Common use of Marketing Materials Clause in Contracts

Marketing Materials. (a) The Fund shall furnish to the Sub-Adviser, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Sub-Adviser or any of its affiliates is named. No such material shall be used except with prior written permission of the Sub-Adviser or its delegate. The Sub-Adviser agrees to respond to any request for approval on a prompt and timely basis. Failure by the Sub-Adviser to respond within ten (10) calendar days to the Fund shall relieve the Fund of the obligation to obtain the prior written permission of the Sub-Adviser. (b) The Sub-Adviser shall furnish to the Fund, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Fund, the Adviser or any of the Adviser's affiliates is named. No such material shall be used except with prior written permission of the Fund or its delegate. The Fund agrees to respond to any request for approval on a prompt and timely basis. Failure by the Fund to respond within ten (10) calendar days to the Sub-Adviser shall relieve the Sub-Adviser of the obligation to obtain the prior written permission of the Fund. (c) Sub-Adviser agrees that, for so long as Sub-Adviser is the sole sub-adviser of the Fund, the Sub-Adviser grants the Fund and the Adviser a non-exclusive, non-assignable, non-sublicensable royalty-free right to use the name "X.X. Xxxxxx" in the name of the Fund and that such use of the name "X.X. Xxxxxx" may include use of the name in prospectuses, reports, and sales materials. The Adviser and the Fund shall include appropriate trademark credit lines and notice symbols as reasonably directed by the Sub-Adviser. All use of the name X. X. Xxxxxx shall inure to the benefit of its owner, JPMorgan Chase & Co. Upon termination of this Agreement, the Adviser and the Fund shall forthwith cease to use the name of X.X. Xxxxxx (or any derivative or logo) as appropriate and to the extent that continued use is not required by applicable laws, rules and regulations.

Appears in 3 contracts

Samples: Sub Advisory Agreement (Lincoln Variable Insurance Products Trust), Sub Advisory Agreement (Lincoln Variable Insurance Products Trust), Sub Advisory Agreement (Lincoln Variable Insurance Products Trust)

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Marketing Materials. (a) The Adviser agrees that the names of the Sub-Adviser and its affiliates and any of their logos, trademarks, service marks, trade names or any derivatives thereof (collectively, "Sub-Adviser Names") are the valuable property of the Sub-Adviser and its affiliates. The Adviser and the Trust may use the name of the Sub-Adviser to identify it as the sub-adviser of the Fund shall furnish as required by law or regulation. Any other use of a Sub-Adviser Name must be pre-approved in writing by the Sub-Adviser prior to the first such use. Once approved in writing by the Sub-Adviser, prior to its use, each piece of advertising, supplemental sales literature or other promotional any material change in which the Sub-Adviser or any of its affiliates is named. No such material shall be used except with prior written permission use of the Sub-Adviser or its delegateName requires prior approval in writing by the Sub-Adviser. The Sub-Adviser agrees to respond to any request for approval under this section on a prompt and timely basis. Failure by the Sub-Adviser to respond within ten (10) calendar days to the Fund shall relieve the Fund of the obligation to obtain the prior written permission of the Sub-Adviser. (b) The Sub-Adviser shall furnish to the Fund, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Fund, the Adviser or any of the Adviser's affiliates is named. No such material shall be used except with prior written permission of the Fund or its delegate. The Fund agrees to respond to any request for approval on a prompt and timely basis. Failure by the Fund to respond within ten (10) calendar days to the Sub-Adviser shall relieve the Sub-Adviser of the obligation to obtain the prior written permission of the Fund. (c) Sub-Adviser agrees that, for so long as Sub-Adviser is the sole sub-adviser of the Fund, the Sub-Adviser grants the Fund and the Adviser a non-exclusive, non-assignable, non-sublicensable royalty-free right to use the name "X.X. Xxxxxx" in the name of the Fund and that such use of the name "X.X. Xxxxxx" may include use of the name in prospectuses, reports, and sales materials. The Adviser and the Fund shall include appropriate trademark credit lines and notice symbols as reasonably directed by the Sub-Adviser. All use of the name X. X. Xxxxxx shall inure to the benefit of its owner, JPMorgan Chase & Co. Upon termination of this Agreement, the Adviser and the Fund Trust shall forthwith cease to use all Sub-Adviser Names except as may be required by law or regulation. The Adviser acknowledges that the name Sub-Adviser and its affiliates could suffer irreparable harm from unauthorized use of X.X. Xxxxxx its trademarks, service marks, logos or trade names for which monetary damages could be inadequate and therefore would be entitled to seek injunctive relief. (b) The Sub-Adviser agrees that the names of the Fund, Adviser and their affiliates and any of their logos, trademarks, service marks, trade names or any derivative derivatives thereof (collectively, "Adviser Names") are the valuable property of the Adviser and its affiliates. The Sub-Adviser may use the Adviser Names to identify it as a sub-adviser or logo) as appropriate and service provider to the extent that continued Fund. Any other use is not of Adviser Names must be pre-approved in writing by the Adviser prior to use. Once approved in writing by the Adviser, any material change in the use of the Adviser Names requires prior approval in writing by the Adviser. The Adviser agrees to respond to any request for approval under this section on a prompt and timely basis. Upon termination of this Agreement, the Sub-Adviser shall cease to use all Adviser Names except as may be required by applicable lawslaw or regulation. The Sub-Adviser acknowledges that the Adviser, rules the Trust and regulationstheir affiliates could suffer irreparable harm from unauthorized use of their trademarks, service marks, logos or trade names for which monetary damages could be inadequate and therefore would be entitled to seek injunctive relief.

