Common use of Proprietary and Confidential Information Clause in Contracts

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present present, or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its shareholders.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and shareholder clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. B. The Trust, on behalf of itself and its directors, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. B. The Trust, on behalf of itself and its directors, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. B. The Trust, on behalf of itself and its trustees, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. B. The Trust, on behalf of itself and its trustees, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Proprietary and Confidential Information. 12.01 The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. . 12.02 Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders. B. The Company, on behalf of itself and its directors, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present present, or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its shareholders.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present present, or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its shareholders. B. The Fund, on behalf of itself and its directors, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor A. Fund Services agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Fund Services or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. B. The Trust, on behalf of itself and its trustees, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor A. Fund Services agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Fund Services or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. B. The Trust, on behalf of itself and its trustees, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders. B. The Company, on behalf of itself and its directors, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. 12.01 The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. . 12.02 Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. 12.01 The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. . 12.02 Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholdersshareholders and shall comply with the Gxxxx-Xxxxx-Xxxxxx Act and any state laws concerning privacy.

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present present, or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its shareholders. B. The Fund, on behalf of itself and its trustees, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time xxxxxxxx xxxx xxxe to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present present, or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its shareholders.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except except: (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, ; (ii) when requested to divulge such information by duly constituted authorities, ; or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCorporation, all records and other information relative to the Trust Corporation and prior, present present, or potential shareholders of the Trust Corporation (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCorporation, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCorporation. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust Corporation or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Corporation pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Corporation and its shareholders. B. The Corporation, on behalf of itself and its directors, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustTrusts, all records and other information relative to the Trust Trusts and prior, present present, or potential shareholders of the Trust Trusts (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustTrusts, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustTrusts. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust Trusts or its their agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Trusts pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Trusts and its shareholders.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its shareholders.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested required to divulge such information by duly constituted governmental or regulatory authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx ActAct or other applicable laws, rules or regulations, as such may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its shareholders.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and shareholder clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, officers and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present present, or potential shareholders of the Trust investors thereof (and clients of said shareholders), investors) and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to the receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the any privacy policies adopted by the Trust pursuant to Title V Fund. The Custodian maintains appropriate security measures regarding the treatment of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and other information relating to (including any personal information) of the Trust Fund and its shareholdersprior, present or potential investors, that are consistent and compliant with all applicable state and federal laws, rules and regulations.

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCorporation, all records and other information relative to the Trust Corporation and prior, present present, or potential shareholders of the Trust Corporation (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCorporation, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCorporation. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Corporation or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Corporation pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Corporation and its shareholders.

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustTrusts, all records and other information relative to the Trust Trusts and prior, present present, or potential shareholders of the Trust Trusts (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the applicable Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the applicable Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Trusts pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. 12.01 The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present present, or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. . 12.02 Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its shareholders.

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time bx xxxxxxxx xxxx xxme to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records records, non-public portfolio holdings and other information relative to the Trust Company and prior, present or potential shareholders of the Trust (and Company(and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders. In addition, pursuant to Regulation S-P under the Xxxxx-Xxxxx-Xxxxxx Act (“Reg. S-P”), the Distributor agrees to deliver the Company’s then current consumer privacy notice to any customer who purchases Shares from or thorough the Distributor at or prior to the time of the initial purchase, if the customer would be considered a “consumer” or “customer” (each as defined in Reg. S-P) of a Fund.

