Market Trust), Investment Management Agreement (Reserve Funds /Ny/)
Severability. If any provision of this Agreement shall be is held or made invalid by a court decision, statute, rule decision or otherwiseapplicable law, the remainder of this the Agreement shall not be affected therebyadversely and shall remain in full force and effect.
Appears in 35 contracts
Samples: Subadvisory Agreement (Baird Funds Inc), Subadvisory Agreement (Frontier Funds, Inc.), Subadvisory Agreement (Frontier Funds, Inc.)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected therebythereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 35 contracts
Samples: Investment Advisory Agreement, Sub Advisory Agreement (TriLinc Global Impact Fund LLC), Sub Advisory Agreement (TriLinc Global Impact Fund LLC)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwiserule, or otherwise shall be rendered invalid, the remainder of this Agreement shall not be affected thereby.
Appears in 34 contracts
Samples: Expense Limitation Agreement (Advisors' Inner Circle Fund III), Expense Limitation Agreement (Advisors' Inner Circle Fund III), Expense Limitation Agreement (Advisors' Inner Circle Fund III)
Severability. If any provision of this Agreement shall be held or ------------ made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 32 contracts
Samples: Agreement (Metropolitan Series Fund), Investment Advisory and Management Agreement (First Funds), Investment Advisory and Management Agreement (First Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decisiondecision or applicable law, statute, rule or otherwise, the remainder of this the Agreement shall not be affected therebythereby and shall remain in full force and effect.
Appears in 28 contracts
Samples: Subadvisory Agreement (Morningstar Funds Trust), Subadvisory Agreement (Morningstar Funds Trust), Subadvisory Agreement (Morningstar Funds Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this the Agreement shall not be affected thereby.
Appears in 26 contracts
Samples: Administrative Shareholder Services Agreement (Edward Jones Money Market Fund), Capitol Series Trust (Capitol Series Trust), Shareholder Services Agreement (American Independence Funds Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwiseunder the applicable law of any jurisdiction, the remainder of this Agreement shall not be affected thereby.
Appears in 24 contracts
Samples: Standby Purchase Agreement (Barc Investments LLC), Standby Purchase Agreement (RumbleOn, Inc.), Standby Purchase Agreement (H-Cyte, Inc.)
Severability. If any provision of this Agreement shall is held to be held or otherwise made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall will not be affected therebythereby and, to this extent, the provisions of this Agreement will be deemed to be severable.
Appears in 24 contracts
Samples: Investment Advisory Agreement (Horizon Funds), Investment Advisory Agreement (Horizon Funds), Investment Advisory Agreement (Horizon Funds)
Severability. If any term or provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of terms and provisions of this Agreement shall remain in full force and effect and shall not be affected or impaired thereby.
Appears in 23 contracts
Samples: Distribution Agreement (VOYA INSURANCE & ANNUITY Co), Distribution Agreement (VOYA INSURANCE & ANNUITY Co), Distribution Agreement (VOYA INSURANCE & ANNUITY Co)
Severability. If Should any provision of this Agreement shall be held or made invalid by a court decision, statute, rule rule, or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 22 contracts
Samples: Subadvisory Agreement (Milliman Variable Insurance Trust), Investment Advisory Agreement (Innovator ETFs Trust), Investment Advisory Agreement (Innovator ETFs Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebyaffected, and to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 22 contracts
Samples: Sub Advisory Agreement (Aegon/Transamerica Series Trust), Sub Advisory Agreement (Transamerica Series Trust), Sub Advisory Agreement (Transamerica Idex Mutual Funds)
Severability. If any provision provisions of this Agreement shall be held or ------------ made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 21 contracts
Samples: Investment Advisory Agreement (Matthews International Funds), Investment Advisory Agreement (Brinson Funds Inc), Investment Advisory Agreement (Brinson Funds Inc)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwiserule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.
Appears in 21 contracts
Samples: Expense Limitation Agreement (Emerging Growth & Dividend Reinvestment Fund), Trading Advisory Agreement (Simplify Exchange Traded Funds), Interim Operating Expenses Limitation Agreement (Torray Fund)
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby. 10.
Appears in 21 contracts
Samples: Investment Advisory Agreement (Beacon Global Advisors Inc), Investment Advisory Agreement Agreement (Sports Funds Trust), Investment Advisory Agreement Agreement (Spirit of America Investment Fund Inc)
Severability. If any provision of this Agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebythereby affected.