Appears in 3 contracts

Samples: Sub Advisory Agreement (Lincoln Variable Insurance Products Trust), Sub Advisory Agreement (Lincoln Variable Insurance Products Trust), Sub Advisory Agreement (Lincoln Variable Insurance Products Trust)

Marketing Materials. (a) The Fund shall furnish to the Sub-Adviser, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Sub-Adviser or any of its affiliates is named; it being understood that the Sub-Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of any applicable laws and regulations. No such material shall be used except with prior written permission of the Sub-Adviser or its delegate. The Sub-Adviser agrees to respond to any request requests for approval on a prompt and timely basis. Failure by If the Sub-Adviser fails to respond to such a request within ten business days, the Fund shall be entitled to use such material; provided that the Sub-Adviser reserves the right to reasonably object to the continued use of any such advertising, supplemental sales literature or other promotional material in which the Sub-Adviser is named, and no such material shall be used if the Sub-Adviser so objects. It is understood that the name “Pacific Investment Management Company LLC” or “PIMCO” or any derivative thereof and certain trade names, trademarks, service marks and/or logos associated with such names (“PIMCO Marks”) are the valuable property of PIMCO and its affiliates. The Adviser, Trust and Funds may use the PIMCO Marks in the offering materials of the Managed Portion with the prior written approval of PIMCO, which approval shall not be unreasonably withheld or delayed for so long as PIMCO is the Sub-Adviser to respond within ten (10) calendar days the Managed Portion. The permission to use the Fund shall relieve PIMCO Marks is non-exclusive, non-transferable and non-assignable. In obtaining permission to use the Fund PIMCO Marks for this purpose, the Manager, Trust and/or Funds will acquire no right, title, or interest whatsoever to any of the obligation PIMCO Marks. The Manager, Trust and/or Funds shall not edit, excerpt or modify the PIMCO Marks in any way. Upon termination of this Agreement, the Adviser, Trust, and Funds shall immediately cease to obtain the prior written permission of the Sub-Adviseruse such name (or derivative or logo), except as may be required by law or regulation. (b) The Sub-Adviser shall furnish to the Fund, prior to its use, each piece of the Sub-Adviser’s advertising, supplemental sales literature or other promotional material in which the Fund, the Adviser or any of the Adviser's ’s affiliates is named; it being understood that the Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of any applicable laws and regulations. No such material shall be used except with prior written permission of the Fund or its delegate. The Fund agrees to respond to any request requests for approval on a prompt and timely basis. Failure by The Adviser reserves the Fund right to respond within ten (10) calendar days reasonably object to the Sub-Adviser shall relieve continued use of any such advertising, supplemental sales literature or other promotional material in which the Sub-Adviser of the obligation to obtain the prior written permission of the Fund. (c) Sub-Adviser agrees that, for so long as Sub-Adviser is the sole sub-adviser of the Fundnamed, the Sub-Adviser grants the Fund and no such material shall be used if the Adviser a non-exclusive, non-assignable, non-sublicensable royalty-free right to use the name "X.X. Xxxxxx" in the name of the Fund and that such use of the name "X.X. Xxxxxx" may include use of the name in prospectuses, reports, and sales materials. The Adviser and the Fund shall include appropriate trademark credit lines and notice symbols as reasonably directed by the Sub-Adviser. All use of the name X. X. Xxxxxx shall inure to the benefit of its owner, JPMorgan Chase & Co. Upon termination of this Agreement, the Adviser and the Fund shall forthwith cease to use the name of X.X. Xxxxxx (or any derivative or logo) as appropriate and to the extent that continued use is not required by applicable laws, rules and regulationsso objects.