Proprietary and Confidential Information. The Distributor agrees TCG Administrative and Catalyst mutually agree on behalf of itself their selves and its managerstheir directors, officers, and employees to treat confidentially and as proprietary information of the Trustinformation, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), this Agreement and not to use such records and information for any purpose other than the performance of its their respective responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trustother, which approval shall not be unreasonably withheld and may not be withheld where the Distributor either may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trustother. Records and other information which have become known to the public through no wrongful act of the Distributor TCG Administrative or Catalyst or any of its employees, agents or representatives, and information that was already in the possession of the Distributor TCG Administrative or Catalyst prior to receipt thereof from the Trust other or its agent, shall not be subject to this paragraph. Further, the Distributor TCG Administrative will adhere to the privacy policies adopted by Catalyst and the Trust TCG Funds pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor TCG Administrative shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Catalyst and its shareholdersClients.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authoritiesauthorities provided that the Distributor will promptly inform the Trust of such request if permitted by law to do so,, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCorporation, all records and other information relative to the Trust Corporation and prior, present present, or potential shareholders of the Trust Corporation (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCorporation, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCorporation. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust Corporation or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Corporation pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Corporation and its shareholders. B. The Corporation, on behalf of itself and its directors, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except except: (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Proprietary and Confidential Information. The Distributor (a) FCMS agrees on behalf of itself and its managersdirectors, officers, agents and employees to treat confidentially and as proprietary information of the TrustCorporation, all records and other information relative to the Trust Corporation and prior, present present, or potential shareholders of the Trust Corporation (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities services and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to complyCorporation, (ii) when requested to divulge such information by duly constituted authoritiesauthorities with jurisdiction over FCMS or the Corporation; provided that the Corporation receives notice from FCMS of its obligation to divulge such information if it is permitted to do so by such authority, or (iii) when so requested by the TrustCorporation. Records and other information which have become known to the public through no wrongful act of the Distributor FCMS or any of its employees, agents or representatives, representatives and information that was already in the possession of the Distributor FCMS prior to receipt thereof from the Trust Corporation or its agent, agent shall not be subject to this paragraph. Further, the Distributor will . (b) FCMS and its agents shall adhere to the privacy policies adopted by the Trust Corporation pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as such may be modified from time to time. In this regard, the Distributor FCMS and its agents shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Corporation and its shareholders.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. The Distributor will implement and maintain a disaster recovery plan and policies and procedures reasonably designed to prevent, detect and respond to cyber security threats. The Distributor shall promptly notify the Trust and the Advisor of any material violations or breaches of such policies and procedures.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. The Distributor will implement and maintain a disaster recovery plan and policies and procedures reasonably designed to prevent, detect and respond to cyber security threats. The Distributor shall promptly notify the Trust and the Advisor of any material violations or breaches of such policies and procedures.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders. Distributor shall notify the Company promptly of any unauthorized use, dissemination, loss or damage of records or data of the Company or a Fund.

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested in writing by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. 12.01 The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present present, or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. . 12.02 Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its shareholders.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholdersshareholders and shall comply with the Gxxxx-Xxxxx-Xxxxxx Act and any state laws concerning privacy. B. The Company, on behalf of itself and its directors, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except except: (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, ; (ii) when requested to divulge such information by duly constituted authorities, ; or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authoritiesauthorities (following notice to the Company, if such notice is permitted by applicable law), or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustCorporation, all records and other information relative to the Trust Corporation and prior, present or potential shareholders of the Trust Corporation (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCorporation, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCorporation. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Corporation or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Corporation pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Corporation and its shareholders.

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present present, or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its current or former shareholders.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, employees, representatives and employees agents to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present present, or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor Fund will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its shareholders.