Appears in 19 contracts
Samples: Investment Advisory Agreement (Ambassador Funds), Advisory Agreement (Ambassador Funds /), Advisory Agreement (Ambassador Funds /)
Severability. If In the event that any provision of this Agreement shall be held or made invalid determined by a court decisionor tribunal having proper jurisdiction to be invalid, statuteor illegal, rule or otherwiseunenforceable, the remainder of this Agreement shall not be affected therebybut shall continue in full force and effect as though such invalid, illegal or unenforceable provision were not originally part of this Agreement.
Appears in 18 contracts
Samples: Employment Agreement (Farmmi, Inc.), Employment Agreement (Farmmi, Inc.), Employment Agreement (Dogness (International) Corp)
Severability. If In the event that any provision part or parts of this Agreement shall be held illegal or made invalid unenforceable by a any court decisionor administrative body of competent jurisdiction, statute, rule or otherwise, such determination shall not affect the remainder remaining provisions of this Agreement Agreement, which shall not be affected therebyremain in full force and effect.
Appears in 18 contracts
Samples: Employment Agreement (Sunterra Corp), Registration Rights Agreement (Babyuniverse, Inc.), Registration Rights Agreement (GenuTec Business Solutions, Inc.)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwiseinvalid, the remainder of this Agreement and the parties' rights and obligations under it shall not be affected therebyby such action, and the invalid provisions of the Agreement shall be deemed to be severable only in the jurisdiction that so determines.
Appears in 16 contracts
Samples: Accounting and Financial Administration Oversight Agreement (Delaware Group Adviser Funds Inc /Md/), Services Agreement (Delaware Group Adviser Funds Inc /Md/), Administration Services Agreement (Delaware Pooled Trust Inc)
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby. 13.
Appears in 14 contracts
Samples: Investment Advisory Agreement (Morgan Stanley Institutional Fund Inc), Investment Advisory Agreement (Morgan Stanley Institutional Fund Inc), Investment Advisory Agreement (Morgan Stanley Institutional Fund Inc)
Severability. If any provision of this Agreement shall become or shall be held or made found to be invalid by a court decision, statute, rule rule, or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 14 contracts
Samples: Sub Advisory Agreement (Touchstone Strategic Trust), Sub Advisory Agreement (Touchstone Strategic Trust), Sub Advisory Agreement (Touchstone Strategic Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwiseotherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.
Appears in 13 contracts
Samples: Expense Limitation Agreement (Guardian Variable Products Trust), Expense Limitation Agreement (Guardian Variable Products Trust), Expense Limitation Agreement (Guardian Variable Products Trust)
Severability. If any provision of this Agreement shall be held or made ____________ invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 13 contracts
Samples: Investment Advisory Agreement (Met Investors Series Trust), Investment Advisory Agreement (Met Investors Series Trust), Investment Advisory Agreement (Met Investors Series Trust)
Severability. If any provision provisions of this Agreement shall be held or made invalid unenforceable by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 13 contracts
Samples: Supervision Agreement (James Alpha Funds Trust), Supervision Agreement (Saratoga Advantage Trust), Supervision Agreement (Saratoga Advantage Trust)
Severability. If any provision provisions of this Agreement shall be held or made ------------- invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 13 contracts
Samples: Investment Advisory Agreement (Brinson Funds Inc), Investment Advisory Agreement (Brinson Funds Inc), Investment Advisory Agreement (Brinson Funds Inc)
Severability. If any provision portion of this Agreement shall be held or made unenforceable or invalid by a court decision, statute, rule rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected therebythereby and shall remain in full force and effect, and, to the fullest extent, the provisions of the Agreement shall be severable.
Appears in 13 contracts
Samples: Underwriting Agreement (CareCloud, Inc.), Underwriting Agreement (MTBC, Inc.), Underwriting Agreement (MTBC, Inc.)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule rule, or otherwise, the remainder of this Agreement shall not be affected therebythereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 12 contracts
Samples: Investment Advisory Agreement (Centaur Mutual Funds Trust), Investment Advisory Agreement (Lind Capital Partners Municipal Credit Income Fund), Investment Advisory Agreement (Centaur Mutual Funds Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule rule, or otherwise, the remainder of this Agreement shall not be affected thereby. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors.
Appears in 12 contracts
Samples: Master Placement Agency Agreement (Gmo Trust), Master Placement Agency Agreement (Gmo Trust), Investment Subadvisory Agreement (Usaa Mutual Funds Trust)
Severability. If any provision of this Agreement shall ------------ be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 11 contracts
Samples: Investment Advisory Agreement (Endeavor Series Trust), Investment Advisory Agreement (Endeavor Series Trust), Investment Advisory Agreement (Endeavor Series Trust)
Severability. If any provision of this Agreement shall be held or made invalid void or unenforceable by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 11 contracts
Samples: Distribution Agreement, Distribution Agreement (Carillon Series Trust), Distribution Agreement (Eagle Capital Appreciation Fund)
Severability. If any provision of this Agreement agreement shall be held or made invalid by a court decision, statute, rule decision or otherwiseapplicable law, the remainder of this Agreement the agreement shall not be affected therebyadversely and shall remain in full force and effect.
