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 each Trust: (a) all records and other information relative to the Trust and its 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 a 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.
Appears in 3 contracts
Samples: Investment Management Agreement (National Retail Fund II), Investment Management Agreement (National Retail Fund III), Investment Management Agreement (National Retail Fund II)
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 each Trust: the Trusts (a) all records and other information relative to the Trust Funds and its respective their 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 XxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act (the “Privacy Act”"Axx"), and xxx (20) not xot 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 unreasonably be unreasonably withheld by a 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.
Appears in 2 contracts
Samples: Investment Management Agreement (Optimum Q Funds), Investment Management Agreement (Optimum Q Funds)
Nonpublic Personal Information. Notwithstanding any provision herein to the contrary, the Adviser Manager agrees on behalf of itself and its directors, officers, and employees (1) to treat confidentially and as proprietary information of each Trust: the Trust (a) all records and other information relative to the series of the Trust and its respective their 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 XxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act (the “Privacy Act”"Privxxx Xxx"), and xxx (20) 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 a 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.
Appears in 2 contracts
Samples: Investment Management Agreement (New River Funds), Investment Management Agreement (New River Funds)
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 each Trust: the Trust (a) all records and other information relative to the series of the Trust and its respective their 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 a 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.
Appears in 2 contracts
Samples: Investment Management Agreement (Advisorone Funds), Investment Management Agreement (Advisorone Funds)
Nonpublic Personal Information. Notwithstanding any provision herein to the contrary, the Adviser Administrator agrees on behalf of itself and its directors, officers, and employees (1a) to treat confidentially and as proprietary information of each Trust: the Trust (ai) all records and other information relative to the Trust and its respective prior, present, present or potential shareholders (and clients of said shareholders) , and (bii) any Nonpublic Personal Information, “nonpublic personal information,” as such term is defined under Section 248.3(t) of Regulation S-P (“Regulation S-P”), promulgated under the Xxxxx-Xxxxx-Xxxxxx Act (the “Privacy Act”), and (2b) not to use such records and information for any purpose other than the performance of its the Administrator’s 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 a the Trust and may not be withheld where the Adviser Administrator 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.
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Nonpublic Personal Information. Notwithstanding any provision herein to the contrary, the Adviser Manager agrees on behalf of itself and its directors, officers, and employees (1) to treat confidentially and as proprietary information of each Trust: the Trust (a) all records and other information relative to the series of the Trust and its respective their 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 XxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act (the “Privacy Act”"Xxxxxxx Xxx"), and xxd (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 a 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.
Appears in 1 contract
Samples: Investment Management Agreement (First Fiduciary 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 each the Trust: (a) all records and other information relative to the Trust and its 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 a 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.
Appears in 1 contract
Samples: Investment Management Agreement (National Retail Fund III)
Nonpublic Personal Information. Notwithstanding any provision herein to the contrary, the Adviser Manager agrees on behalf of itself and its directors, officers, and employees (1) to treat confidentially and as proprietary information of each Trust: the Trust (a) all records and other information relative to the Trust Fund and its 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 a 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.
Appears in 1 contract
Samples: Interim Investment Management Agreement (Montgomery Funds Iii)
Nonpublic Personal Information. Notwithstanding any provision herein to the contrary, the Adviser Manager agrees on behalf of itself and its directors, officers, and employees (1) to treat confidentially and as proprietary information of each Trust: the Trust (a) all records and other information relative to the series of the Trust and its respective their 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 XxxxxGxxxx-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 a 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.
Appears in 1 contract
Samples: Investment Management Agreement (Montgomery Funds I)
Nonpublic Personal Information. Notwithstanding any provision herein to the contrary, the Adviser Manager agrees on behalf of itself and its directors, officers, and employees (1) to treat confidentially and as proprietary information of each Trust: the Trust (a) all records and other information relative to the series of the Trust and its respective their 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 a 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.
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Nonpublic Personal Information. Notwithstanding any provision herein to the contrary, the Adviser agrees on behalf of itself and its directorstrustees, officers, and employees (1) to treat confidentially and as proprietary information of each Trust: the Trust (a) all records and other information relative to each Series of the Trust and its respective their 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 a 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.
Appears in 1 contract
Samples: Investment Advisory Agreement (Bryce Capital Funds)
Nonpublic Personal Information. Notwithstanding any provision herein to the contrary, the Adviser Administrator agrees on behalf of itself and its directorstrustees, officers, and employees (1) to treat confidentially and as proprietary information of each Trust: the Trusts (a) all records and other information relative to the Trust Funds and its respective their 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 TrustTrusts, Regulation S-P or the Privacy Act, except after prior notification to and approval in writing by the applicable Trust. Such written approval shall not be unreasonably withheld by a Trust and may not be withheld where the Adviser Administrator 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 a Trust.
Appears in 1 contract
Samples: Fund Administration Agreement (Montgomery Funds Iii)
Nonpublic Personal Information. Notwithstanding any provision herein to the contrary, the Adviser Manager agrees on behalf of itself and its directors, officers, and employees (1) to treat confidentially and as proprietary information of each Trust: the Trust (a) all records and other information relative to the series of the Trust and its respective their 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 a 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.
Appears in 1 contract
Samples: Investment Management Agreement (Montgomery Funds Ii)
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 each Trust: the Trust (a) all records and other information relative to the series of the Trust and its respective their 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 a 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.
Appears in 1 contract