Appears in 2 contracts

Samples: Sub Advisory Agreement (Lincoln Variable Insurance Products Trust), Sub Advisory Agreement (Lincoln Variable Insurance Products Trust)

Marketing Materials. (a) The Sub-Adviser shall furnish to the Fund, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Fund, the Adviser or any of the Adviser's affiliates is named. No such material shall be used except with prior written permission of the Fund or its delegate. The Fund agrees to respond to any request for approval on a prompt and timely basis. Failure by the Fund to respond within ten (10) calendar days to the Sub-Adviser shall relieve the Sub-Adviser of the obligation to obtain the prior written permission of the Fund. If the Sub-Adviser makes an unauthorized use of the names, derivatives, logos, trademarks, service marks or trade names of the Fund or the Adviser, the parties acknowledge that these entities shall suffer irreparable hardship for which monetary damages are inadequate and thus, the Fund or the Adviser, as applicable, will be entitled to injunctive relief. (b) The Fund shall furnish to the Sub-Adviser, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Sub-Adviser or any of its affiliates is named. No such material shall be used except with prior written permission of the Sub-Adviser or its delegate. The Sub-Adviser agrees to respond to any request for approval on a prompt and timely basis. Failure by the Sub-Adviser to respond within ten (10) calendar days to the Fund shall relieve the Fund of the obligation to obtain the prior written permission of the Sub-Adviser. (b) The Sub-Adviser shall furnish to the Fund, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Fund, . If the Adviser or any the Fund makes an unauthorized use of the Sub-Adviser's affiliates is named. No such material shall be used except with prior written permission of names, derivatives, logos, trademarks, service marks or trade names, the Fund or its delegate. The Fund agrees to respond to any request for approval on a prompt and timely basis. Failure by the Fund to respond within ten (10) calendar days to parties acknowledge that the Sub-Adviser shall relieve suffer irreparable hardship for which monetary damages are inadequate and thus, the Sub-Adviser of the obligation will be entitled to obtain the prior written permission of the Fundinjunctive relief. (c) The parties agree that the name of the Sub-Adviser agrees thatAdviser, for so long as Sub-Adviser is the sole sub-adviser names of the Fund, any affiliates of the Sub-Adviser grants and any derivative, logo, trademark, service xxxx or trade name are the Fund and the Adviser a non-exclusive, non-assignable, non-sublicensable royalty-free right to use the name "X.X. Xxxxxx" in the name valuable property of the Fund and that such use of the name "X.X. Xxxxxx" may include use of the name in prospectuses, reports, and sales materials. The Adviser and the Fund shall include appropriate trademark credit lines and notice symbols as reasonably directed by the Sub-AdviserAdviser and its affiliates. All use of the name X. X. Xxxxxx shall inure to the benefit of its owner, JPMorgan Chase & Co. Upon termination of this Agreement, the Adviser and the Fund shall forthwith as soon as practicable cease to use such name(s), derivatives, logos, trademarks, service marks or trade names. (d) The parties agree that they shall have no responsibility to ensure the name adequacy of X.X. Xxxxxx (the form or content of such advertising, supplemental sales literature or other promotional material for purposes of the 1940 Act or other applicable laws and regulations; provided, however, that each party is responsible for the accuracy of any derivative or logo) as appropriate and information that it gives to the extent that continued use other party which is not required by applicable lawsincluded in such advertising, rules and regulationssupplemental sales literature or other promotional material.

Appears in 2 contracts

Samples: Sub Advisory Agreement (Lincoln Variable Insurance Products Trust), Sub Advisory Agreement (Lincoln Variable Insurance Products Trust)

