Common use of Term; Termination; Amendment Clause in Contracts

Term; Termination; Amendment. This Agreement shall become effective with respect to the Existing Portfolios on the date hereof and shall remain in full force until April 30, 1997, unless sooner terminated as hereinafter provided. This Agreement shall continue in force from year to year thereafter with respect to the Existing Portfolios and each other Portfolio to which the Agreement shall have become applicable, but only so long as such continuance is specifically approved for each Portfolio at least annually in the manner required by the Investment Company Act of 1940 and the rules and regulations thereunder; provided, however, that if the continuation of this Agreement is not approved for a Portfolio, the Manager may continue to serve in such capacity for such Portfolio in the manner and to the extent permitted by the Investment Company Act of 1940 and the rules and regulations thereunder. This Agreement shall automatically terminate in the event of its assignment and may be terminated at any time without the payment of any penalty by the Fund or by the Manager on sixty (60) days written notice to the other party. The Fund may effect termination with respect to any Portfolio by action of the Board of Directors or by vote of a majority of the outstanding voting securities of such Portfolio. This Agreement may also be terminated with respect to any Portfolio at any time, without the payment of any penalty, by the Board of Directors or by vote of a majority of the outstanding voting securities of such Portfolio, in the event that it shall have been established by a court of competent jurisdiction that the Manager or any officer or principal of the Manager has taken any action which results in a breach of the covenants of the Manager set forth herein.

Term; Termination; Amendment. This Agreement shall become effective with respect to the Existing Portfolios Initial Portfolio on the date hereof and shall remain in full force until April 30, 1997, for two years from the effective date unless sooner terminated as hereinafter provided. This Agreement shall continue in force from year to year thereafter with respect to the Existing Portfolios Initial Portfolio and each other Portfolio to which the Agreement shall have become applicable, but only so long as such continuance is specifically approved for each Portfolio at least annually in the manner required by the Investment Company Act of 1940 and the rules and regulations thereunder; provided, however, that if the continuation of this Agreement is not approved for a Portfolio, the Manager Advisor may continue to serve in such capacity for such Portfolio in the manner and to the extent permitted by the Investment Company Act of 1940 and the rules and regulations thereunder. This Agreement shall automatically terminate in the event of its assignment and may be terminated at any time without the payment of any penalty by the Fund Trust or by the Manager Advisor on sixty (60) days written notice to the other party. The Fund Trust may effect termination with respect to any Portfolio by action of the Board of Directors Trustees or by vote of a majority of the outstanding voting securities of such Portfolio. This Agreement may also be terminated with respect to any Portfolio at any time, without the payment of any penalty, penalty by the Board of Directors or by vote of a majority of the outstanding voting securities of such PortfolioTrust, in the event that it shall have been established by a court of competent jurisdiction that the Manager Advisor or any officer or principal member of the Manager Advisor has taken any action which results in a breach of the covenants of the Manager Advisor set forth herein.

Term; Termination; Amendment. This Agreement shall become effective with respect to the Existing Portfolios Initial Portfolio on the date hereof and shall remain in full force until April 30, 1997, for two years from the effective date unless sooner terminated as hereinafter provided. This Agreement shall continue in force from year to year thereafter with respect to the Existing Portfolios Initial Portfolio and each other Portfolio to which the Agreement shall have become applicable, but only so long as such continuance is specifically approved for each Portfolio at least annually in the manner required by the Investment Company Act of 1940 and the rules and regulations thereunder; provided, however, that if the continuation of this Agreement is not approved for a Portfolio, the Manager Administrator may continue to serve in such capacity for such Portfolio in the manner and to the extent permitted by the Investment Company Act of 1940 and the rules and regulations thereunder. This Agreement shall automatically terminate in the event of its assignment and may be terminated at any time without the payment of any penalty by the Fund Trust or by the Manager Administrator on sixty (60) days written notice to the other party. The Fund Trust may effect termination with respect to any Portfolio by action of the Board of Directors Trustees or by vote of a majority of the outstanding voting securities of such Portfolio. This Agreement may also be terminated with respect to any Portfolio at any time, without the payment of any penalty, penalty by the Board of Directors or by vote of a majority of the outstanding voting securities of such Portfolio, Trust in the event that it shall have been established by a court of competent jurisdiction that the Manager Administrator or any officer or principal member of the Manager Administrator has taken any action which results in a breach of the covenants of the Manager Administrator set forth herein.

