Status of the Advisor. The services of the Advisor to the Fund, or with respect to the Portfolio, are not to be deemed exclusive, and the Advisor shall be free to render similar services to others, as long as its services to the Fund or to the Portfolio are not impaired thereby. The Advisor shall be deemed to be an independent contractor and shall, unless otherwise expressly provided or authorized, have no authority to act for or represent the Fund in any way, or otherwise be deemed an agent of the Fund.
Status of the Advisor. The services of the Advisor to the Trust are not to be deemed exclusive, and the Advisor shall be free to render similar services to others so long as its services to the Trust are not impaired thereby. The Advisor shall be deemed to be an independent contractor and shall, unless otherwise expressly provided or authorized, have no authority to act for or represent the Trust in any way or otherwise be deemed an agent of the Trust. To the extent that the purchase or sale of securities or other investments of any issuer may be deemed by the Advisor to be suitable for two or more accounts managed by the Advisor, the available securities or investments may be allocated in a manner believed by the Advisor to be equitable to each account. It is recognized that in some cases this may adversely affect the price paid or received by the Trust or the size or position obtainable for or disposed by the Trust or any Fund.
Status of the Advisor. The services of the Advisor to the Fund or with respect to any of the Tax Portfolios, are not to be deemed exclusive, and the Advisor shall be free to render similar services to others as long as its services to the Fund or to any of the Tax-Managed Portfolios, are not impaired thereby. The Advisor shall be deemed to be an independent contractor and shall, unless otherwise expressly provided or authorized, have no authority to act for or represent the Fund in any way or otherwise be deemed an agent of the Fund.
Status of the Advisor. (a) Advisor's performance of its services required to be performed by it hereunder shall be performed as Advisor to the Trust in respect of the Fund. Nothing in this agreement shall be construed as creating an agency relationship between the Trust or the Fund and the Advisor with respect to any services or activities whether or not expressly provided for in this Agreement. Nothing in this Agreement shall be construed as creating a partnership, joint venture, co-venture, joint undertaking or employment arrangement by or between the Trust and Advisor.
Status of the Advisor. (a) The Advisor performs investment management services for various clients and may take action with respect to any of its other clients which may differ from action taken or from the timing or nature of action taken with respect to the Fund, so long as it is the Advisor's policy, to the extent practical, to allocate investment opportunities to the Fund over a period of time on a fair and equitable basis relative to other clients.
Status of the Advisor. It is understood and agreed that the Advisor shall be deemed to be an independent contractor of the Client and that the Advisor shall not have authority to act for or represent the Client in any way and shall not otherwise be deemed to be agent of the Client. Nothing contained herein shall create or constitute the Advisor and the Client as members of any partnership, joint venture, association, syndicate, unincorporated business, or other separate entity, nor shall be deemed to confer on any of them any express, implied, or apparent authority to incur any obligation or Liability on behalf of any other such entity.
Status of the Advisor. (a) The Advisor performs investment management services for various clients and may take action with respect to any of its other clients which may differ from action taken or from the timing or nature of action taken with respect to the Trust, so long as it is the Advisor's policy, to the extent practical, to allocate investment opportunities to the Trust over a period of time on a fair and equitable basis relative to other clients.
Status of the Advisor. The Advisor’s relationship to the Company pursuant to this Agreement is that of an independent contractor, and nothing in this Agreement will be deemed to establish any other relationship between the Advisor and the Company, such as employer-employee, principal-agent, partners or joint ventures. The Company shall have no control over the means or manner of performance by the Advisor of his obligations under this Agreement. Unless expressly authorized in writing by the Company, the Advisor shall not be entitled to any compensation or other payments other than the consideration set forth in Section 2 hereunder. Both parties acknowledge that the Advisor is not an employee of the Company for state or federal tax purposes, that the Company shall not pay or withhold taxes on behalf of the Advisor, and the Advisor shall not be entitled to receive from the Company any salary, wages or vacation pay or other benefits, coverages or privileges, including, without limitation, social security, unemployment, medical or pension payments, made available to employees of the Company. The Advisor shall be responsible for any insurance coverage related to the Advisor’s performance of the services. If, for any reason, it is determined by any federal, state or local authority that the Advisor should have been classified differently than as the parties have agreed, the Advisor shall be solely responsible for the payment of any and all taxes, penalties, damages, fines, interest and losses which may be levied against either the Advisor or the Company by any governmental entity. Advisor shall also be responsible for all taxes associated with the Grant.
Status of the Advisor. The Advisor is and shall, for all purposes herein, be deemed to be an independent contractor and shall not, except as expressly provided or authorized, have authority to act for or represent the Partnership. Likewise, the Partnership shall have no authority to act for or represent the Advisor. The Advisor is not an organizer, sponsor or promoter of the Partnership. The Advisor's present business is advising with respect to the purchase and sale of Commodity Interests. The services provided by the Advisor under this Agreement are not to be deemed exclusive. The Partnership acknowledges that, subject to the terms of this Agreement, the Advisor and its principals may render advisory, consulting and management services to others for which they may charge fees different from those charged to the Partnership. The Advisor and its principals shall be free to advise others and manage other accounts during the term of this Agreement and to use the same or different information, computer programs and trading strategies which they obtain, produce or utilize in the performance of services for the Partnership. In that connection, the Advisor represents and warrants that in rendering consulting, advisory and management services to other Commodity Interest trading accounts and entities, the Advisor will use its best efforts to achieve an equitable treatment of all accounts traded pursuant to the trading systems, methods, models, strategies and formulas used in discharging its obligations to the Partnership. Notwithstanding the foregoing, the Partnership recognizes that the results obtained by the Advisor from time to time for such other accounts may be more favorable than the results obtained for the Partnership's account.
Status of the Advisor. (a) Advisor's performance of its services required to be performed by it hereunder shall be performed as Advisor to the Trust in respect of the Fund. Nothing in this Agreement shall be construed as creating an agency relationship between the Trust or the Fund and the Advisor with respect to any services or activities whether or not expressly provided for in this Agreement. Nothing in this Agreement shall be construed as creating a partnership, joint venture, co-venture, joint undertaking or employment arrangement by or between the Trust and Advisor. (b) It is understood that Advisor performs or may perform investment advisory, investment management or consulting services for accounts and/or clients other than the Trust. The Trust acknowledges that Advisor may provide investment advice or consulting services to any of its other accounts and/or clients that may differ from advice given to the Trust, or take action with respect to any of its other clients accounts and/or that may differ from the nature of action recommended with respect to the Trust. It is understood that Advisor shall have no obligation to purchase or sell, or to recommend for purchase or sale for the Trust, any security which Advisor, its principals, affiliates, employees or agents may purchase or sell for its own or their own accounts or for the account of any other client, if, in the opinion of Advisor, such transaction or investment appears unsuitable, impractical or undesirable for the Trust or does not comply with the terms and provisions of the Fund's Prospectus and Statement of Additional Information.
