Term Contract Clauses (29,607)

Term. (a) This Agreement shall continue in effect for a period of one year from the date the Agreement was entered into unless otherwise terminated as set forth in this Section 6. The Trading Advisor may terminate this Agreement at the end of such one-year period by providing prior written notice of termination to the Trading Company at least sixty days prior to the expiration of such one-year period. If the Agreement is not terminated upon the expiration of such one-year period, this Agreement shall... automatically renew for an additional one-quarter period and shall continue to renew for additional one-quarter periods until this Agreement is otherwise terminated, as provided for herein. This Agreement shall automatically terminate if the Trading Company is dissolved. (b) The Trading Company and Managing Member each shall have the right to terminate this Agreement in its discretion (i) at any month end upon five days' prior written notice to the Trading Advisor, or (ii) at any time upon prior written notice to the Trading Advisor upon the occurrence of any of the following events: (A) if any person described as a "principal" of the Trading Advisor in the Prospectus ceases for any reason to be an active "principal" of the Trading Advisor; (B) if the Trading Advisor becomes bankrupt or insolvent; (C) if the Trading Advisor is unable to use its trading systems or methods as in effect on the date hereof and as modified in the future for the benefit of the Trading Company; (D) if the registration, as a commodity trading advisor, of the Trading Advisor with the CFTC or its membership in the NFA is revoked, suspended, terminated, or not renewed, or limited or qualified in any respect; (E) except as provided in Section 12 hereof, if the Trading Advisor merges or consolidates with, or sells or otherwise transfers its advisory business, or all or a substantial portion of its assets, any portion of its futures interest trading systems or methods, or its goodwill to, any individual or entity; (F) if, at any time, the Trading Advisor violates any Trading Policy or administrative policy, except with the prior express written consent of the Managing Member; or (G) if the Trading Advisor fails in a material manner to perform any of its obligations under this Agreement. (c) The Trading Advisor may terminate this Agreement at any time, upon thirty days' prior written notice to the Trading Company and Managing Member, in the event: (A) that the Managing Member imposes additional trading limitation(s) in the form of one or more Trading Policies or administrative policies that the Trading Advisor does not consent to, such consent not to be unreasonably withheld; (B) the Managing Member objects to the Trading Advisor implementing a proposed material change to the Trading Program and the Trading Advisor certifies to the Managing Member in writing that it believes such change is in the best interests of the Trading Company; (C) the Managing Member or the Trading Company materially breaches this Agreement and does not correct the breach within ten days of receipt of a written notice of such breach from the Trading Advisor; (D) the Assets fall below a level at which the Trading Advisor cannot effectively implement the Trading Program; (E) the Trading Company becomes bankrupt or insolvent, or (F) the registration of the Managing Member with the CFTC as a commodity pool operator or its membership in the NFA is revoked, suspended, terminated or not renewed, or limited or qualified in any respect. If the Managing Member or Trading Company merges, consolidates or sells a substantial portion of its assets pursuant to Section 11 of this Agreement, the Trading Advisor may terminate this Agreement upon prior written notice to the Managing Member and Trading Company. 9 CONFIDENTIAL TREATMENT REQUESTED. Confidential portions of this document have been redacted and have been separately filed with the Commission. (d) Except as otherwise provided in this Agreement, any termination of this Agreement in accordance with this Section 6 shall be without penalty or liability to any party, on account of such termination. (e) The indemnities set forth in Section 7 hereof shall survive any termination of this Agreement. View More

Term. The initial term of this Agreement shall commence on May 1, 2015 and continue through December 31, 2018, subject to termination or extension as provided herein. This Agreement shall automatically renew from year to year thereafter, unless either party gives at least 120 days prior written notice of its election to either terminate or to renegotiate the terms of this Agreement at the end of the initial term or any then current renewal term.

Term. In accordance with the provisions of Section 13.01 of the Advisory Agreement, the term of the Advisory Agreement is hereby renewed for an additional one-year term, and notwithstanding the language in Section 13.01 of the Advisory Agreement is acknowledged and agreed by the Parties to be a one-year term commencing December 20, 2016 and ending December 19, 2017.2. Ratification; Effect on Advisory Agreement. The Advisory Agreement shall remain in full force and effect and is hereby confirmed in... all respects. On and after the date hereof, each reference in the Advisory Agreement to "this Agreement," "herein," "hereof," or words of similar import will mean and be a reference to the Advisory Agreement as renewed hereby.3. Modification. This Agreement shall not be changed, modified, terminated, or discharged, in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assignees.4. Construction; Consent to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to principles of conflicts of laws. Any suit involving any dispute or matter arising under this Agreement may only be brought in the federal or state courts located in the State of Delaware. Each of the parties hereto consents to the exercise of personal jurisdiction by such courts with respect to all such proceedings. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY AND VOLUNTARILY WAIVES ANY AND ALL RIGHTS TO A JURY TRIAL, TO THE FULLEST EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST, IN ANY PROCEEDING, CLAIM, COUNTER-CLAIM OR OTHER ACTION INVOLVING ANY DISPUTE OR MATTER ARISING UNDER THIS AGREEMENT.5. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. This Agreement shall become binding when the counterparts hereof, taken together, bear the signatures of all of the parties reflected hereon as the signatories. View More