Marketing Materials. (a) The Fund shall furnish to the Sub-Adviser, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Sub-Adviser or any of its affiliates is named. No such material shall be used except with prior written permission of the Sub-Adviser or its delegate. The Sub-Adviser agrees to respond to any request for approval on a prompt and timely basis. Failure by the Sub-Adviser to respond within ten (10) calendar days of receipt of such promotional material to the Fund shall relieve the Fund of the obligation to obtain the prior written permission of the Sub-Adviser. Notwithstanding the foregoing, the parties agree that the names "Xxxxxxx Xxxxx" and "Mercury" are the names of the Sub-Adviser's affiliates within Xxxxxxx Xxxxx & Co. Inc., and any derivative or logo or trademark or service xxxx or trade name (including, but not limited to, depictions of bulls) (collectivity, "Merrill Name") are the valuable property of the Sub-Adviser and its affiliates and may not be used by the Fund or the Adviser without the Sub-Adviser's prior written approval. Failure by the Sub-Adviser to respond within three (3) business days of receipt of a request to use the Merrill Name shall relieve the Fund or the Adviser of the obligation to obtain the prior written permission of the Sub-Adviser. (b) The Sub-Adviser shall furnish to the Fund, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Fund, the Adviser or any of the Adviser's affiliates is named. No such material shall be used except with prior written permission of the Fund or its delegate. The Fund agrees to respond to any request for approval on a prompt and timely basis. Failure by the Fund to respond within ten (10) calendar days of receipt of such promotional material to the Sub-Adviser shall relieve the Sub-Adviser of the obligation to obtain the prior written permission of the Fund. (c) Sub-Adviser agrees that, for so long as Sub-Adviser is the sole sub-adviser of the Fund, the Sub-Adviser grants the Fund and the Adviser a non-exclusive, non-assignable, non-sublicensable royalty-free right to use the name "X.X. Xxxxxx" in the name of the Fund and that such use of the name "X.X. Xxxxxx" may include use of the name in prospectuses, reports, and sales materials. The Adviser and the Fund shall include appropriate trademark credit lines and notice symbols as reasonably directed by the Sub-Adviser. All use of the name X. X. Xxxxxx shall inure to the benefit of its owner, JPMorgan Chase & Co. Upon termination of this Agreement, the Adviser and the Fund shall forthwith cease to use the name of X.X. Xxxxxx (or any derivative or logo) as appropriate and to the extent that continued use is not required by applicable laws, rules and regulations.

Appears in 2 contracts

Samples: Sub Advisory Agreement (Lincoln Variable Insurance Products Trust), Sub Advisory Agreement (Lincoln Variable Insurance Products Trust)

Marketing Materials. (a) The Sub-Adviser shall furnish to the Fund, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Fund, the Adviser or any of the Adviser’s affiliates is named. No such material shall be used except with prior written permission of the Fund or its delegate. The Fund agrees to respond to any request for approval on a prompt and timely basis. Failure by the Fund to respond within ten (10) calendar days to the Sub-Adviser shall relieve the Sub-Adviser of the obligation to obtain the prior written permission of the Fund. If the Sub-Adviser makes an unauthorized use of the names, derivatives, logos, trademarks, service marks or trade names of the Fund or the Adviser, the parties acknowledge that these entities shall suffer irreparable hardship for which monetary damages are inadequate and thus, the Fund or the Adviser, as applicable, will be entitled to injunctive relief. (b) The Fund shall furnish to the Sub-Adviser, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Sub-Adviser or any of its affiliates is named. No such material shall be used except with prior written permission of the Sub-Adviser or its delegate. The Sub-Adviser agrees to respond to any request for approval on a prompt and timely basis. Failure by the Sub-Adviser to respond within ten (10) calendar days to the Fund shall relieve the Fund of the obligation to obtain the prior written permission of the Sub-Adviser. (b) The Sub-Adviser shall furnish to the Fund, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Fund, . If the Adviser or any the Fund makes an unauthorized use of the Sub-Adviser's affiliates is named. No such material shall be used except with prior written permission of ’s names, derivatives, logos, trademarks, service marks or trade names, the Fund or its delegate. The Fund agrees to respond to any request for approval on a prompt and timely basis. Failure by the Fund to respond within ten (10) calendar days to parties acknowledge that the Sub-Adviser shall relieve suffer irreparable hardship for which monetary damages are inadequate and thus, the Sub-Adviser of the obligation will be entitled to obtain the prior written permission of the Fundinjunctive relief. (c) The parties agree that the name of the Sub-Adviser agrees thatAdviser, for so long as Sub-Adviser is the sole sub-adviser names of the Fund, any affiliates of the Sub-Adviser grants and any derivative, logo, trademark, service xxxx or trade name are the Fund and the Adviser a non-exclusive, non-assignable, non-sublicensable royalty-free right to use the name "X.X. Xxxxxx" in the name valuable property of the Fund and that such use of the name "X.X. Xxxxxx" may include use of the name in prospectuses, reports, and sales materials. The Adviser and the Fund shall include appropriate trademark credit lines and notice symbols as reasonably directed by the Sub-AdviserAdviser and its affiliates. All use of the name X. X. Xxxxxx shall inure to the benefit of its owner, JPMorgan Chase & Co. Upon termination of this Agreement, the Adviser and the Fund shall forthwith as soon as practicable cease to use such name(s), derivatives, logos, trademarks, service marks or trade names. (d) The parties agree that they shall have no responsibility to ensure the name adequacy of X.X. Xxxxxx (the form or content of such advertising, supplemental sales literature or other promotional material for purposes of the 1940 Act or other applicable laws and regulations; provided, however, that each party is responsible for the accuracy of any derivative or logo) as appropriate and information that it gives to the extent that continued use other party which is not required by applicable lawsincluded in such advertising, rules and regulationssupplemental sales literature or other promotional material.

