Common use of Confidentiality Obligations of the Adviser and the Fund Clause in Contracts

Confidentiality Obligations of the Adviser and the Fund. (a) Subject to subsection (b) below, the Adviser and the Fund each agrees from the commencement of the Effective Date through and including one year after the Maturity Date, or in the case of an Early Termination Event, the Early Termination Date, on behalf of itself and its agents, not to disclose or use for any purpose other than the approval or administration of this Agreement and the exercise of its rights and obligations hereunder any confidential information (including, without limitation, proprietary information as to systems, software and trading methods) (collectively, “Warranty Provider Confidential Information”) provided by the Warranty Provider or the Calculation Agent to the Adviser or the Fund hereunder unless (i) such information was or becomes generally available to the public other than as a result of the Adviser’s or the Fund’s breach of this Article IX; (ii) such information is already in the Adviser’s or the Fund’s possession (other than Warranty Provider Confidential Information provided to the Adviser or the Fund by the Warranty Provider or its representatives), provided that such information is not known by the Adviser or the Fund to be subject to another confidentiality agreement with, or obligation of secrecy to, the Warranty Provider or its representatives; (iii) such information was or becomes available to the Adviser or the Fund on a non-confidential basis from a source other than the Warranty Provider or its representatives; provided that the source is not known by the Adviser or the Fund to be bound by a confidentiality agreement with, or other obligation of secrecy to, the Warranty Provider or its representatives; or (iv) such information is required to be disclosed pursuant to applicable law or in connection with any legal proceedings or to the extent required by a subpoena, order of any court or Government Authority. The Fund and the Adviser shall promptly provide the Warranty Provider with prior written notice of any request or requirement for Warranty Provider Confidential Information to the extent permissible and practicable under the circumstances, so the Warranty Provider may seek a protective order or other appropriate remedy prior to the release of such information by the Fund and/or the Adviser.

Confidentiality Obligations of the Adviser and the Fund. (a) Subject to subsection (b) below, the Adviser and the Fund each agrees from the commencement of the Effective Date Offering Period through and including one year after the Maturity Date, or in the case of an Early Termination Event, the Early Termination Date, on behalf of itself and its agents, not to disclose or use for any purpose other than the approval or administration of this Agreement and the exercise of its rights and obligations hereunder any confidential information (including, without limitation, proprietary information as to systems, software and trading methods) (collectively, “"Warranty Provider Confidential Information”") provided by the Warranty Provider or the Calculation Agent to the Adviser or the Fund hereunder unless (i) such information was or becomes generally available to the public other than as a result of the Adviser’s 's or the Fund’s 's breach of this Article IX; (ii) such information is already in the Adviser’s 's or the Fund’s 's possession (other than Warranty Provider Confidential Information provided to the Adviser or the Fund by the Warranty Provider or its representatives), provided that such information is not known by the Adviser or the Fund to be subject to another confidentiality agreement with, or obligation of secrecy to, the Warranty Provider or its representatives; (iii) such information was or becomes available to the Adviser or the Fund on a non-confidential basis from a source other than the Warranty Provider or its representatives; provided that the source is not known by the Adviser or the Fund to be bound by a confidentiality agreement with, or other obligation of secrecy to, the Warranty Provider or its representatives; or (iv) such information is required to be disclosed pursuant to applicable law or in connection with any legal proceedings or to the extent required by a subpoena, order of any court or Government Authority. The Fund and the Adviser shall promptly provide the Warranty Provider with prior written notice of any request or requirement for Warranty Provider Confidential Information to the extent permissible and practicable under the circumstances, so the Warranty Provider may seek a protective order or other appropriate remedy prior to the release of such information by the Fund and/or the Adviser.

Confidentiality Obligations of the Adviser and the Fund. (a) Subject to subsection (b) below, the Adviser and the Fund each agrees from the commencement of the Effective Date Offering Period through and including one year after the Maturity Date, or in the case of an Early Termination Event, the Early Termination Date, on behalf of itself and its agents, not to disclose or use for any purpose other than the approval or administration of this Agreement and the exercise of its rights and obligations hereunder any confidential information (including, without limitation, proprietary information as to systems, software and trading methods) (collectively, “"Warranty Provider Confidential Information”") provided by the Warranty Provider or the Calculation Agent to the Adviser or the Fund hereunder unless (i) such information was or becomes generally available to the public other than as a result of the Adviser’s 's or the Fund’s 's breach of this Article IX; (ii) such information is already in the Adviser’s 's or the Fund’s 's possession (other than Warranty Provider Confidential Information provided to the Adviser or the Fund by the Warranty Provider or its representatives), provided provided, that such information is not known by the Adviser or the Fund to be subject to another confidentiality agreement with, or obligation of secrecy to, the Warranty Provider or its representatives; (iii) such information was or becomes available to the Adviser or of the Fund on a non-confidential basis from a source other than the Warranty Provider or its representatives; provided provided, that the source is not known by the Adviser or the Fund to be bound by a confidentiality agreement with, or other obligation of secrecy to, the Warranty Provider or its representatives; or (iv) such information is required to be disclosed pursuant to applicable law or in connection with any legal proceedings or to the extent required by a subpoena, order of any court or Government Authority. The Fund and the Adviser shall promptly provide the Warranty Provider with prior written notice of any request or requirement for Warranty Provider Confidential Information to the extent permissible and practicable under the circumstances, so the Warranty Provider may seek a protective order or other appropriate remedy prior to the release of such information by the Fund and/or the Adviser.