Limitation Period For Agreement

State:
Multi-State
Control #:
US-EG-9176
Format:
Word; 
Rich Text
Instant download

Description

The Expense Limitation Agreement is designed to outline the limits on operational expenses for the Gardner Lewis Investment Trust and its funds. Key features include the definition of allowable operating expenses, the method for calculating advisor liability for exceeding these limits, and provisions for annual adjustments and reimbursements. The Operating Expense Limit, as specified in Schedule A, dictates the maximum permissible expenses relative to each fund's average daily net assets. This agreement is particularly beneficial for legal professionals such as attorneys, partners, owners, associates, paralegals, and legal assistants by providing a structured framework for compliance with the Investment Company Act of 1940. It ensures clarity regarding financial obligations between the Trust and the Advisor while protecting shareholders' interests by maintaining expense ratios within regulatory standards. Additionally, clear filling and editing instructions aid in completing and modifying the document, making it accessible for users with varying levels of legal expertise. The document emphasizes the importance of board approval for any reimbursements and highlights the term and termination provisions that provide flexibility for both parties.
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FAQ

Otherwise, parties to a contract can agree that a different period of limitation than the usual six-year limitation period for a claim based in contract shall apply.

Another issue which often binds parties is that a contractual claim must be brought within the statutorily prescribed limitation period. However, parties can opt out of this limitation period, as discussed in a 2009 Singapore case.

(1) Where, before the expiration of the period prescribed for a suit or application in respect of any property or right, an acknowledgement of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by some person through whom he

The High Court's recent decision in Price v Spoor 2021 HCA 20 has confirmed that parties can effectively contract out of limitation periods imposed by statute. The decision provides certainty as to the validity of a number contractual provisions, although some questions remain unanswered.

A contractual limitation period holds any party accountable for any damages or failure to fulfill his or her end of a bargain. When it comes to construction agreements, limitation periods pertain to claims are brought against a contractor.

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Limitation Period For Agreement