Common use of EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT Clause in Contracts

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This Agreement shall become effective upon its approval by the Shareholders of the capital stock of each Portfolio, which shall be the date of its execution first above written. This Agreement will continue in effect for a period more than two years from the date of its execution only so long as such continuance is specifically approved at least annually either by the Board of Directors of the Fund or by the vote of a majority of the outstanding voting securities of the Fund, provided that in either event such continuance shall also be approved by the vote of a majority of the directors of the Fund who are not interested persons (as defined in the Investment Company Act) of any party to this Agreement cast in person at a meeting called for the purpose of voting on such approval. The required Shareholder approval of this Agreement or of any continuance of this Agreement shall be effective with respect to a Portfolio if a majority of the outstanding voting securities (as defined in Rule 18f-2(h) under the Investment Company Act) of capital stock of that Portfolio votes to approve the Agreement or its continuance, notwithstanding that the Agreement or its continuance may not have been approved by a majority of the outstanding voting securities of the Fund. If the Shareholders of capital stock of any Portfolio to which this Agreement relates fail to approve the Agreement or any continuance of the Agreement, the Adviser will continue to act as investment adviser with respect to such Portfolio pending the required approval of the Agreement or its continuance, of a new contract with the Adviser or a different adviser or other definitive action; provided, that the compensation received by the Adviser in respect of the Portfolio during such period will be no more than its actual costs incurred in furnishing investment advisory and management services to the Portfolio or the amount it would have received under the Agreement in respect of the Portfolio, whichever is less. This Agreement may be terminated at any time, without the payment of any penalty, by the Board of Directors of the Fund or by the vote of a majority of the outstanding voting securities of a Portfolio or by the Adviser, on sixty days' written notice to the other party. This Agreement will automatically terminate in the event of its assignment (as defined in the Investment Company Act).

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This Agreement shall become effective upon its approval by the Shareholders of the capital stock of each PortfolioFund, which shall be the date of its execution first above written. This Agreement will continue in effect for a period more than two years from the date of its execution only so long as such continuance is specifically approved at least annually either by the Board of Directors Trustees of the Fund Trust or by the vote of a majority of the outstanding voting securities of the a Fund, provided that in either event such continuance shall also be approved by the vote of a majority of the directors trustees of the Fund Trust who are not interested persons (as defined in the Investment Company Act) of any party to this Agreement cast in person at a meeting called for the purpose of voting on such approval. The required Shareholder approval of this Agreement or of any continuance of this Agreement shall be effective with respect to a Portfolio Fund if a majority of the outstanding voting securities (as defined in Rule 18f-2(h) under the Investment Company Act) of capital stock of that Portfolio Fund votes to approve the Agreement or its continuance, notwithstanding that the Agreement or its continuance may not have been approved by a majority of the outstanding voting securities of the FundTrust. If the Shareholders of capital stock of any Portfolio Fund to which this Agreement relates fail to approve the Agreement or any continuance of the Agreement, the Adviser will continue to act as investment adviser with respect to such Portfolio Fund pending the required approval of the Agreement or its continuance, of a new contract with the Adviser or a different adviser or other definitive action; provided, that the compensation received by the Adviser in respect of the Portfolio Fund during such period will be no more than its actual costs incurred in furnishing investment advisory and management services to the Portfolio Fund or the amount it would have received under the Agreement in respect of the PortfolioFund, whichever is less. This Agreement may be terminated at any time, without the payment of any penalty, by the Board of Directors Trustees of the Fund Trust or by the vote of a majority of the outstanding voting securities of a Portfolio Fund or by the Adviser, on sixty days' ’ written notice to the other party. This Agreement will automatically terminate in the event of its assignment (as defined in the Investment Company Act).