Appears in 2 contracts

Samples: Sub Advisory Agreement (Lincoln Variable Insurance Products Trust), Sub Advisory Agreement (Lincoln Variable Insurance Products Trust)

Marketing Materials. (a) The Fund shall furnish to the Sub-Adviser, prior to its useuse or filing, each piece of advertising, supplemental sales literature or other promotional material, prospectus, statement of additional information, report to shareholders or other material relating to the Trust of Fund in which the name “AQR” and any of the other names of the Sub-Adviser or its affiliated companies and any derivative or logo or trade or service xxxx thereof is used, or information related to the business of the Sub-Adviser or any of its affiliates is nameddisclosed. No such material shall be used except with prior written permission of the Sub-Adviser or its delegate. The Sub-Adviser agrees to respond to any request for approval on a prompt and timely basis. Failure by the Sub-Adviser to respond within ten (10) calendar days to the Fund shall relieve the Fund of the obligation to obtain the Sub-Adviser’s prior written permission permission. Upon termination of this Agreement for any reason, the Adviser shall within 30 days (i) cease and cause the Fund and the Trust to cease all use of the name and xxxx “AQR,” and (ii) take all necessary action to cause the Trust’s Registration Statement and any other relevant documentation to be amended to accomplish a change of name and to reflect that the Sub-AdviserAdviser no longer serves as sub-adviser to the Fund. (b) The Sub-Adviser shall furnish to the Fund, prior to its use, each piece of the Sub-Adviser’s advertising, supplemental sales literature or other promotional material in which the Fund, the Adviser or any of the Adviser's ’s affiliates is named. No such material shall be used except with prior written permission of the Fund or its delegate. The Fund agrees to respond to any request for approval on a prompt and timely basis. Failure by the Fund to respond within ten (10) calendar days to the Sub-Adviser shall relieve the Sub-Adviser of the obligation to obtain the Fund’s prior written permission permission. Adviser hereby consents to the use and disclosure of it, the Trust’s and/or the Fund. (c) ’s name on any affiliated fund list maintained by Sub-Adviser agrees that, for so long as Sub-Adviser is and further acknowledges and consents to the sole sub-adviser distribution of the Fund, the Sub-Adviser grants the Fund and the Adviser a non-exclusive, non-assignable, non-sublicensable royalty-free right such list to use the name "X.X. Xxxxxx" in the name clients or potential clients of the Fund and that such use of the name "X.X. Xxxxxx" may include use of the name in prospectuses, reports, and sales materials. The Adviser and the Fund shall include appropriate trademark credit lines and notice symbols as reasonably directed by the Sub-Adviser. All use of the name X. X. Xxxxxx shall inure to the benefit of its owner, JPMorgan Chase & Co. Upon termination of this Agreement, the Adviser and the Fund shall forthwith cease to use the name of X.X. Xxxxxx (or any derivative or logo) as appropriate and to the extent that continued use is not required by applicable laws, rules and regulations.

Appears in 2 contracts

Samples: Sub Advisory Agreement (Lincoln Variable Insurance Products Trust), Sub Advisory Agreement (Lincoln Variable Insurance Products Trust)

