Termination Of Investment Advisory Agreement
No assignment: BrightPlan does not assign this contract without the customer`s consent. Notwithstanding the foregoing, BrightPlan will notify Customer in writing of any change in control or ownership of BrightPlan, which would result in an “assignment” of this Agreement in accordance with the Investment Advisers Act of 1940, and it is presumed that Customer will accept the assignment if Customer has not terminated this Agreement in writing within 30 days from the date of notification. Based on the client`s investment plan and profile (including any annexes), recommend investment portfolios for external client accounts for which BrightPlan has been granted access to the view (“Account(s)”). In the event of a change in the subscription fee or annual fee, BrightPlan will notify Customer in writing for at least 30 days and Customer will be deemed a consent to the revised or annual subscription fees, unless Customer has agreed in writing to terminate this Agreement within 30 days from the date of such notification. Arbitration: The parties waive their right to appeal to the courts, including the right to a jury trial. The parties agree that any dispute between or between the parties arising out of, in connection with or in connection with this Agreement or the account(s), including the determination of the scope and enforceability of the arbitration agreement, shall be resolved exclusively by a binding arbitration procedure conducted under the aegis of JAMS, in accordance with its global arbitration rules and procedures. The arbitration will take place at the time the dispute arises in brightplan`s county and state headquarters. Disputes are not settled in another forum or elsewhere. Arbitration is conducted by a retired judge experienced in resolving securities disputes. The parties agree that the arbitrator shall apply the substantive law of the State of Delaware to all rights of the State, that the limited discovery shall be made in accordance with the detailed arbitration rules and procedures of JAMS and that the arbitrator may not pay punitive or exemplary damages except to the extent that such damages are prescribed by law, to be an available remedy for one of the specific claims invoked. In accordance with JAMS` detailed arbitration rules and procedures, the arbitrator`s arbitral award consists of a written statement of the decision regarding each claim and, if applicable, the relief granted for each claim. The arbitral award shall not contain or accompany facts, conclusions or other written explanations of the reasons for the prize. The parties understand that the right to appeal an arbitrator`s decision or arbitral award or to request an amendment is severely limited by national and federal law.
Any arbitration award rendered by the arbitrator is final and binding, and the judgment may be registered with any court of competent jurisdiction in the county and state of BrightPlan`s registered office at the time of the award or as provided by law. The parties shall respect the confidentiality of the arbitration and the arbitral award, even if they attempt to confirm or set aside the arbitral award in court, unless otherwise provided by law or court order. Customer Communication: Customer acknowledges that the value and usefulness of the services provided by BrightPlan depends on the information provided by Customer through BrightPlan`s website and/or mobile app, as well as on the Client`s active participation in formulating the Investment Profile and Plan. . . .