Common use of NONPUBLIC PERSONAL INFORMATION Clause in Contracts

NONPUBLIC PERSONAL INFORMATION. Notwithstanding any provision herein to the contrary, the Adviser agrees on behalf of itself and its directors, officers, and employees (1) to treat confidentially and as proprietary information of the Trust and the Fund (a) all records and other information relative to the series of the Trust and the Fund and their respective prior, present, or potential shareholders (and clients of said shareholders) and (b) 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 “Privacy Act”), and (2) not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, or as otherwise permitted by the privacy policies adopted by the Trust, Regulation S-P or the Privacy Act, except after prior notification to and approval in writing by the Trust. 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 proceedings for failure to comply after being requested to divulge such information by duly constituted authorities, or when so requested by the Trust.

NONPUBLIC PERSONAL INFORMATION. Notwithstanding any provision herein to the contrary, the Adviser agrees on behalf of itself and its directors, officers, and employees (1) to treat confidentially and as proprietary information of the Trust and the Fund Company (a) all records and other information relative to the series of the Trust and the Fund Company and their respective prior, present, or potential shareholders (and clients of said shareholders) and (b) 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 “Privacy "G-L-B Act”"), and (2) not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, or as otherwise permitted by the privacy policies adopted by the TrustCompany, the G-L-B Act or Regulation S-P or the Privacy ActP, except after prior notification to and approval in writing by the TrustCompany. Such written approval shall not be unreasonably withheld by the Trust Company and may not be withheld where the Adviser may be exposed to civil or criminal contempt proceedings for failure to comply after being requested to divulge such information by duly constituted authorities, or when so requested by the TrustCompany.

NONPUBLIC PERSONAL INFORMATION. Notwithstanding any provision herein to the contrary, the Adviser Manager hereto agrees on behalf of itself and its directors, officers, and employees (1) to treat confidentially and as proprietary information of the Trust and the Fund Trusts (a) all records and other information relative to the series of the Trust and the Fund Funds and their respective prior, present, present or potential shareholders (and clients of said shareholders) and (b) any Nonpublic Personal Information, as defined under Section 248.3(t) of Regulation S-P (“Regulation S-P”), promulgated under the XxxxxGxxxx-Xxxxx-Xxxxxx Act (the “Privacy G-L-B Act”), and (2) not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, or as otherwise permitted by the privacy policies adopted by the Trust, Regulation S-P or the Privacy G-L-B Act, except after prior notification to and approval in writing by the Trust. Such written approval shall not unreasonably be unreasonably withheld by the Trust and may not be withheld where the Adviser Manager may be exposed to civil or criminal contempt proceedings for failure to comply after being requested to divulge such information by duly constituted authorities, or when so requested by the Trust.

NONPUBLIC PERSONAL INFORMATION. Notwithstanding any provision herein to the contrary, the Sub-Adviser agrees on behalf of itself and its directors, officersshareholders, officers and employees (1) to treat confidentially and as proprietary information of the Trust Adviser and the Fund Trust (a) all records and other information relative to the series of the Trust and the Fund and their respective each Fund’s prior, present, present or potential shareholders (and clients of said shareholders) and (b) any Nonpublic Personal Information, as defined under Section 248.3(t) of Regulation S-P (“Regulation S-P”), promulgated under the XxxxxGxxxx-Xxxxx-Xxxxxx Act (the “Privacy GLB Act”), and (2) except after prior notification to and approval in writing by the Adviser or the Trust, not to use such records and information for any purpose other than the 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, Regulation S-P or the Privacy Act, except after prior notification to Trust and approval communicated in writing by to the TrustSub-Adviser. Such written approval shall not be unreasonably withheld by the Adviser or the Trust and may not be withheld where the Sub-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, or when so requested by the Trust.

NONPUBLIC PERSONAL INFORMATION. Notwithstanding any provision herein to the contrary, the Adviser Advisor agrees on behalf of itself and its directors, partners, officers, and employees (1a) to treat confidentially and as proprietary information of the Trust and the Fund Funds (ai) all records and other information relative to the series of the Trust and the Fund Funds and their respective prior, present, or potential shareholders (and clients of said shareholders) and (bii) any Nonpublic Personal Information, as defined under Section 248.3(t) of Regulation S-P (“Regulation "REGULATION S-P”"), promulgated under the Xxxxx-Xxxxx-Xxxxxx Act (the “Privacy Act”"G-L-B ACT"), and (2b) not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, or as otherwise permitted by the privacy policies adopted by the TrustTrust and the Funds, Regulation S-P or the Privacy G-L-B Act, except after prior notification to and approval in writing by the Trust. Such written approval shall not be unreasonably withheld by the Trust or and may not be withheld where the Adviser Advisor may be exposed to civil or criminal contempt proceedings for failure to comply after being requested to divulge such information by duly constituted authorities, or when so requested by the Trust.

NONPUBLIC PERSONAL INFORMATION. Notwithstanding any provision herein to the contrary, the Adviser Manager hereto agrees on behalf of itself and its directors, officers, and employees (1) to treat confidentially and as proprietary information of the Trust and the Fund Trusts (a) all records and other information relative to the series of the Trust and the Fund Funds and their respective prior, present, present or potential shareholders (and clients of said shareholders) and (b) 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 “Privacy "G-L-B Act”"), and (2) not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, or as otherwise permitted by the privacy policies adopted by the Trust, Regulation S-P or the Privacy G-L-B Act, except after prior notification to and approval in writing by the Trust. Such written approval shall not unreasonably be unreasonably withheld by the Trust and may not be withheld where the Adviser Manager may be exposed to civil or criminal contempt proceedings for failure to comply after being requested to divulge such information by duly constituted authorities, or when so requested by the Trust.

NONPUBLIC PERSONAL INFORMATION. Notwithstanding any provision herein to the contrary, the Adviser agrees on behalf of itself and its directors, members, officers, and employees (1) to treat confidentially and as proprietary information of the Trust and the Fund (a) all records and other information relative to the series of the Trust and the Fund and their respective Funds’ prior, present, or potential shareholders (and clients of said shareholders) and (b) 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 “Privacy G-L-B Act”), and (2) except after prior notification to and approval in writing by the Trust, not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, or as otherwise permitted by Regulation S-P or the G-L-B Act, and if in compliance therewith, the privacy policies adopted by the Trust, Regulation S-P or the Privacy Act, except after prior notification to Trust and approval communicated in writing by to the TrustAdviser. 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. The foregoing shall not apply to, or when so requested by restrict the TrustAdviser’s (or any of its affiliates’) use of, any records or information with respect to the Adviser’s (or any affiliates’) other clients, including records or information relating to such other clients’ holdings in the Funds, to the extent that the Adviser (or its affiliate) obtains such records or information in the course of providing advisory or other services to such other clients (it being understood that the Adviser and its affiliates are subject to independent confidentiality obligations with respect to such records and information under the G-L-B Act, Regulation S-P, and applicable banking regulations).