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This Agreement shall become effective upon its approval by with respect to each Fund on the Shareholders effective date of the capital stock post-effective amendment to the Company's Registration Statement on Form N1-A first registering shares of each Portfoliothe Funds. Wherever referred to in this Agreement, which the vote or approval of the holders of a majority of the outstanding shares of a Fund shall be mean the date lesser of its execution first above written(i) the vote of 67% or more of the voting shares of such Fund present at a regular or special meeting of shareholders duly called, if more than 50% of the Fund's outstanding voting shares are present or represented by proxy, or (ii) the vote of more than 50% of the outstanding voting shares of such Fund. This Unless sooner terminated as hereinafter provided, this Agreement will shall continue in effect with respect to each Fund for a period more than of two years from the date of its execution execution, and thereafter shall continue in effect only so long as such continuance is specifically approved at least annually either (i) by the Board of Directors of the Fund Company or by the vote of the holders of a majority of the outstanding voting securities of the applicable Fund, provided that in either event such continuance shall also be approved and (ii) by the vote of a majority of the directors of the Fund Company who are not parties to this Agreement or "interested persons (persons", as defined in the Investment Company Act) , of any party to this Agreement the Adviser, the Sub-Adviser or the Company, cast in person at a meeting called for the purpose of voting on such approval. The required Shareholder approval of this Agreement or of any continuance of this Agreement shall be effective with respect to a Portfolio if a majority of the outstanding voting securities (as defined in Rule 18f-2(h) under the Investment Company Act) of capital stock of that Portfolio votes to approve the Agreement or its continuance, notwithstanding that the Agreement or its continuance may not have been approved by a majority of the outstanding voting securities of the Fund. If the Shareholders of capital stock of any Portfolio to which this Agreement relates fail to approve the Agreement or any continuance of the Agreement, the Adviser will continue to act as investment adviser with respect to such Portfolio pending the required approval of the Agreement or its continuance, of a new contract with the Adviser or a different adviser or other definitive action; provided, that the compensation received by the Adviser in respect of the Portfolio during such period will be no more than its actual costs incurred in furnishing investment advisory and management services to the Portfolio or the amount it would have received under the Agreement in respect of the Portfolio, whichever is less. This Agreement may be terminated with respect to either Fund at any time, without the payment of any penalty, by the vote of the Board of Directors of the Fund Company or by the vote of the holders of a majority of the outstanding voting securities shares of a Portfolio the respective Fund, or by the Adviser, on upon sixty days' (60) days written notice to the other party. Any such termination may be made effective with respect to both the investment advisory and management services provided for in this Agreement or with respect to either of such kinds of services. This Agreement will shall automatically terminate in the event of its assignment (as defined in the Investment Company Act)Act of 1940 and the rules thereunder, provided, however, that such automatic termination shall be prevented in a particular case by an order of exemption from the Securities and Exchange Commission or a no-action letter of the Staff of the Commission to the effect that such assignment does not require termination as a statutory or regulatory matter. This Agreement shall automatically terminate with respect to a Fund upon completion of the dissolution, liquidation and winding up of such Fund.

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This The effective date of this Agreement shall become effective upon its be February 1, 1998. Wherever referred to in this Agreement, the vote or approval by the Shareholders of the capital stock holders of each Portfolioa majority of the outstanding voting securities of the Portfolio or the Fund shall mean the vote of 67% or more of such securities if the holders of more than 50% of such securities are present in person or by proxy or the vote of more than 50% of such securities, which whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall be the date of its execution first above written. This Agreement will continue in effect for a period more than two years from the date of its execution only so long as such continuance is specifically approved at least annually either (a) by the Board of Directors of the Fund Fund, or with respect to the Portfolio by the vote of the holders of a majority of the outstanding voting securities of the FundPortfolio, provided that in either event such continuance shall also be approved and (b) by the vote of a majority of the directors of the Fund who are not interested persons (as defined in of Advisers or of the Investment Company Act) of any party to this Agreement Fund cast in person at a meeting called for the purpose of voting on such approval. The required Shareholder approval of this Agreement or of any continuance of this Agreement shall be effective with respect to a Portfolio ; provided that, if a majority of the outstanding voting securities (as defined in Rule 18f-2(h) under the Investment Company Act) of capital stock of that Portfolio votes to approve the Agreement or its continuance, notwithstanding that the Agreement or its continuance may not have been approved by a majority of the outstanding voting securities of the Fund. If the Shareholders of capital stock of any Portfolio to which approves this Agreement, this Agreement relates fail to approve the Agreement or any continuance of the Agreement, the Adviser will shall continue to act as investment adviser in effect with respect to such approving Portfolio pending whether or not the required approval shareholders of any other Portfolios of the Agreement or its continuance, of a new contract with the Adviser or a different adviser or other definitive action; provided, that the compensation received by the Adviser in respect of the Portfolio during such period will be no more than its actual costs incurred in furnishing investment advisory and management services to the Portfolio or the amount it would have received under the Agreement in respect of the Portfolio, whichever is lessFund approve this Agreement. This Agreement may be terminated at any time, time without the payment of any penalty, penalty by the vote of the Board of Directors of the Fund or by the vote of a majority of the outstanding voting securities of a Portfolio or by the AdviserAdvisers, on upon sixty (60) days' written notice to the other party. This Agreement will may be terminated with respect to the Portfolio at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of the Portfolio, upon sixty (60) days' written notice to Advisers. Any such termination may be made effective with respect to both the investment advisory and management services provided for in this Agreement or with respect to either of such kinds of services. This Agreement shall automatically terminate in the event of its assignment (as defined in the Investment Company Act)assignment.