Marketing Materials. (a) The Sub-Adviser shall furnish to the Fund, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Fund, the Adviser or any of the Adviser's affiliates is named. No such material shall be used except with prior written permission of the Fund or its delegate. The Fund agrees to respond to any request for approval on a prompt and timely basis. Failure by the Fund to respond within ten (10) calendar days to the Sub-Adviser shall relieve the Sub-Adviser of the obligation to obtain the prior written permission of the Fund. If the Sub-Adviser makes an unauthorized use of the names, derivatives, logos, trademarks, service marks or trade names of the Fund or the Adviser, the parties acknowledge that these entities shall suffer irreparable hardship for which monetary damages are inadequate and thus, the Fund or the Adviser, as applicable, will be entitled to injunctive relief. (b) The Fund shall furnish to the Sub-Adviser, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Sub-Adviser or any of its affiliates is named. No such material shall be used except with prior written permission of the Sub-Adviser or its delegate. The Sub-Adviser agrees to respond to any request for approval on a prompt and timely basis. Failure by the Sub-Adviser to respond within ten (10) calendar days to the Fund shall relieve the Fund of the obligation to obtain the prior written permission of the Sub-Adviser. (b) The Sub-Adviser shall furnish to the Fund, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Fund, . If the Adviser or any the Fund makes an unauthorized use of the Sub-Adviser's affiliates is named. No such material shall be used except with prior written permission of names, derivatives, logos, trademarks, service marks or trade names, the Fund or its delegate. The Fund agrees to respond to any request for approval on a prompt and timely basis. Failure by the Fund to respond within ten (10) calendar days to parties acknowledge that the Sub-Adviser shall relieve suffer irreparable hardship for which monetary damages are inadequate and thus, the Sub-Adviser of the obligation will be entitled to obtain the prior written permission of the Fundinjunctive relief. (c) The parties agree that the name of the Sub-Adviser agrees thatAdviser, for so long as Sub-Adviser is the sole sub-adviser names of the Fund, any affiliates of the Sub-Adviser grants and any derivative, logo, trademark, service mark or trade name are the Fund and the Adviser a non-exclusive, non-assignable, non-sublicensable royalty-free right to use the name "X.X. Xxxxxx" in the name valuable property of the Fund and that such use of the name "X.X. Xxxxxx" may include use of the name in prospectuses, reports, and sales materials. The Adviser and the Fund shall include appropriate trademark credit lines and notice symbols as reasonably directed by the Sub-AdviserAdvisex xxd its affiliates. All use of the name X. X. Xxxxxx shall inure to the benefit of its owner, JPMorgan Chase & Co. Upon termination of this Agreement, the Adviser and the Fund shall forthwith as soon as practicable cease to use such name(s), derivatives, logos, trademarks, service marks or trade names. (d) The parties agree that they shall have no responsibility to ensure the name adequacy of X.X. Xxxxxx (the form or content of such advertising, supplemental sales literature or other promotional material for purposes of the 1940 Act or other applicable laws and regulations; provided, however, that each party is responsible for the accuracy of any derivative or logo) as appropriate and information that it gives to the extent that continued use other party which is not required by applicable lawsincluded in such advertising, rules and regulationssupplemental sales literature or other promotional material.

Appears in 1 contract

Samples: Interim Sub Advisory Agreement (Lincoln Variable Insurance Products Trust)

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Marketing Materials. (a) The Fund shall furnish to the Sub-Adviser, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Sub-Adviser or any of its affiliates is named. No such material shall be used except with prior written permission of the Sub-Adviser or its delegate. The Sub-Adviser agrees to respond to any request for approval on a prompt and timely basis. , Failure by the Sub-Adviser to respond within ten (10) calendar days to the Fund shall relieve the Fund of the obligation to obtain the prior written permission of the Sub-Adviser. (b) The Sub-Adviser shall furnish to the Fund, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Fund, the Adviser or any of the Adviser's affiliates is named. No such material shall be used except with prior written permission of the Fund or its delegate. The Fund agrees to respond to any request for approval on a prompt and timely basis. Failure by the Fund to respond within ten (10) calendar days to the Sub-Adviser shall relieve the Sub-Adviser of the obligation to obtain the prior written permission of the Fund. (c) Sub-Adviser agrees that, for so long as Sub-Adviser is the sole sub-adviser of the Fund, the Sub-Adviser grants the Fund and the Adviser a non-exclusive, non-assignable, non-sublicensable non­sublicensable royalty-free right to use the name "X.X. Xxxxxx" in the name of the Fund and that such use of the name "X.X. Xxxxxx" may include use of the name in prospectuses, reports, and sales materials. The Adviser and the Fund shall include appropriate trademark credit lines and notice symbols as reasonably directed by the Sub-Adviser. All use of the name X. X. Xxxxxx shall inure to the benefit of its owner, JPMorgan Chase & Co. Upon termination of this Agreement, the Adviser and the Fund shall forthwith cease to use the name of X.X. Xxxxxx (or any derivative or logo) as appropriate and to the extent that continued use is not required by applicable laws, rules and regulations.

Appears in 1 contract

Samples: Sub Advisory Agreement (Lincoln Variable Insurance Products Trust)

