Common use of Termination or Assignment Clause in Contracts

Termination or Assignment. This Agreement may be terminated by the Company, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to: Firstar Bank Milwaukee, N.A. 000 Xxxx Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 or to the Company at: Grand Prix Funds, Inc. Wilton Executive Campus 00 Xxxxx Xxxx, Xxxxx 000 Xxxxxx, XX 00000 Attn: Corporate Secretary as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Company, but may deliver them to a bank or trust company of its own selection that meets the requirements of the 1940 Act as a Custodian for the Company to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Company of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. If the Company elects to terminate this Agreement prior to the one year anniversary of this Agreement, for reasons other than unacceptable service levels, the Company agrees to reimburse Firstar for the difference between the termination date and the anniversary date in annual fees based on the current annual fees of the Company. This Agreement may not be assigned by Custodian without the consent of the Company, authorized or approved by a resolution of its Board of Directors.

Appears in 1 contract

Samples: Custodian Servicing Agreement (Grand Prix Funds Inc)

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Termination or Assignment. This Agreement shall become effective as of the day and year first written above and shall continue in full force and effect automatically for successive annual periods unless otherwise terminated as provided herein. This Agreement may be terminated by either party at any time upon giving 90 days prior written notice to the Company, other party or such shorter period as is mutually agreed upon by Custodian, on ninety (90) days notice, given the parties. This Agreement may be replaced or modified by a subsequent agreement between the parties. Notice shall be in writing and sent by registered mail to: to Custodian at Firstar Bank MilwaukeeBank, N.A. N.A., 000 Xxxx Xxxxxxxxx Xxxxxxxx Xxxxxx Xxxxxxxxx, XX Xxxxxxxxx 00000 or to the Company at: Grand Prix Funds, Inc. Wilton Executive Campus 00 Xxxxx XxxxFund at Kinetics Portfolios Trust 0000 Xxxxxxxxxx Xxxxxx, Xxxxx 000 Xxxxx Xxxxxx, XX 00000 Attn: Corporate Secretary as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the CompanyFund, but may deliver them to a bank or trust company of its own selection selection, that meets the requirements of the Investment Company Act of 1940 Act as a Custodian for the Company Fund to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Company Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. If the Company elects to terminate this Agreement prior to the one year anniversary of this Agreement, for reasons other than unacceptable service levels, the Company agrees to reimburse Firstar for the difference between the termination date and the anniversary date in annual fees based on the current annual fees of the Company. This Agreement may not be assigned by Custodian without the consent of the CompanyFund, authorized or approved by a resolution of its Board of Directors.

Appears in 1 contract

Samples: Custodian Servicing Agreement (Kinetics Portfolios Trust)

Termination or Assignment. This Agreement may be terminated by the Company, or by Custodian, on ninety (90) days noticenotice prior to the two year anniversary, given in writing and sent by registered mail to: Firstar Bank Milwaukee, N.A. 000 Xxxx Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 or to the Company at: Grand Prix Legacy Funds, Inc. Wilton Executive Campus 00 Xxxxx Xxxxxxxx Xxx Xxxx, Xxxxx 000 Xxxxxx, XX 00000 00000-0000 Attn: Corporate Secretary as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Company, but may deliver them to a bank or trust company of its own selection that meets the requirements of the 1940 Act as a Custodian for the Company to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Company of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. If the Company elects to terminate this Agreement prior to the one two year anniversary of this Agreement, for reasons other than unacceptable service levels, the Company agrees to reimburse Firstar for the difference between the termination date and the anniversary date in annual the two year fees based on the current annual fees of the Company. This Agreement may not be assigned by Custodian without the consent of the Company, authorized or approved by a resolution of its Board of Directors.

Appears in 1 contract

Samples: Custodian Servicing Agreement (Legacy Funds Inc)

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Termination or Assignment. This Agreement may be terminated by the Company, or by Custodian, on ninety (90) days notice, given in writing and sent by registered mail to: Firstar Bank Milwaukee, N.A. 000 777 East Wisconsin Avenue Milwaukee, WI 00000 xx xx xxx Xxxxxxx xx: Xxxxx Xxxx Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 or to the Company at: Grand Prix FundsXxxxx, Inc. Wilton Executive Campus 00 Xxxxx 15 River Road, Suite 220 Wilton, CT 06890 Xxxx, Xxxxx 000 Xxxxxx, XX 00000 Attn: Corporate Secretary as the case Xxxxxxxxx Xxxxxxxxx xx xxx xase may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of the Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of the Fund to the Company, but may deliver them to a bank or trust company of its own selection that meets the requirements of the 1940 Act as a Custodian for the Company to be held under terms similar to those of this Agreement, provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Company of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. If the Company elects to terminate this Agreement prior to the one year anniversary of this Agreement, for reasons other than unacceptable service levels, the Company agrees to reimburse Firstar for the difference between the termination date and the anniversary date in annual fees based on the current annual fees of the Company. This Agreement may not be assigned by Custodian without the consent of the Company, authorized or approved by a resolution of its Board of Directors.

Appears in 1 contract

Samples: Custodian Servicing Agreement (Grand Prix Funds Inc)

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