Investment Advisory Agreement Harbor Corporate Culture Leaders ETFHarbor ETF Trust • February 22nd, 2022 • Illinois
Harbor ETF Trust (the “Trust”) has been organized under the laws of Delaware to engage in the business of an investment company. The shares of beneficial interest of the Trust (“Shares”) are divided into multiple series, including Harbor Corporate Culture Leaders ETF (the “Fund”), as established pursuant to a written instrument executed by the Trustees of the Trust. Series may be terminated, and additional series established, from time to time by action of the Trustees. The Trust, on behalf of the Fund, has selected you to act as the investment adviser of the Fund and to provide certain other services, as more fully set forth below, and you are willing to act as such investment adviser and to perform such services under the terms and conditions hereinafter set forth. Accordingly, the Trust agrees with you as follows:
AGREEMENT AND DECLARATION OF TRUST of HARBOR ETF TRUST a Delaware Statutory Trust Principal Place of Business:Agreement and Declaration of Trust • February 22nd, 2022 • Harbor ETF Trust • Delaware
This AGREEMENT AND DECLARATION OF TRUST was made on May 14, 2021 and amended and restated on January 26, 2022 by the Trustees, to establish a statutory trust for the purpose of conducting, operating and carrying on the business of a management investment company for the investment and reinvestment of funds contributed to the Trust by investors. The Trustees declare that all money and property contributed to the Trust shall be held and managed in trust pursuant to this Agreement and Declaration of Trust. The name of the Trust created by this Agreement and Declaration of Trust is Harbor ETF Trust.
SUBLICENSE AGREEMENTSublicense Agreement • February 22nd, 2022 • Harbor ETF Trust • Illinois
This Sublicense Agreement (“Agreement”) is entered into as of December 1, 2021 by and between Harbor Capital Advisors, Inc., a Delaware corporation with offices at 111 South Wacker Drive, 34th Floor, Chicago, Illinois 60606 (“Harbor”), and Harbor ETF Trust (“Licensee”). Harbor and Licensee are each a “Party” and, together, the “Parties”).