Marketing Materials. (a) The Fund shall furnish fumish to the Sub-Adviser, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Sub-Adviser or any of its affiliates is namednatned. No such material mate1ial shall be used except with prior written permission of the Sub-Adviser or its delegate. The Sub-Adviser agrees to respond to any request for approval on a prompt and timely basis. Failure by the Sub-Adviser to respond within ten (10) calendar days to the Fund shall relieve the Fund of the obligation to obtain the prior written permission of the Sub-Adviser's prior Wl"itten permission. (b) The Sub-Adviser shall furnish to the Fund, prior to its use, each piece of the Sub­ Adviser's advertising, supplemental sales literature or other promotional material in which the Fund, the Adviser or any of the Adviser's affiliates is namednatned. No such material shall be used except with prior written permission pe1mission of the Fund or its delegate. The Fund agrees to respond to any request for approval on a prompt and timely basis. Failure by the Fund to respond within ten (10) calendar days to the Sub-Adviser shall relieve the Sub-Adviser of the obligation to obtain the Fund's prior written permission of the Fundwlitten permission. (c) Sub-Adviser agrees that, for so long as Sub-Adviser is the sole sub-adviser of the Fund, the Sub-Adviser grants the Fund and the Adviser a non-exclusive, non-assignable, non-non­ sublicensable royalty-free right light to use the name natne "X.X. XxxxxxClarion" in the name natne of the Fund and that such use of the name ofthe natne "X.X. XxxxxxClarion" may include use of the name in prospectuses, reportsrepmts, and sales materials. The Adviser and the Fund shall include appropriate appropliate trademark credit lines and notice symbols as reasonably directed by the Sub-Adviser. All use of the name X. X. Xxxxxx Clation shall inure to the benefit of its owner, JPMorgan Chase & Co. CBRE Clarion Secmities, LLC. Upon termination of this Agreement, the Adviser and the Fund shall forthwith cease to use the name natne of X.X. Xxxxxx "Clarion" (or any derivative or logo) as appropriate and to the extent that continued use is not required by applicable laws, rules and regulations.

Appears in 1 contract

Samples: Sub Advisory Agreement (Lincoln Variable Insurance Products Trust)

Marketing Materials. (a) The Sub-Adviser shall furnish to the Fund, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Fund, the Adviser or any of the Adviser's affiliates is named. No such material shall be used except with prior written permission of the Fund or its delegate. The Fund agrees to respond to any request for approval on a prompt and timely basis. Failure by the Fund to respond within ten (10) calendar days to the Sub-Adviser shall relieve the Sub-Adviser of the obligation to obtain the prior written permission of the Fund. If the Sub-Adviser makes an unauthorized use of the names, derivatives, logos, trademarks, service marks or trade names of the Fund or the Adviser, the parties acknowledge that these entities shall suffer irreparable hardship for which monetary damages are inadequate and thus, the Fund or the Adviser, as applicable, will be entitled to injunctive relief. (b) The Fund shall furnish to the Sub-Adviser, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Sub-Adviser or any of its affiliates is named. No such material shall be used except with prior written permission of the Sub-Adviser or its delegate. The Sub-Adviser agrees to respond to any request for approval on a prompt and timely basis. Failure by the Sub-Adviser to respond within ten (10) calendar days to the Fund shall relieve the Fund of the obligation to obtain the prior written permission of the Sub-Adviser. (b) The Sub-Adviser shall furnish to the Fund, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Fund, . If the Adviser or any the Fund makes an unauthorized use of the Sub-Adviser's affiliates is named. No such material shall be used except with prior written permission of names, derivatives, logos, trademarks, service marks or trade names, the Fund or its delegate. The Fund agrees to respond to any request for approval on a prompt and timely basis. Failure by the Fund to respond within ten (10) calendar days to parties acknowledge that the Sub-Adviser shall relieve suffer irreparable hardship for which monetary damages are inadequate and thus, the Sub-Adviser of the obligation will be entitled to obtain the prior written permission of the Fundinjunctive relief. (c) The parties agree that the name of the Sub-Adviser agrees thatAdviser, for so long as Sub-Adviser is the sole sub-adviser names of the Fund, any affiliates of the Sub-Adviser grants and any derivative, logo, trademark, service mark or trade name are the Fund and the Adviser a non-exclusive, non-assignable, non-sublicensable royalty-free right to use the name "X.X. Xxxxxx" in the name valuable property of the Fund and that such use of the name "X.X. Xxxxxx" may include use of the name in prospectuses, reports, and sales materials. The Adviser and the Fund shall include appropriate trademark credit lines and notice symbols as reasonably directed by the Sub-AdviserAdviser axx xts affiliates. All use of the name X. X. Xxxxxx shall inure to the benefit of its owner, JPMorgan Chase & Co. Upon termination of this Agreement, the Adviser and the Fund shall forthwith as soon as practicable cease to use such name(s), derivatives, logos, trademarks, service marks or trade names. (d) The parties agree that they shall have no responsibility to ensure the name adequacy of X.X. Xxxxxx (the form or content of such advertising, supplemental sales literature or other promotional material for purposes of the 1940 Act or other applicable laws and regulations; provided, however, that each party is responsible for the accuracy of any derivative or logo) as appropriate and information that it gives to the extent that continued use other party which is not required by applicable lawsincluded in such advertising, rules and regulationssupplemental sales literature or other promotional material.

