Common use of Confidential and Proprietary Information Clause in Contracts

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund and not to use, sell, transfer, or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the Fund, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the Fund. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, and procedural safeguards reasonably designed to protect the security, confidentiality, and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund and its current and former shareholders.

Appears in 79 contracts

Samples: Distribution Agreement (Sphinx Opportunity Fund II), Distribution Agreement (Alpha Alternative Assets Fund), Distribution Agreement (Accordant ODCE Index Fund)

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Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Trust and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund Trust and not to use, sell, transfer, or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundTrust, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundTrust. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, and procedural safeguards reasonably designed to protect the security, confidentiality, and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund Trust and its current and former shareholders.

Appears in 35 contracts

Samples: Distribution Agreement (EA Series Trust), Form of Distribution Agreement (EA Series Trust), Distribution Agreement (Direxion Shares ETF Trust)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Funds and its their current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund Funds and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundTrust, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, regulatory or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundTrust. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, electronic and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund Funds and its their current and former shareholders.

Appears in 20 contracts

Samples: Distribution Agreement (Litman Gregory Funds Trust), Alps Series Trust (ALPS Series Trust), Distribution Agreement (ALPS Series Trust)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundTrust, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, regulatory or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundTrust. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, electronic and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund and its current and former shareholders.

Appears in 16 contracts

Samples: Pricing Services Agreement, Pricing Services Agreement (ALPS Series Trust), Distribution Agreement (ALPS Series Trust)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Trust and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund Trust and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundTrust, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundTrust. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund Trust and its current and former shareholders.

Appears in 15 contracts

Samples: Alps Etf Trust Fund Accounting and Services Agreement (ALPS ETF Trust), Elevation Etf Trust Fund Accounting and Services Agreement (Elevation ETF Trust), Elevation Etf Trust Fund Accounting and Services Agreement (Elevation ETF Trust)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the Fund, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the Fund. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund and its current and former shareholders.

Appears in 13 contracts

Samples: Pricing Services Agreement, Bookkeeping and Pricing Services Agreement (Resource Credit Income Fund), Administration, Bookkeeping And (Griffin Institutional Access Real Estate Fund)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund Trust and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundTrust, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundTrust. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, electronic and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund and its current and former shareholders.

Appears in 9 contracts

Samples: Distribution Agreement (Financial Investors Trust), Distribution Agreement (Financial Investors Trust), Distribution Agreement (Financial Investors Trust)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Trust and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund Trust and not to use, sell, transfer, or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundTrust, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundTrust. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, and procedural safeguards reasonably designed to protect the security, confidentiality, and integrity of, and to prevent unauthorized access to or use of records and information relating to the a Fund and its current and former shareholders.

Appears in 7 contracts

Samples: Distribution Agreement (Pointbreak ETF Trust), Distribution Agreement (Pointbreak ETF Trust), Distribution Agreement (Pointbreak ETF Trust)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Funds and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund Trust and not to use, sell, transfer, or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundTrust, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundTrust. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, and procedural safeguards reasonably designed to protect the security, confidentiality, and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund Funds and its current and former shareholders.

Appears in 7 contracts

Samples: Distribution Agreement (Hartford Funds NextShares Trust), Distribution Agreement (Columbia ETF Trust I), Distribution Agreement (Hartford Funds Exchange-Traded Trust)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Trust and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund Trust and not to use, sell, transfer, or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundTrust, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, regulatory or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundTrust. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund Trust and its current and former shareholders.

Appears in 4 contracts

Samples: Distribution Agreement (Wesmark Funds), Distribution Agreement (Wesmark Funds), Distribution Agreement (Wesmark Funds)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund Cortina and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundCortina, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundCortina. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, electronic and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund and its current and former shareholders.

Appears in 4 contracts

Samples: Distribution Agreement (Cortina Funds, Inc.), Distribution Agreement (Cortina Funds, Inc.), Distribution Agreement (Cortina Funds, Inc.)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Funds and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund Funds and not to use, sell, transfer, or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the a Fund, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the a Fund. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, and procedural safeguards reasonably designed to protect the security, confidentiality, and integrity of, and to prevent unauthorized access to or use of records and information relating to the a Fund and its current and former shareholders.

Appears in 4 contracts

Samples: Distribution Agreement (North American Government Bond Fund Inc), Distribution Agreement (Isi Strategy Fund Inc), Distribution Agreement (Managed Municipal Fund Inc)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Trust and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund Trust and not to use, sell, transfer, or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundTrust, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundTrust. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, and procedural safeguards reasonably designed to protect the security, confidentiality, and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund and its current and former shareholders.

Appears in 3 contracts

Samples: Distribution Agreement (Natixis ETF Trust II), Distribution Agreement (Natixis ETF Trust), Distribution Agreement (Natixis ETF Trust)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Funds and its their current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund Trust and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundTrust, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, regulatory or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundTrust. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, electronic and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund Funds and its their current and former shareholders.

Appears in 3 contracts

Samples: Associates Funds (Oak Associates Funds), Associates Funds (Oak Associates Funds), Pricing Services Agreement (Oak Associates Funds)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Company and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund Company and not to use, sell, transfer, or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundCompany, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundCompany. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, and procedural safeguards reasonably designed to protect the security, confidentiality, and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund Company and its current and former shareholders.