Appears in 11 contracts
Samples: Investment Advisory and Management Agreement (Clough Global Opportunities Fund), Investment Advisory and Management Agreement (Clough Global Equity Fund), Investment Advisory and Management Agreement (Clough Global Dividend & Income Fund)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected therebythereby and, to this extent, the provisions of this Agreement shall be deemed severable.
Appears in 11 contracts
Samples: Letter Agreement (Nutra Pharma Corp), 10 Agreement (World Health Alternatives Inc), Agreement for Services (World Health Alternatives Inc)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, and rule or otherwise, the remainder of this Agreement shall not be affected therebythereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 10 contracts
Samples: Investment Advisory Agreement (Strategic Trust), Investment Advisory Agreement (Strategic Trust), Investment Advisory Agreement (ASYMmetric ETFs Trust)
Severability. If any provision of this Agreement shall be held or made invalid in whole or in part by a court decision, statute, rule rule, or otherwise, the remainder remaining provisions of this the Agreement shall not be affected thereby. Invalid provisions shall, in accordance with the intent and purpose of this Agreement, be replaced by mutual consent of the parties with such valid provisions which in their economic effect come as closely as legally possible to such invalid provisions.
Appears in 10 contracts
Samples: Shareholder Web Services Agreement (Old Mutual Advisor Funds), Shareholder Service Agreement (Domini Social Investment Trust), Sub Shareholder Services Agreement (PBHG Advisor Funds Inc)
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statutestatute or rule, rule or otherwiseshall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.
Appears in 10 contracts
Samples: Rochdale Structured Claims Fixed Income Fund (City National Rochdale Structured Claims Fixed Income Fund LLC), Expense Limitation Agreement (City National Rochdale High Yield Alternative Strategies Fund LLC), Expense Limitation Agreement (City National Rochdale High Yield Alternative Strategies Fund TEI LLC)
Severability. If In the event any provision or provisions of this ------------ Agreement shall be is or are held or made invalid by a court decision, statute, rule or otherwiseinvalid, the remainder remaining provisions of this Agreement shall not be affected thereby.
Appears in 10 contracts
Samples: Officer Employment Agreement (Callaway Golf Co /Ca), Executive Officer Employment Agreement (Callaway Golf Co /Ca), Officer Employment Agreement (Callaway Golf Co /Ca)
Severability. If Should any provision part of this Agreement shall be held or made held, invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors.
Appears in 10 contracts
Samples: Investment Sub Advisory Agreement (Sterling Capital Funds), Investment Sub Advisory Agreement (Sterling Capital Funds), Investment Subadvisory Agreement (Sterling Capital Funds)
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby, and to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 10 contracts
Samples: Sub Advisory Agreement (PNC Funds), Advisory Agreement (PNC Funds Inc), Advisory Agreement (Mercantile Funds Inc)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebyhereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 10 contracts
Samples: Management Agreement (Old Mutual Funds II), Advisory Agreement (CNL Funds), Management Agreement (Old Mutual Advisor Funds Ii)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, otherwise the remainder of this Agreement shall not be affected thereby.
Appears in 9 contracts
Samples: Underwriting Agreement (Life of Virginia Separate Account 4), Investment Management Agreement (Penn Street Fund Inc), Underwriting Agreement (Ge Life & Annuity Assurance Co Iv)
Severability. If any provision of this Agreement shall be held or made rendered invalid by a court decision, state or federal statute, administrative rule or otherwise, the remainder of this Agreement shall not be affected therebyrendered invalid.
Appears in 9 contracts
Samples: Dealer Sales Agreement (Genworth Life & Annuity Insurance Co), Dealer Sales Agreement (Genworth Life & Annuity VA Separate Account 2), General Agent Agreement (Genworth Life & Annuity VA Separate Account 3)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this the Agreement shall not be affected thereby.