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This The effective date of this Agreement shall become effective upon its approval by the Shareholders of the capital stock of each Portfolio, which shall be the date of its execution first above written. This Unless sooner terminated as hereinafter provided, this Agreement will continue shall continue, in effect for a period more than two years from the date of its execution year to year, but only so long as such continuance is specifically approved at least annually either by the Board of Directors of the Fund or either: (i) by the vote of a majority of the outstanding voting securities Board of Directors of the Fund, provided that in either event such continuance shall also be approved by including the vote specific approval of a majority of the directors who are not Interested Persons of the Fund or of the Distributor and who are not interested persons (as defined have no direct or indirect financial interest in the Investment Company Act) operation of the Plan, or in any party agreements relating to this Agreement the Plan, cast in person at a meeting called for the purpose of voting on such approval. The required Shareholder approval ; or (ii) by the vote of this Agreement or the holders of a majority of the outstanding Shares of the Fund; provided that if a majority of the outstanding Shares of any continuance of Portfolio votes to approve this Agreement Agreement, such approval shall be effective with respect to a such Portfolio if whether or not the shareholders of any other Portfolio have voted to approve this Agreement. Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities (as defined in Rule 18f-2(h) under the Investment Company Act) of capital stock of that Portfolio votes to approve the Agreement or its continuance, notwithstanding that the Agreement or its continuance may not have been approved by a majority Shares of the outstanding voting securities Fund or any Portfolio of the Fund. If Fund shall mean (I) the Shareholders vote of capital stock 67% or more of any Portfolio to which this Agreement relates fail to approve such Shares, if the Agreement or any continuance holders of the Agreement, the Adviser will continue to act as investment adviser with respect to such Portfolio pending the required approval of the Agreement or its continuance, of a new contract with the Adviser or a different adviser or other definitive action; provided, that the compensation received by the Adviser in respect of the Portfolio during such period will be no more than its actual costs incurred 50% of such Shares are present in furnishing investment advisory and management services to person or by proxy; or (ii) the Portfolio or the amount it would have received under the Agreement in respect vote of the Portfoliomore than 50% of such Shares, whichever is less. This Agreement may be terminated at any time, time without the payment of any penalty, penalty by (i) the vote of a majority of the members of the Board of Directors of the Fund who are not Interested Persons of the Fund and who have no direct or indirect financial interest in the operation of the Plan or in any agreements relating to the Plan, (ii) by the vote of the holders of a majority of the outstanding voting securities Shares of the Fund (provided that if a majority of the outstanding Shares of any Portfolio votes to terminate this Agreement, such termination shall be effective with respect to such Portfolio whether or not the shareholders of any other Portfolio have voted to terminate this Agreement) or (iii) by the AdviserDistributor, on upon not more than sixty (60) days' written notice to the other party. This Agreement will shall automatically terminate in the event of its assignment (as defined in the Investment Company Act)assignment.

