Extract to table

Nothing contained herein, and no document produced herewith, shall be construed as a waiver of any such right, privilege, objection, or defense

Upon the effective date of a Fee Waiver Election, the amount of the Management Fee so waived shall be treated for all purposes of this Agreement as a capital contribution by the General Partner to the Partnership, and the General Partner's Capital Account shall be increased by the amount of such waived Management Fee as of the date on which the Management Fee would otherwise have been payable

This means that the General Partner must commit to the waiver before the commencement of the quarter in which the management services will be rendered and the fee will be earned

The General Partner cannot observe the Fund's performance for the quarter and then decide whether to waive — the decision must be made in advance, under conditions of genuine uncertainty about the Fund's future investment results

The production of documents and information in connection with this response does not constitute, and shall not be deemed to constitute, a waiver of any applicable privilege, protection, or objection, whether or not expressly asserted herein