Appears in 1 contract

Samples: Sub Advisory Agreement (Lincoln Variable Insurance Products Trust)

Marketing Materials. (a) The Fund shall furnish to the Sub-Adviser, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Sub-Adviser or any of its affiliates is named. No such material shall be used except with prior written permission of the Sub-Adviser or its delegate. The Sub-Adviser agrees to respond to any request for approval on a prompt and timely basis. Failure by the Sub-Adviser to respond within ten (10) calendar days to the Fund shall relieve the Fund of the obligation to obtain the prior written permission of the Sub-Adviser’s prior written permission. (b) The Sub-Adviser shall furnish to the Fund, prior to its use, each piece of the Sub-Adviser’s advertising, supplemental sales literature or other promotional material in which the Fund, the Adviser or any of the Adviser's ’s affiliates is named. No such material shall be used except with prior written permission of the Fund or its delegate. The Fund agrees to respond to any request for approval on a prompt and timely basis. Failure by the Fund to respond within ten (10) calendar days to the Sub-Adviser shall relieve the Sub-Adviser of the obligation to obtain the Fund’s prior written permission of the Fundpermission. (c) Sub-Adviser agrees that, for so long as Sub-Adviser is the sole sub-adviser of the Fund, the Sub-Adviser grants the Fund and the Adviser a non-exclusive, non-assignable, non-sublicensable royalty-free right to use the name "X.X. Xxxxxx" “Clarion” in the name of the Fund and that such use of the name "X.X. Xxxxxx" “Clarion” may include use of the name in prospectuses, reports, and sales materials. The Adviser and the Fund shall include appropriate trademark credit lines and notice symbols as reasonably directed by the Sub-Adviser. All use of the name X. X. Xxxxxx Clarion shall inure to the benefit of its owner, JPMorgan Chase & Co. CBRE Clarion Securities, LLC. Upon termination of this Agreement, the Adviser and the Fund shall forthwith cease to use the name of X.X. Xxxxxx “Clarion” (or any derivative or logo) as appropriate and to the extent that continued use is not required by applicable laws, rules and regulations.

Appears in 1 contract

Samples: Sub Advisory Agreement (Lincoln Variable Insurance Products Trust)

Marketing Materials. (a) The Fund shall furnish to the Sub-Adviser, prior to its use, each piece of advertising, supplemental sales literature or other promotional material in which the Sub-Adviser or any of its affiliates is named. No such material shall be used except with prior written permission of the Sub-Adviser or its delegate. The Sub-Adviser agrees to respond to any request for approval on a prompt and timely basis. Failure by the Sub-Adviser to respond within ten (10) calendar days to the Fund shall relieve the Fund of the obligation to obtain the prior written permission of the Sub-Adviser's prior written permission. (b) The Sub-Adviser shall furnish to the Fund, prior to its use, each piece of the Sub­ Adviser's advertising, supplemental sales literature or other promotional material in which the Fund, the Adviser or any of the Adviser's affiliates is named. No such material shall be used except with prior written permission of the Fund or its delegate. The Fund agrees to respond to any request for approval on a prompt and timely basis. Failure by the Fund to respond within ten (10) calendar days to the Sub-Adviser shall relieve the Sub-Adviser of the obligation to obtain the Fund's prior written permission of the Fundpermission. (c) Sub-Adviser agrees that, for so long as Sub-Adviser is the sole sub-adviser of the Fund, the Sub-Adviser grants the Fund and the Adviser a non-exclusive, non-assignable, non-non­ sublicensable royalty-free right to use the name "X.X. XxxxxxJPMorgan" in the name of the Fund and that such use of the name "X.X. XxxxxxJPMorgan" may include use of the Fund name in prospectuses, reports, and sales materials. The Adviser and the Fund shall include appropriate trademark credit lines and notice symbols as reasonably directed by the Sub-Adviser. All use of the name names "J. X. X. Xxxxxx Xxxxxx" and "JPMorgan" shall inure to the benefit of its owner, JPMorgan Chase & Co. Upon termination of this Agreement, the Adviser and the Fund shall forthwith cease to use either the name of X.X. Xxxxxx of"JPMorgan" or "J.X. Xxxxxx" (or any derivative or logo) as appropriate and to the extent that continued use is not required by applicable laws, rules and regulations.

Appears in 1 contract

Samples: Sub Advisory Agreement (Lincoln Variable Insurance Products Trust)

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