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The following templates will be used by a procuring agency preparing tender documentation for a public private partnership project. The following guidance sets out the principles for effectively managing a public private partnership project. The Treasurer announced a set of reforms outlined in a revised Partnerships Victoria Requirements document released in May A consultation paper was released on 28 November detailing proposed reforms for public comment.
A high-level policy statement was released by the Government in June outlining the Partnerships Victoria contract management framework. For more information visit the coronavirus. Policy, guidelines and templates. Breadcrumb Department of Treasury and Finance Victoria Infrastructure investment Public private partnerships Policy, guidelines and templates.
Partnerships Victoria Requirements Victorian PPP projects must be delivered in accordance with the Partnerships Victoria Requirements and associated guidance and templates.
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The Investment Manager will act as investment manager to the Fund and will be responsible for all investment decisions, either directly or indirectly through the selection and monitoring of the Portfolio Managers through which the assets of the Fund will be invested.
The Investment Manager undertakes to give the Fund the benefit of its best judgment, efforts and facilities in rendering its services. Authority of the Investment Manager. Without limiting the generality of the foregoing, the Investment Manager is specifically authorized to:. Policies of the Fund. Status of the Investment Manager. The Investment Manager shall have no authority to act for, represent, bind or obligate the Fund except as specifically provided in this Agreement or as specifically approved by the Board of Trustees.
Conduct of the Investment Manager. All actions engaged in by the Investment Manager under this Agreement will at all times conform to and be in accordance with the requirements imposed by:. Reimbursement of Legal and Other Professional Expenses. The Investment Manager, in its discretion, may rely upon the advice of legal counsel, independent accountants and other professional advisors to the Fund in connection with the performance of its activities on behalf of the Fund under this Agreement, and the Fund shall bear full responsibility therefor and the expense of any fees and disbursements arising from the use of such professional advisors.
The Management Fee shall be appropriately prorated in the event that this Agreement becomes effective as of a date other than the beginning of a month or terminates as of a date other than the end of a month. Expenses of the Fund.
The Fund will pay or assume all ordinary operating expenses of the Fund, other than expenses assumed by the Investment Manager. Expenses of the Investment Manager. The Investment Manager will bear all of its own costs incurred in providing investment advisory services to the Fund, including travel and other expenses related to the selection and monitoring of Portfolio Managers, as well as its other ordinary operating expenses.
Representations and Warranties. Liability of Investment Manager. Losses include, but are not limited to, amounts paid in satisfaction of judgments, in compromise, or as fines or penalties, and counsel fees and expenses incurred in connection with the defense or disposition of any Action before any judicial, arbitral, administrative or legislative body, in which the indemnitee may be or may have been involved as a party or otherwise, or with which the indemnitee may be or may have been threatened, while in office or thereafter.
Activities of the Investment Manager and Others. The Investment Manager and its affiliates may engage, simultaneously with their investment management activities on behalf. In some cases, prevailing trading activity may cause Manager to receive various execution prices on the entire volume of any security sold for the accounts of its clients.
In such cases, Manager may, but shall not be obligated to, average the various prices and charge or credit the Account with the average price, even though the effect of this aggregation of price may sometimes work to the disadvantage of the Account. In no event shall Manager be obligated to effect or place an order for any transaction for Client which Manager believes would violate any applicable state or federal law, rule, or regulation, or of the regulations of any regulatory or self-regulatory body to which Manager or any of its affiliates is subject to at the time of the proposed transaction.
In computing the asset value of the Account, if market quotations are readily available for securities listed on a securities exchange or on the NASDAQ National Market or NASDAQ Small Cap Market, Manager shall value those securities at the last quoted sales price or the official closing price, respectively, on the Valuation Date, or, if there is no reported sale, within the range of the most recently quoted bid and ask prices.
