Common use of Nondisclosure Exceptions Clause in Contracts

Nondisclosure Exceptions. Paragraphs (a) and (b) above shall not apply to information that (i) is already publicly available and (ii) was lawfully obtained other than pursuant to this Agreement provided that neither party may use such information in marketing materials without the prior consent of the other party. In addition, the Sub-Advisor may disclose the investment performance of the Fund; provided that the disclosure does not reveal the identity of the Advisor or the Fund. The Sub-Advisor may also disclose that the Advisor and the Fund are the Sub-Advisor’s clients, provided that the disclosure does not reveal the investment performance or the composition of the portfolio of the Fund.

Nondisclosure Exceptions. Paragraphs (a) and (b) above shall not apply to information that (i) is already publicly available and (ii) was lawfully obtained other than pursuant to this Agreement provided that neither party may use such information in marketing materials without the prior consent of the other party. In addition, the Sub-Advisor Subadviser may disclose the investment performance of the Fund; provided that the disclosure does not reveal the identity of the Advisor Adviser or the Fund. The Sub-Advisor Subadviser may also disclose that the Advisor Adviser and the Fund are the Sub-AdvisorSubadviser’s clients, provided that the disclosure does not reveal the investment performance or the composition of the portfolio of the Fund.