Term; Termination; Amendment. This Agreement shall become effective with respect to the Existing Portfolios Fund on January 8, 2008 (the date hereof "Effective Date") provided that it has been approved in the manner required by the 1940 Act, and shall remain in full force until April June 30, 1997, 2009 unless sooner terminated as hereinafter provided. This Agreement Agreement, however, shall continue in force from year to year thereafter with respect to the Existing Portfolios and each other Portfolio to which the Agreement shall have become applicablethereafter, but only so as long as such continuance is specifically approved for each Portfolio the Fund at least annually in the manner required by the Investment Company 1940 Act of 1940 and the rules and regulations thereunder; provided, however, that if the continuation of this Agreement is not approved for a Portfoliothe Fund, the Manager Sub-Adviser may continue to serve in such capacity for such Portfolio the Fund in the manner and to the extent permitted by the Investment Company 1940 Act of 1940 and the rules and regulations thereunder. This Agreement shall automatically terminate in the event of its assignment and may be terminated at any time without the payment of any penalty by the Fund Manager or by the Manager on Sub-Adviser upon sixty (60) days days' written notice to the other partyparties. The This Agreement may also be terminated by the Fund may effect termination with respect to any Portfolio by action of the Board of Directors Trustees of the Fund or by a vote of a majority of the outstanding voting securities of the Fund upon sixty (60) days' written notice to the Sub-Adviser by the Fund without payment of any penalty. This Agreement may be terminated at any time without the payment of any penalty by the Manager, the Board of Trustees of the Fund or by vote of a majority of the outstanding voting securities of such Portfolio. This Agreement may also be terminated with respect to any Portfolio at any time, without the payment of any penalty, by the Board of Directors or by vote of a majority of the outstanding voting securities of such Portfolio, Fund in the event that it shall have been established by a court of competent jurisdiction that the Manager Sub- Adviser or any officer or principal director of the Manager Sub-Adviser has taken any action which that results in a breach of the material covenants of the Manager Sub-Adviser set forth herein.

Term; Termination; Amendment. This Agreement shall become effective ---------------------------- with respect to the Existing Portfolios on the date hereof and shall remain in full force until April 30______________, 1997_______, unless sooner terminated as hereinafter provided. This Agreement shall continue in force from year to year thereafter with respect to the Existing Portfolios and each other Portfolio to which the Agreement shall have become applicable, but only so long as such continuance is specifically approved for each Portfolio at least annually in the manner required by the Investment Company 1940 Act of 1940 and the rules and regulations thereunder; provided, however, that if the continuation of this Agreement is not approved for a Portfolio, the Manager Adviser may continue to serve in such capacity for such Portfolio in the manner and to the extent permitted by the Investment Company 1940 Act of 1940 and the rules and regulations thereunder. This Agreement shall automatically terminate in the event of its assignment and may be terminated at any time without the payment of any penalty by the Fund Trust or by the Manager Adviser on sixty (60) days written notice to the other party. The Fund Trust may effect termination with respect to any Portfolio by action of the Board of Directors Trustees or by vote of a majority of the outstanding voting securities of such Portfolio. This Agreement may also be terminated with respect to any Portfolio at any time, without the payment of any penalty, by the Board of Directors Trustees or by vote of a majority of the outstanding voting securities of such Portfolio, in the event that it shall have been established by a court of competent jurisdiction that the Manager Adviser or any officer or principal of the Manager Adviser has taken any action which results in a breach of the covenants of the Manager Adviser set forth herein.

Term; Termination; Amendment. This Agreement shall become effective with respect to the Existing Portfolios Fund on January 8, 2008 (the date hereof "Effective Date") provided that it has been approved in the manner required by the 1940 Act, and shall remain in full force until April June 30, 19972009, unless sooner terminated as hereinafter provided. This Agreement Agreement, however, shall continue in force from year to year thereafter with respect to the Existing Portfolios and each other Portfolio to which the Agreement shall have become applicablethereafter, but only so as long as such continuance is specifically approved for each Portfolio the Fund at least annually in the manner required by the Investment Company 1940 Act of 1940 and the rules and regulations thereunder; provided, however, that if the continuation of this Agreement is not approved for a Portfoliothe Fund, the Manager Sub-Adviser may continue to serve in such capacity for such Portfolio the Fund in the manner and to the extent permitted by the Investment Company 1940 Act of 1940 and the rules and regulations thereunder. This Agreement shall automatically terminate in the event of its assignment and may be terminated at any time without the payment of any penalty by the Fund Manager or by the Manager on Sub-Adviser upon sixty (60) days days' written notice to the other partyparties. The This Agreement may also be terminated by the Fund may effect termination with respect to any Portfolio by action of the Board of Directors Trustees of the Fund or by a vote of a majority of the outstanding voting securities of the Fund upon sixty (60) days' written notice to the Sub-Adviser by the Fund without payment of any penalty. This Agreement may be terminated at any time without the payment of any penalty by the Manager, the Board of Trustees of the Fund or by vote of a majority of the outstanding voting securities of such Portfolio. This Agreement may also be terminated with respect to any Portfolio at any time, without the payment of any penalty, by the Board of Directors or by vote of a majority of the outstanding voting securities of such Portfolio, Fund in the event that it shall have been established by a court of competent jurisdiction that the Manager Sub- Adviser or any officer or principal director of the Manager Sub-Adviser has taken any action which that results in a breach of the material covenants of the Manager Sub-Adviser set forth herein.