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This Agreement shall become effective upon its approval by with respect to the Shareholders Fund on the effective date of the capital stock post-effective amendment to the Company's Registration Statement on Form N1-A first registering shares of each Portfoliothe Fund. Wherever referred to in this Agreement, which the vote or approval of the holders of a majority of the outstanding shares of the Fund shall be mean the date lesser of its execution first above written(i) the vote of 67% or more of the voting shares of the Fund present at a regular or special meeting of shareholders duly called, if more than 50% of the Fund's outstanding voting shares are present or represented by proxy, or (ii) the vote of more than 50% of the outstanding voting shares of the Fund. This Unless sooner terminated as hereinafter provided, this Agreement will shall continue in effect for a period more than of two years from the date of its execution execution, and thereafter shall continue in effect only so long as such continuance is specifically approved at least annually either (i) by the Board of Directors of the Fund Company or by the vote of a majority of the outstanding voting securities of the Fund, provided that in either event such continuance shall also be approved and (ii) by the vote of a majority of the directors of the Fund Company who are not parties to this Agreement or "interested persons (persons", as defined in the Investment Act, of the Adviser or the Company Act) of any party to this Agreement cast in person at a meeting called for the purpose of voting on such approval. The required Shareholder approval of this Agreement or of any continuance of this Agreement shall be effective with respect to a Portfolio if a majority of the outstanding voting securities (as defined in Rule 18f-2(h) under the Investment Company Act) of capital stock of that Portfolio votes to approve the Agreement or its continuance, notwithstanding that the Agreement or its continuance may not have been approved by a majority of the outstanding voting securities of the Fund. If the Shareholders of capital stock of any Portfolio to which this Agreement relates fail to approve the Agreement or any continuance of the Agreement, the Adviser will continue to act as investment adviser with respect to such Portfolio pending the required approval of the Agreement or its continuance, of a new contract with the Adviser or a different adviser or other definitive action; provided, that the compensation received by the Adviser in respect of the Portfolio during such period will be no more than its actual costs incurred in furnishing investment advisory and management services to the Portfolio or the amount it would have received under the Agreement in respect of the Portfolio, whichever is less. This Agreement may be terminated at any time, without the payment of any penalty, by the vote of the Board of Directors of the Fund Company or by the vote of the holders of a majority of the outstanding voting securities shares of a Portfolio the Fund, or by the Adviser, on upon sixty days' (60) days written notice to the other party. Any such termination may be made effective with respect to both the investment advisory and management services provided for in this Agreement or with respect to either of such kinds of services. This Agreement will shall automatically terminate in the event of its assignment (as defined in the Investment Company Act)Act of 1940 and the rules thereunder, provided, however, that such automatic termination shall be prevented in a particular case by an order of exemption from the Securities and Exchange Commission or a no-action letter of the Staff of the Commission to the effect that such assignment does not require termination as a statutory or regulatory matter. This Agreement shall automatically terminate upon completion of the dissolution, liquidation and winding up of the Fund.

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This The effective date of this Agreement shall become effective upon its approval by the Shareholders of the capital stock of each Portfolio, which shall be the date of its execution first above writtencommencement of the Fund's initial public offering of shares. This Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding Shares of the Fund or any Portfolio of the Fund shall mean the vote of 67% or more of such Shares if the holders of more than 50% of such Shares are present in person or by proxy or the vote of more than 50% of such Shares, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement will shall continue in effect for a period more than two years from the date of its execution year to year after April 30, 1989, but only so long as such continuance is specifically approved at least annually either either: (1) by the Board of Directors of the Fund or by the vote of a majority of the outstanding voting securities of the Fund, provided that in either event such continuance shall also be approved by including the vote specific approval of a majority of the directors who are not Interested Persons of the Fund or of the Distributor and who are not interested persons (as defined have no direct or indirect financial interest in the Investment Company Act) operation of the Plan, or in any party agreements relating to this Agreement the Plan, cast in person at a meeting called for the purpose of voting on such approval. The required Shareholder approval ; or (2) by the vote of this Agreement or the holders of a majority of the outstanding Shares of the Fund; provided that if a majority of the outstanding Shares of any continuance of Portfolio votes to approve this Agreement Agreement, such approval shall be effective with respect to a such Portfolio if a majority whether or not the shareholders of the outstanding voting securities (as defined in Rule 18f-2(h) under the Investment Company Act) of capital stock of that any other Portfolio votes have voted to approve the Agreement or its continuance, notwithstanding that the Agreement or its continuance may not have been approved by a majority of the outstanding voting securities of the Fund. If the Shareholders of capital stock of any Portfolio to which this Agreement relates fail to approve the Agreement or any continuance of the Agreement, the Adviser will continue to act as investment adviser with respect to such Portfolio pending the required approval of the Agreement or its continuance, of a new contract with the Adviser or a different adviser or other definitive action; provided, that the compensation received by the Adviser in respect of the Portfolio during such period will be no more than its actual costs incurred in furnishing investment advisory and management services to the Portfolio or the amount it would have received under the Agreement in respect of the Portfolio, whichever is less. This Agreement may be terminated at any time, time without the payment of any penalty, by the Board of Directors of the Fund or penalty by the vote of a majority of the outstanding voting securities members of the Board of Directors of the Fund who are not Interested Persons of the Fund and who have no direct or indirect or financial interest in the operation of the Plan or in any agreements relating to the Plan, by the vote of the holders of a majority of the outstanding Shares of the Fund (provided that if a majority of the outstanding Shares of any Portfolio votes to terminate this Agreement, such termination shall be effective with respect to such Portfolio whether or not the shareholders of any other Portfolio have voted to terminate this Agreement) or by the AdviserDistributor, on upon not more than sixty (60) days' written notice to the other party. This Agreement will shall automatically terminate in the event of its assignment (as defined in the Investment Company Act)assignment.