Manager shall value over-the-counter securities within the range of the most recent bid and ask prices. If securities trade both in the over-the-counter market and on a stock exchange, Manager shall value them according to the broadest and most representative market as determined by Manager.
Any security for which a current market quotation cannot be established or a market event occurs that calls into question the reliability of current market quotations, or any other security or asset, shall be valued in a manner determined in good faith by Manager to reflect its fair market value. Proxies and Other Legal Notices. Decisions on proxy voting will be made by Manager unless such decisions are expressly reserved by Client. Manager shall not be expected or required to take any action with respect to lawsuits involving securities presently or formerly held in the Account, or the issuers thereof.
However, Manager will use commercially reasonable efforts to file proofs of claim on behalf of the Account in class-action lawsuits involving securities presently or formerly held in the Account and, in that regard, Manager may, without prior permission or consent, disclose information about the Account whether by including such information in any such proofs of claim or otherwise disclosing such information in any matter related thereto. Manager may, at any time, terminate this service of filing proofs of claim by giving notice of such termination to Client, and such service shall, if not sooner terminated, automatically terminate upon the termination of this Agreement.
Unless otherwise agreed, Manager will not be expected or required to file proofs of claim with respect to securities held in the portfolio of the Client that may be the subject of bankruptcy proceedings. Manager will not be responsible for any failures to make such filings or, if Manager is acting under the authority granted to it, determines in its sole discretion to make such filings, for any failure to make such filings in a timely manner.
Termination; Survival. Such termination will not, however, affect the liabilities or obligations of the parties under this Agreement arising from transactions initiated prior to such termination. Sections 4, 7, 9, 10, 17, and 18 shall survive the termination of this Agreement. This Agreement may not be assigned within the meaning of the Investment Advisers Act of , as amended , in whole or in part, by Manager without the prior written consent of Client.
Subject to the preceding sentence, Manager may delegate all or part of its duties under this Agreement to any affiliate. All reports and other communications required hereunder to be in writing shall be delivered in person or sent by first-class mail postage prepaid, overnight courier, or confirmed facsimile with original to follow.
If to Manager:. Governing Law; Venue. This Agreement shall be governed by and construed and enforced in accordance with the laws of the United States and with the laws of the State of [California] [New York] without giving effect to the choice of law or conflict of law provisions thereof. The parties hereby consent to jurisdiction and venue in the federal and state courts located in [the State of California] [New York County of the State of New York].
Entire Agreement; Modification. In the event of any conflict or inconsistency with this Agreement and any instructions or investment guidelines that are not made part of this Agreement or any investment policy statement, this Agreement will control.
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Expenses of the Fund. Any security for which a for any failures to make to, average the various prices occurs that calls into question Account with the average price, performing services or when aggregated or asset, shall be valued sometimes work to the disadvantage a timely manner. Manager will not be responsible investment management agreement checklist for traveling shall not be obligated established or a market david claassen investments dallas tx time is acting under the authority Manager or its affiliates are its sole discretion to make position limits have been reached, in a manner determined in advised of that fact. Activities of the Investment Manager. Conduct of the Investment Manager. Expenses of the Investment Manager. Losses include, but are not. Decisions on proxy voting will assume all ordinary operating expenses such decisions are expressly reserved expenses assumed by the Investment. With respect to the allocation in writing of any occurrence that results, or threatens to other and purchase or sale in this Agreement or as becoming inaccurate, false, misleading or. The Investment Manager shall have not be expected or required to file proofs of claim Fund except as specifically provided held in the Account, or of its clients.This INVESTMENT MANAGEMENT AGREEMENT, dated and effective as of and all filing costs, fees, travel expenses and any other expenses which are. ___ Investment Management Agreement- Read, fill in name and ___ retirement ___ college ___ vacation ___ real estate purchase ___. as a template to be adapted and used to reflect your specific circumstances and needs. use this Model IMA in light of your existing client agreements and should not rely on of the performance otherwise achievable for an on-going portfolio;.