Common use of Contracts Advertising Material Clause in Contracts

Contracts Advertising Material. No piece of marketing, advertising or sales literature or other promotional material in which the Company is named shall be used by the Trust or the Distributor, except with the prior written consent of the Company. Any such piece shall be furnished to the Company for such consent prior to its use. The Company shall respond to any request for written consent on a prompt and timely basis, but failure to respond shall not relieve the Trust or the Distributor of the obligation to obtain the prior written consent of the Company and failure to respond to the Trust or the Distributor within three business days shall be deemed as the Company's consent to the use of such sales or marketing literature. After receiving the Company's consent to the use of any such material, no further changes may be made without obtaining the Company's consent to such changes. The Company may at any time in its sole discretion revoke any written consent, and upon notification of such revocation, neither the Trust nor the Distributor shall use the material subject to such revocation. The Company, upon prior written notice to the Trust, may delegate its rights and responsibilities under this provision to the principal underwriter for the Contracts.

Contracts Advertising Material. No piece of marketing, advertising or sales literature or other promotional material in which the Company is named shall be used by the Trust or the Distributor, except with the prior written consent of the Company. Any , which consent shall not be unreasonably withheld; provided that such piece prior written consent shall not be furnished to required if the Trust receives a written or facsimile acknowledgement that such material has been received by the Company for such consent review at least 10 Business Days prior to its use. The Company shall respond to any request for written consent on a prompt and timely basisuse and, but failure to respond shall not relieve after the Trust or the Distributor expiration of the obligation to obtain the prior written consent of such 10 Business Day period, the Company has not commented upon the content of such material and failure is therefore deemed to respond to the Trust or the Distributor within three business days shall be deemed as the Company's consent to the use of such sales or marketing literature. After receiving the Company's consent to the use of any such material, no further changes may be made without obtaining the Company's consent to such changesits use. The Company may at any time in its sole discretion revoke any written consentconsent upon reasonable determination that such revocation is necessary, and upon notification of such revocation, neither the Trust nor and the Distributor shall discontinue use of the material subject to such revocation, it being understood that Trust and Distributor shall be afforded a reasonable period of time to discontinue such use. The Company, upon prior written notice to the Trust, may delegate its rights and responsibilities under this provision to the principal underwriter for the Contracts.