The trial court properly dismissed defendants' counterclaims asserting that plaintiff spent most of its time soliciting subscriptions for other funds in breach of the parties' agreement, and thus forfeited its right to any compensation. Plaintiff did not breach the express terms of paragraph 16 of the 1993 agreement, and cannot be required to forfeit its fees, on breach of fiduciary duty grounds, for doing what paragraph 17 of that agreement expressly gave it the right to...
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