Common use of CONFORMITY WITH LAW; CONFIDENTIALITY Clause in Contracts

CONFORMITY WITH LAW; CONFIDENTIALITY. The Adviser agrees that it will comply with all applicable rules and regulations of all federal regulatory agencies and self-regulatory organizations having jurisdiction over the Funds and/or the Adviser in the performance of its duties hereunder. The Adviser (i) shall treat confidentially and as proprietary information of the Funds all records and other information relating to the Funds and prior, present or potential shareholders (except with respect to clients of the Adviser) and any Nonpublic Personal Information, as defined under Section 248.3(t) of Regulation S-P (“Regulation S-P”), promulgated under the Xxxxx-Xxxxx-Xxxxxx Act (the “GLB Act”), and (ii) except after prior notification to and approval in writing from the Trust, shall not use such records and information for any purpose other than performance of its responsibilities and duties hereunder, or as otherwise permitted by Regulation S-P or the GLB Act, and if in compliance therewith, the privacy policies adopted by the Trust and communicated in writing to the Adviser. Such written approval shall not be unreasonably withheld by the Trust and may not be withheld where the Adviser may be exposed to civil or criminal contempt or other proceedings for failure to comply after being requested to divulge such information by duly constituted authorities.