Appears in 2 contracts

Samples: Distribution Agreement (Meridian Fund Inc), Distribution Agreement (TXF Funds Inc)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Funds and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund Trust and not to use, sell, transfer, or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundTrust, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundTrust. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, and procedural safeguards reasonably designed to protect the security, confidentiality, and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund Funds and its their current and former shareholders.

Appears in 2 contracts

Samples: Distribution Agreement (Financial Investors Trust), Distribution Agreement (Trust for Professional Managers)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the a Fund and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundTrust, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, regulatory or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundTrust. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, electronic and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the a Fund and its current and former shareholders.

Appears in 2 contracts

Samples: Distribution Agreement (USCF ETF Trust), Uscf Etf Trust (USCF ETF Trust)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Portfolios and its their current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the Fund, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, regulatory or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the Fund. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund Portfolios and its their current and former shareholders.

Appears in 2 contracts

Samples: Pricing Services Agreement, Pricing Services Agreement (Financial Investors Trust)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Funds and its their current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundTrust, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, regulatory or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundTrust. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, electronic and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund Funds and its their current and former shareholders.

Appears in 2 contracts

Samples: Bookkeeping and Pricing Services Agreement (Financial Investors Trust), Pricing Services Agreement (Financial Investors Trust)

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Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the each Fund and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the a Fund and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundTrust, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, regulatory or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundTrust. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, electronic and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the a Fund and its current and former shareholders.

Appears in 2 contracts

Samples: Pricing Services Agreement (ALPS Series Trust), Pricing Services Agreement (ALPS Series Trust)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Trust and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund Trust and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundTrust, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, regulatory or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundTrust. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, electronic and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund Trust and its current and former shareholders.

Appears in 2 contracts

Samples: Distribution Agreement (Financial Investors Trust), Distribution Agreement (Financial Investors Trust)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Funds and its their current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund Funds and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundAdministrator, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundFunds. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund Funds and its their current and former shareholders.

Appears in 2 contracts

Samples: Sub Administration Agreement (Isi Strategy Fund Inc), Sub Administration Agreement (North American Government Bond Fund Inc)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Funds and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund Funds and not to use, sell, transfer, or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundTrust, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the Fund. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, and procedural safeguards reasonably designed to protect the security, confidentiality, and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund Funds and its current and former shareholders.

Appears in 1 contract

Samples: Distribution Agreement (Elevation ETF Trust)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Trust and its the Funds’ current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund Trust and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundTrust, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, regulatory or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundTrust. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, electronic and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund Trust and its the Funds’ current and former shareholders.

Appears in 1 contract

Samples: Administration, Bookkeeping And (James Advantage Funds)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Portfolios and its their current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the Fund, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the Fund. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, electronic and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund Portfolios and its their current and former shareholders.

Appears in 1 contract

Samples: Financial Investors Trust (Financial Investors Trust)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund and its current shareholders (past, present and former shareholders future) and other information germane thereto, as confidential and as proprietary information of the Fund and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the Fund, which approval shall not be unreasonably withheld. Approval It may not be withheld where ALPS may be exposed to civil, regulatory, regulatory or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when so requested by the Fund. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, electronic and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund and its current past, present and former future shareholders, consumers and customers.

Appears in 1 contract

Samples: Pricing Services Agreement (Macquarie Global Infrastructure Total Return Fund Inc.)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund and its their current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundTrust, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, regulatory or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundTrust. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, electronic and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund and its their current and former shareholders.

Appears in 1 contract

Samples: Pricing Services Agreement (Financial Investors Trust)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund and will not to use, sell, transfer, or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the Fund, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the Fund. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, and procedural safeguards reasonably designed to protect the security, confidentiality, and integrity of, and to prevent unauthorized access to or use of of, records and information relating to the Fund and its current and former shareholders.

Appears in 1 contract

Samples: Distribution Agreement (Brandes Investment Trust)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund and its current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the Fund, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the Fund. When requested to divulge such information by duly constituted authorities, ALPS shall immediately notify the Fund and use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund and its current and former shareholders.

Appears in 1 contract

Samples: Bookkeeping And (Caldwell & Orkin Funds Inc)

Confidential and Proprietary Information. ALPS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all records and information relative to the Fund Funds and its their current and former shareholders and other information germane thereto, as confidential and as proprietary information of the Fund Funds and not to use, sell, transfer, transfer or divulge such information or records to any person for any purpose other than performance of its duties hereunder, except after prior notification to and approval in writing from the FundCortina, which approval shall not be unreasonably withheld. Approval may not be withheld where ALPS may be exposed to civil, regulatory, regulatory or criminal proceedings for failure to comply, when requested to divulge such information by duly constituted authorities, or when requested by the FundCortina. When requested to divulge such information by duly constituted authorities, ALPS shall use reasonable commercial efforts to request confidential treatment of such information. ALPS shall have in place and maintain physical, electronic, electronic and procedural safeguards reasonably designed to protect the security, confidentiality, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to the Fund Funds and its their current and former shareholders.

Appears in 1 contract

Samples: Pricing Services Agreement (Cortina Funds, Inc.)

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