Appears in 9 contracts
Samples: Administrative Services Agreement (Jefferson National Life of New York Annuity Account 1), Administrative Services Agreement (Massachusetts Mutual Variable Annuity Separate Account 4), Administrative Services Agreement (Massachusetts Mutual Variable Life Separate Account I)
Severability. If any term, provision or condition of this Agreement shall be held or made invalid is determined by a court decisionor other judicial or administrative tribunal to be illegal, statute, rule void or otherwiseotherwise ineffective or not in accordance with public policy, the remainder of this Agreement shall not be affected therebythereby and shall remain in full force and effect and shall be construed in such manner so as to preserve the validity hereof and the substance of the transactions herein contemplated to the extent possible.
Appears in 9 contracts
Samples: Transition Services Agreement (Houlihan Lokey, Inc.), Transition Services Agreement (Houlihan Lokey, Inc.), Management Services Agreement (Pathmark Stores Inc)
Severability. If any provision provisions of this Agreement shall be held or made ------------ invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 8 contracts
Samples: Investment Advisory Agreement (Brinson Funds Inc), Investment Advisory Agreement (Brinson Funds Inc), Distribution Agreement (Pacific Select Exec Separate Account of Pacific Life & Annui)
Severability. If any a provision of this Agreement agreement shall be held or made invalid by a court decision, statute, rule rule, or otherwise, otherwise the remainder of this Agreement agreement shall not be affected therebyaffected.
Appears in 8 contracts
Samples: Insurance Company Distribution Agreement (Southland Separate Account L1), Reliastar Life Ins Co of New York Var Life Sep Acct I, Reliastar Life Ins Co of New York Var Life Sep Acct I
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby. 11.
Appears in 8 contracts
Samples: Investment Advisory Agreement (Ubs Relationship Funds), Investment Advisory Agreement (Matthews International Funds), Investment Advisory Agreement (Matthews International Funds)
Severability. If any provision provisions of this Agreement Agreement. shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be he affected thereby.
Appears in 8 contracts
Samples: Investment Advisory Agreement (Uam Funds Trust), Investment Advisory Agreement (Uam Funds Trust), Investment Advisory Agreement (Uam Funds Inc)
Severability. If any provision of this Agreement shall be held or made invalid determined, by a court decisionhaving jurisdiction, statuteto be invalid, rule illegal or otherwiseunenforceable, the remainder of this Agreement shall not be affected therebybut shall continue in full force and effect as though such invalid, illegal or unenforceable provision were not originally a part of this Agreement.
Appears in 8 contracts
Samples: Agreement Concerning Exclusive Services (Corporate Executive Board Co), Agreement Concerning Exclusive Services (Corporate Executive Board Co), Agreement Concerning Exclusive Services (Corporate Executive Board Co)
Severability. If In the event that any provision part or parts of this ------------ Agreement shall be held illegal or made invalid unenforceable by a any court decisionor administrative body of competent jurisdiction, statute, rule or otherwise, such determination shall not effect the remainder remaining provisions of this Agreement which shall not be affected therebyremain in full force and effect.
Appears in 8 contracts
Samples: Registration Rights Agreement (Four Media Co), Stockholders Agreement (Knoll Inc), Employment Agreement (Envirogen Inc)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby and shall be interpreted to give maximum effect to the intent of the parties manifested thereby.
Appears in 8 contracts
Samples: Investment Sub Advisory Agreement (FS Multi-Alternative Income Fund), Sub Advisory Agreement (FS Series Trust), Investment Sub Advisory Agreement (FS Multi-Alternative Income Fund)
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby. 12.
Appears in 7 contracts
Samples: Investment Advisory Agreement (Ubs Funds), Investment Advisory Agreement (Ubs Funds), Investment Advisory Agreement (Ubs Funds)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statutestatue, rule rule, or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 7 contracts
Samples: Sub Advisory Agreement (Victory Portfolios), Sub Advisory Agreement (Timothy Plan), Sub Advisory Agreement (Victory Portfolios)
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby, provided that the basic agreement is not thereby impaired and the Agreement continues to conform with applicable law.
Appears in 7 contracts
Samples: Investment Advisory Agreement (MCM Funds), Investment Advisory Agreement (MCM Funds), Investment Advisory Agreement (MCM Funds)
Severability. If any provision provisions of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebythereby affected.
Appears in 6 contracts
Samples: Davis International Series Inc, Davis International Series Inc, Davis International Series Inc
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 6 contracts
Samples: Investment Subadvisory Agreement (Green Century Funds), Investment Subadvisory Agreement (Green Century Funds), Investment Subadvisory Agreement (Green Century Funds)
Severability. If any provision of this Agreement shall be held or made found to be ------------ invalid by a court decision, statute, rule or otherwise, the remainder reminder of this Agreement shall not be affected thereby.
