Common use of Privacy Notice/Confidentiality Clause in Contracts

Privacy Notice/Confidentiality. The Adviser and Sub-Adviser acknowledge prior receipt of the other’s Privacy Notice and Policy. Adviser and Sub-Adviser agree to safeguard all information pertaining to the Fund consistent with the requirements of applicable state and federal privacy statutes pertaining to registered investment advisers. Subject to the duty of the Sub-Adviser, the Adviser and/or the Trust to comply with applicable law, including any demand of any regulatory or taxing authority having jurisdiction, the parties hereto shall treat as confidential all non-public information pertaining to the Fund; and the information or actions of the Adviser and Sub-Adviser including all details relating (but not limited) to the investment program, the Adviser’s and Sub-Adviser’s trading programs generally, their systems, methodologies, trading techniques, research, strategies, models and other commercial information relating to the Adviser, Sub-Adviser or their respective group and any information or actions of the Adviser or the Trust in respect thereof (the “Confidential Information”). No party shall use another party’s Confidential Information for any purpose other than the management of the Fund, and that it shall not (and shall procure that its employees, officers, any member of its group and employees and officers of any member of its group shall not) copy, misuse, misappropriate or reverse engineer or otherwise appropriate or make use of the Confidential Information other than as specifically envisaged by the terms of this Agreement or otherwise mutually agreed between the parties. Each party acknowledges and agrees that because of the proprietary nature of the Confidential Information described in Section, damages may not be an adequate remedy for any breach of its obligations under this Section and therefore agrees that the non-breaching party will be entitled to seek specific performance and any other form of equitable or interim remedies.

Privacy Notice/Confidentiality. The Adviser and Sub-Adviser acknowledge prior receipt of the otherTrust’s Privacy Notice and Policy. Adviser and Sub-Adviser agree to safeguard all information pertaining to the Fund consistent with the requirements of applicable state and federal privacy statutes pertaining to registered investment advisersadvisers which are necessary to be met in order to perform the services contemplated by this Agreement. Subject to the duty of the Sub-Adviser, the Adviser Adviser, the Trust and/or the Trust Subsidiary to comply with applicable law, including any demand of any regulatory or taxing authority having jurisdiction, the parties hereto shall treat as confidential all non-public information pertaining to the FundFund and the Subsidiary; and the information or actions of the Adviser and Sub-Adviser including all details relating (but not limited) to the investment programInvestment Program, the Adviser’s and Sub-Adviser’s trading programs generally, their systems, methodologies, trading techniques, research, strategies, models and other commercial information relating to the Adviser, Sub-Adviser or their respective group and any information or actions of the Adviser Adviser, the Trust or the Trust Subsidiary in respect thereof (the “Confidential Information”). No party shall use another party’s Confidential Information for any purpose other than the management of the FundFund and the Subsidiary, and that it shall not (and shall procure that its employees, officers, any member of its group and employees and officers of any member of its group shall not) copy, misuse, misappropriate or reverse engineer or otherwise appropriate or make use of the Confidential Information other than as specifically envisaged by the terms of this Agreement or otherwise mutually agreed between the parties. Each party acknowledges and agrees that because of the proprietary nature of the Confidential Information described in Section, damages may not be an adequate remedy for any breach of its obligations under this Section and therefore agrees that the non-breaching party will be entitled to seek specific performance and any other form of equitable or interim remedies.

Privacy Notice/Confidentiality. The Adviser and Sub-Adviser acknowledge prior receipt of the otherTrust’s Privacy Notice and Policy. .. Adviser and Sub-Adviser agree to safeguard all information pertaining to the Fund consistent with the requirements of applicable state and federal privacy statutes statutes1 pertaining to registered investment advisersadvisers which are necessary to be met in order to perform the services contemplated by this Agreement. Subject to the duty of the Sub-Adviser, the Adviser Adviser, the Trust and/or the Trust Fund to comply with applicable law, including any demand of any regulatory or taxing authority having jurisdiction, the parties hereto shall treat as confidential all non-public information pertaining to the Trust and the Fund; and the information or actions of the Adviser and Sub-Adviser including all details relating (but not limited) to the investment programInvestment Program, the Adviser’s and Sub-Adviser’s trading programs generally, their systems, methodologies, trading techniques, research, strategies, models and other commercial information relating to the Adviser, Sub-Adviser or their respective group and any information or actions of the Adviser Adviser, the Trust or the Trust Fund in respect thereof (the “Confidential Information”). No party shall use another party’s Confidential Information for any purpose other than the management of the Trust and the Fund, and that it shall not (and shall procure that its employees, officers, any member of its group and employees and officers of any member of its group shall not) copy, misuse, misappropriate or reverse engineer or otherwise appropriate or make use of the Confidential Information other than as specifically envisaged by the terms of this Agreement or otherwise mutually agreed between the parties. Each party acknowledges and agrees that because of the proprietary nature of the Confidential Information described in Section, damages may not be an adequate remedy for any breach of its obligations under this Section and therefore agrees that the non-breaching party will be entitled to seek specific performance and any other form of equitable or interim remedies.

Privacy Notice/Confidentiality. The Adviser and Sub-Adviser acknowledge prior receipt of the otherTrust’s Privacy Notice and Policy. .. Adviser and Sub-Adviser agree to safeguard all information pertaining to the Fund consistent with the requirements of applicable state and federal privacy statutes statutes[1] pertaining to registered investment advisersadvisers which are necessary to be met in order to perform the services contemplated by this Agreement. Subject to the duty of the Sub-Adviser, the Adviser Adviser, the Trust and/or the Trust Fund to comply with applicable law, including any demand of any regulatory or taxing authority having jurisdiction, the parties hereto shall treat as confidential all non-public information pertaining to the Trust and the Fund; and the information or actions of the Adviser and Sub-Adviser including all details relating (but not limited) to the investment programInvestment Program, the Adviser’s and Sub-Adviser’s trading programs generally, their systems, methodologies, trading techniques, research, strategies, models and other commercial information relating to the Adviser, Sub-Adviser or their respective group and any information or actions of the Adviser Adviser, the Trust or the Trust Fund in respect thereof (the “Confidential Information”). No party shall use another party’s Confidential Information for any purpose other than the management of the Trust and the Fund, and that it shall not (and shall procure that its employees, officers, any member of its group and employees and officers of any member of its group shall not) copy, misuse, misappropriate or reverse engineer or otherwise appropriate or make use of the Confidential Information other than as specifically envisaged by the terms of this Agreement or otherwise mutually agreed between the parties. Each party acknowledges and agrees that because of the proprietary nature of the Confidential Information described in Section, damages may not be an adequate remedy for any breach of its obligations under this Section and therefore agrees that the non-breaching party will be entitled to seek specific performance and any other form of equitable or interim remedies.