Common use of Customer Names Proprietary to Financial Institution Clause in Contracts

Customer Names Proprietary to Financial Institution. (a) The names of Financial Institution's customers are and shall remain Financial Institution's sole property and shall not be used by Distributor or its affiliates for any purpose except the performance of their respective duties and responsibilities under this Agreement and except for servicing and informational mailings relating to the Funds. Notwithstanding the foregoing, this Paragraph shall not prohibit Distributor or any of its affiliates from utilizing the names of Financial Institution's customers for any purpose if the names are obtained in any manner other than from Financial Institution pursuant to this Agreement. (b) Neither party shall use the name of the other party in any manner without the other party's written consent, except as required by any applicable federal or state law, rule or regulation, and except pursuant to any mutually agreed upon promotional programs. (c) The provisions of this Paragraph shall survive the termination of this Agreement.

Appears in 4 contracts

Samples: Mutual Funds Sales and Service Agreement (Vision Group of Funds), Sales Contracts (Banknorth Funds), Sales Contracts (Vision Group of Funds)

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Customer Names Proprietary to Financial Institution. (a) The names of Financial Institution's customers are and shall remain Financial Institution's sole property and shall not be used by Distributor Freedom or its affiliates for any purpose except the performance of their respective duties and responsibilities under this Agreement and except for servicing and informational mailings relating to the Funds. Notwithstanding the foregoing, this Paragraph 13 shall not prohibit Distributor Freedom or any of its affiliates from utilizing the names of Financial Institution's customers for any purpose if the names are obtained in any manner other than from Financial Institution pursuant to this Agreement. (b) Neither party shall use the name of the other party in any manner without the other party's written consent, except as required by any applicable federal or state law, rule or regulation, and except pursuant to any mutually agreed upon promotional programs. (c) The provisions of this Paragraph 13 shall survive the termination of this Agreement.

Appears in 2 contracts

Samples: Sales Contracts (Fundmanager Portfolios), Sales Contracts (Fundmanager Portfolios)

Customer Names Proprietary to Financial Institution. (a) The names of Financial Institution's customers are and shall remain Financial Institution's sole property and shall not be used by Distributor FSC, or its affiliates for any purpose except the performance of their respective duties and responsibilities under this Agreement and except for servicing and informational mailings relating to the Funds. Notwithstanding the foregoing, this Paragraph 14 shall not prohibit Distributor FSC, or any of its affiliates from utilizing the names of Financial Institution's customers for any purpose if the names are obtained in any manner other than from Financial Institution pursuant to this Agreement. (b) Neither party shall use the name of the other party in any manner without the other party's written consent, except as required by any applicable federal or state law, rule or regulation, and except pursuant to any mutually agreed upon promotional programs. (c) The provisions of this Paragraph 11 shall survive the termination of this Agreement.

Appears in 2 contracts

Samples: Sales and Service Agreement (Wachovia Variable Insurance Funds), Mutual Funds Sales and Service Agreement (Wachovia Variable Insurance Funds)

Customer Names Proprietary to Financial Institution. (a) The names of Financial Institution's customers are and shall remain Financial Institution's sole property and shall not be used by Distributor ESI, or its affiliates for any purpose except the performance of their respective duties and responsibilities under this Agreement and except for servicing and informational mailings relating to the Funds. Notwithstanding the foregoing, this Paragraph 6 shall not prohibit Distributor ESI, or any of its affiliates from utilizing the names of Financial Institution's customers for any purpose if the names are obtained in any manner other than from Financial Institution pursuant to this Agreement. (b) Neither party shall use the name of the other party in any manner without the other party's written consent, except as required by any applicable federal or state law, rule or regulation, and except pursuant to any mutually agreed upon promotional programs. (c) The provisions of this Paragraph 6 shall survive the termination of this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Marshall Funds Inc), Sales Agreement (Marshall Funds Inc)

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Customer Names Proprietary to Financial Institution. (a) The names of Financial Institution's customers are and shall remain Financial Institution's sole property and shall not be used by Distributor ESI, or its affiliates for any purpose except the performance of their respective duties and responsibilities under this Agreement and except for servicing and informational mailings relating to the Funds. Notwithstanding the foregoing, this Paragraph 8 shall not prohibit Distributor ESI, or any of its affiliates from utilizing the names of Financial Institution's customers for any purpose if the names are obtained in any manner other than from Financial Institution pursuant to this Agreement. (b) Neither party shall use the name of the other party in any manner without the other party's written consent, except as required by any applicable federal or state law, rule or regulation, and except pursuant to any mutually agreed upon promotional programs. (c) The provisions of this Paragraph 8 shall survive the termination of this Agreement.

Appears in 2 contracts

Samples: Sales Agreement (Marshall Funds Inc), Sales Agreement (Marshall Funds Inc)

Customer Names Proprietary to Financial Institution. (a) The names of Financial Institution's customers are and shall remain Financial Institution's sole property and shall not be used by Distributor Edgewood, or its affiliates for any purpose except the performance of their respective duties and responsibilities under this Agreement and except for servicing and informational mailings relating to the Funds. Notwithstanding the foregoing, this Paragraph 14 shall not prohibit Distributor Edgewood, or any of its affiliates from utilizing the names of Financial Institution's customers for any purpose if the names are obtained in any manner other than from Financial Institution pursuant to this Agreement. (b) Neither party shall use the name of the other party in any manner without the other party's written consent, except as required by any applicable federal or state law, rule or regulation, and except pursuant to any mutually agreed upon promotional programs. (c) The provisions of this Paragraph 14 shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Mutual Fund Sales and Service Agreement (Riverfront Funds / Nj)

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