Appears in 6 contracts
Samples: Sponsorship Agreement (Security Capital U S Real Estate Shares Inc), Sponsorship Agreement (Security Capital U S Real Estate Shares Inc), Sponsorship Agreement (Security Capital U S Real Estate Shares Inc)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, a statute, rule a rule, or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 6 contracts
Samples: Keyport Variable Investment Trust Management Agreement (Liberty Variable Investment Trust), Fund Advisory Agreement (Steinroe Variable Investment Trust), Fund Advisory Agreement (Steinroe Variable Investment Trust)
Severability. If any provision of this Agreement shall be held or made invalid unenforceable by a court decision, statute, rule rule, regulation or otherwise, the remainder remaining provisions of this Agreement shall not be affected thereby. 14.
Appears in 6 contracts
Samples: Agreement (Strong Total Return Fund Inc), Agreement (Strong Short Term Bond Fund Inc), Agreement (Strong Income Funds Inc)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this the Agreement shall not be affected therebyaffected.
Appears in 6 contracts
Samples: Agent Agreement (Greater China Fund Inc), Credit Suisse High Yield Bond Fund, China Fund Inc
Severability. If any term or provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwiserule, or otherwise shall be rendered invalid, then the remainder of this Agreement shall not be affected thereby.
Appears in 6 contracts
Samples: Expense Limitation Agreement (Thirdline Real Estate Income Fund), Expense Limitation Agreement (Fundrise Growth Tech Fund, LLC), Expense Limitation Agreement (Thirdline Real Estate Income Fund)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statutestatute or rule, rule or otherwiseshall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby. For the avoidance of doubt, to the extent compliance with the terms of this Agreement would violate any provision of the 1940 Act, such terms will be rendered invalid and the remainder of this Agreement shall be not be affected thereby.
Appears in 6 contracts
Samples: Administration Agreement (MSD Investment Corp.), Investment Advisory Agreement (MSD Investment Corp.), Administration Agreement (AFC BDC Inc.)
Severability. If In the event that any provision part or parts of this ------------ Agreement shall be held illegal or made invalid unenforceable by a any court decisionor administrative body of competent jurisdiction, statute, rule or otherwise, such determination shall not affect the remainder remaining provisions of this Agreement which shall not be affected therebyremain in full force and effect.
Appears in 6 contracts
Samples: Shareholders' Agreement (Coolsavings Com Inc), Registration Rights Agreement (Coolsavings Com Inc), Securities Purchase Agreement (Scottish Annuity & Life Holdings LTD)
Severability. If any provision of this Agreement shall be are held or made invalid by a court decision, statute, rule rule, regulation , decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected therebyand, to this extent, the provisions of this Agreement shall be deemed to be severable.
Appears in 6 contracts
Samples: Order Processing Agreement (One Group), Order Processing Agreement (One Group), Order Processing Agreement (One Group)
Severability. If any provision of this Agreement shall be held or made invalid by a court decisiondecision in a judicial or administrative proceeding, statute, rule or otherwise, the enforceability of the remainder of this Agreement shall will not be affected impaired thereby.
Appears in 6 contracts
Samples: Sub Distribution and Servicing Agreement (Bishop Street Funds), Sub Distribution and Servicing Agreement (TD Asset Management USA Funds Inc.), Sub Distribution and Servicing Agreement (Winton Diversified Opportunities Fund)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected therebythereby affected. 8.
Appears in 5 contracts
Samples: Investment Advisory Agreement (Van Kampen American Capital Prime Rate Income Trust), Investment Advisory Agreement (Van Kampen American Capital Prime Rate Income Trust), Investment Advisory Agreement (Explorer Institutional Trust)
Severability. If any provision of this Agreement shall become or shall be held or made invalid by found to be invalidby a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Appears in 5 contracts
Samples: Sponsor Agreement (Touchstone Investment Trust), Sponsor Agreement (Touchstone Investment Trust), Sponsor Agreement (Touchstone Investment Trust)
Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby. 12.
Appears in 5 contracts
Samples: Subadvisory Agreement (Sunamerica Series Trust), Agreement (Met Investors Series Trust), Investment Subadvisory Agreement Agreement (Metropolitan Series Fund)
Severability. If any provision of this the Agreement shall be held or made invalid by a court decision, statute, rule rule, or otherwise, the remainder of this the Agreement shall not be affected therebythereby and shall remain in full force and effect as if the invalidated provision had not been included herein.
Appears in 5 contracts
Samples: Consulting Agreement (Parkview Group Inc), Consulting Agreement (Parkview Group Inc), Consulting Agreement (Parkview Group Inc)