Term. Executive's employment hereunder will be effective as of the Effective Date and will continue until the third anniversary thereof, unless terminated earlier pursuant to Section 5 below; provided that, on such third anniversary of the Effective Date and each annual anniversary thereafter (such date and each annual anniversary thereof, a "Renewal Date"), this Agreement will be deemed to be automatically extended, upon the same terms and conditions, for successive periods of one year, unless... either party provides written notice of its intention not to extend the term of this Agreement at least 30 days prior to the applicable Renewal Date. The period during which Executive is employed by the Company hereunder is hereinafter referred to as the "Employment Term." 2. Position and Duties. 2.1 Position. During the Employment Term, Executive will serve as the Chief Operating Officer of the Company, reporting to the Company's Chief Executive Officer. In such position, Executive will provide oversight for all the Company's daily operations, including primary responsibility for the Company's subsidiary, Eagle Spirit Land and Water Company. 2.2 Duties. During the Employment Term, subject to Section 4.1(a), Executive will devote substantially all of Executive's business time and attention to the performance of Executive's duties hereunder and will not, without the prior written consent of the Board of Directors of the Company (the "Board"), engage in any other business activities that materially conflict or interfere with the performance of such services or which engage in competition with the Company during the term of this Agreement. 1 3. Place of Performance. The principal place of Executive's employment will be the Company's principal executive office currently located at 9101 LBJ Freeway, Suite 200, Dallas, Texas 75243. View More

Term. The Executive's engagement shall commence no later than March 5, 2018 (the "Effective Date") and shall continue through the third anniversary of the Effective Date (the "Term") unless otherwise terminated as provided herein. In the event that the Executive remains an employee of the Company following expiration of the Term and this Agreement is not extended, he shall be an employee "at will" and shall not be (i) at any time during or following such "at will" employment, entitled to any of the... benefits under this Agreement, or (ii) at any time following such "at will employment", subject to any of the restrictions (other than the undertakings contained in Section 6 and the provisions of Section 10, in each case, which shall survive any termination or non-renewal of this Agreement), contained in this Agreement (including, but not limited to, the non-solicitation provisions contained in Section 7). If the Company does not intend to continue Executive's employment following the expiration of the Term, it shall notify Executive, in writing, by no later than six (6) months prior to the expiration of the Term. View More

Term. Subject to the provisions of termination as hereinafter provided, the initial term of the Executive's employment under this Agreement shall begin on the Effective Date and shall terminate on December 31, 2020 (the "Initial Term"). Unless the Company notifies the Executive that the Executive's employment under this Agreement will not be extended or the Executive notifies the Company that the Executive is not willing to extend the Executive's employment, the term of the Executive's employment... under this Agreement shall automatically be extended for a single additional one (1) year period on the same terms and conditions as set forth herein (the "Renewal Term"). The Initial Term and the Renewal Term (if any) are sometimes referred to collectively herein as the "Term." 3. Notice of Non-Renewal. The Company or the Executive may elect not to extend the Executive's employment under this Agreement by notifying the other party in writing not less than sixty (60) days prior to the expiration of the Initial Term or the Renewal Term. For the purposes of this Agreement, the election by the Company not to extend the Executive's employment hereunder for the Renewal Term shall be deemed a termination of the Executive's employment without "Cause," as hereinafter defined. View More

Term. (a) Unless earlier terminated as set forth herein, this Agreement will continue in full force and effect for a term expiring on June 16, 2018, unless extended by the Company and the Placement Agent (the "Term"). Certain provisions of this Agreement survive the termination of this Agreement as expressly provided elsewhere herein. (b) Prior to the end of the Term, (i) the Company may terminate this Agreement immediately and without notice in the event of a material breach of this Agreement by the... Placement Agent, and (ii) either party may terminate this Agreement upon 5 (five) business days prior written notice to the other party for any reason. In the event the Company terminates this Agreement, the Placement Agent will be entitled to all applicable Cash Fees and Equity Compensation provided for in Section 2 hereof, earned prior to such termination, and, if the Company terminates this Agreement pursuant to Section 3(b)(ii), the Placement Agent will also be entitled to its non-accountable expenses of $25,000 as contemplated by Section 9 hereof. 2 (c) In the event that the Company consummates a sale of its securities (whether debt or equity) to a Qualified Investor within the twelve (12) month period immediately following the date of termination or expiration of this Agreement (the "Tail Period") pursuant to which the Placement Agent would have been entitled to the compensation set forth in Section 2 of this Agreement had the sale occurred during the term of this Agreement, then at the closing of each such investment during the Tail Period, the Company shall pay the Placement Agent the compensation as set forth in Section 2 hereof (including PA Warrants), in the amounts equal to the compensation that the Placement Agent would have earned from such investments had the Company closed on such investments prior to the termination of this Agreement. View More

Term. This Agreement shall commence as of the date hereof and shall continue until terminated in accordance with Sections 7 and 8 below.

Term. The Term of this Agreement shall commence on December 9, 2022 and shall expire on December 8, 2025 unless sooner terminated in accordance with the provisions of Section 5 hereof; provided, however, that the term of this Agreement may be extended by mutual agreement. The period from the commencement of the term of this Agreement to the date of its expiration or sooner termination shall be considered to be the "Employment Period" hereunder. AT THE END OF THE EMPLOYMENT PERIOD, THIS AGREEMENT MAY... BE EXTENDED FOR AN ADDITIONAL YEAR BY WRITTEN MUTUAL CONSENT OF THE PARTIES HERETO. View More

Term. This Agreement shall commence on the date hereof and shall continue until terminated in accordance with the provisions of Section 4 (such period, the "Consultation Period").