Proprietary and Confidential Information. 12.01 The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested required to divulge such information by duly constituted governmental authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. . 12.02 Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx ActAct or other applicable laws, rules or regulations, as such may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authoritiesauthorities provided that the Distributor will promptly inform the Trust of such request if permitted by law to do so,, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholdersshareholders and shall comply with the Xxxxx-Xxxxx-Xxxxxx Act and any state laws concerning privacy. B. The Company, on behalf of itself and its directors, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian, will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. 12.1 The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. . 12.2 Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Execution Copy Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to timetime (the "GLB Act"). In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Proprietary and Confidential Information. The Distributor Tidal agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld (i) where the Distributor Txxxx may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Tidal or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Tidal prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Tidal will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Txxxx shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Xxxxxx-Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. B. The Trust, on behalf of itself and its directors, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders. The Distributor shall provide prompt notice to the Company, in accordance with Distributor’s policies and procedures, in the event that Distributor becomes aware that any records and information relating to the Company or its shareholders has been compromised as a result of a breach of security at the Distributor. Such notice will include Distributor’s reasonable estimate of the number of records affected and the nature of the information exposed, together with the steps to be taken by the Distributor to limit such exposure and avoid a recurrence thereof.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time to timetx xxxx. In this regardXx xxxx xegard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor has adopted a policy and implemented procedures reasonably designed to protect the privacy of non-public personal consumer/customer financial information to the extent required by applicable law, rule and regulation. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Proprietary and Confidential Information. The Distributor (a) FCMS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCorporation, all records and other information relative to the Trust Corporation and prior, present present, or potential shareholders of the Trust Corporation (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities services and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to complyCorporation, (ii) when requested to divulge such information by duly constituted authoritiesauthorities with jurisdiction over FCMS or the Corporation; provided that the Corporation receives notice from FCMS of its obligation to divulge such information if it is permitted to do so by such authority, or (iii) when so requested by the TrustCorporation. Records and other information which have become known to the public through no wrongful act of the Distributor FCMS or any of its employees, agents or representatives, representatives and information that was already in the possession of the Distributor FCMS prior to receipt thereof from the Trust Corporation or its agent, agent shall not be subject to this paragraph. Further, the Distributor . (b) FCMS will adhere to the privacy policies adopted by the Trust Corporation pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor FCMS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Corporation and its shareholders.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor of B. USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. C. The Trust, on behalf of itself and its trustees, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authoritiesa Court or the U.S. Securities and Exchange Commission, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. (a) The Distributor Administrator agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Administrator may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authoritiesauthorities approved by the Trust, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Administrator or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Administrator prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. . (b) Further, the Distributor Administrator will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In addition, the Administrator will comply with any other limitations or restrictions on disclosure of portfolio holdings or other information of the Trust set forth in the Trust’s prospectus and statement of additional information. In this regard, the Distributor Administrator shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, Trust all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any trading or other purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, agents shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor A. Fund Services agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Fund Services or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. 2014 - ETF Further, the Distributor Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. B. The Trust, on behalf of itself and its trustees, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time to timetxxx xx xxxx. In this Xx xxis regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. B. The Trust, on behalf of itself and its trustees, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, Trust all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any trading or other purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agentagents, shall not be subject to this paragraph. . B. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. C. USBFS, the Trust and the Advisor, on behalf of itself and its respective directors, partners, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time xxxxxxxx xxxx xxme to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Proprietary and Confidential Information. The Distributor A. Fund Services agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Fund Services or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Fund Services prior to receipt thereof from the Trust or its agentagents or service providers, shall not be subject to this paragraph. Further, the Distributor Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. B. The Trust, on behalf of itself and its trustees, directors, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be xx xxx xx modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders. B. The Company, on behalf of itself and its directors, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except except: (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, ; (ii) when requested to divulge such information by duly constituted authorities, provided that the Distributor will promptly notify the Fund of such request if permitted by applicable law; or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its shareholders.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustFund, all records and other information relative to the Trust Fund and prior, present or potential shareholders of the Trust Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustFund, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustFund. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Fund and its current or former shareholders.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor when USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which that have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. B. The Trust, on behalf of itself and its trustees, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested in writing by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. 1.58 The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. . 1.59 Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholdersshareholders and shall comply with the Xxxxx-Xxxxx Xxxxxx Act and any state laws concerning privacy. B. The Trust, on behalf of itself and its trustees, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxGrxxx-Xxxxx-Xxxxxx ActXct, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. B. The Trust, on behalf of itself and its trustees, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authoritiesauthorities approved by the Trust, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In addition, USBFS will comply with any other limitations or restrictions on disclosure of portfolio holdings or other information of the Funds set forth in the Funds prospectuses and statements of additional information. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known !mown to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or 01· its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, Trust all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any trading or other purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agentagents, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified xx xxx xx xxxxxxxx from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustCompany, all records and other information relative to the Trust Company and prior, present present, or potential shareholders of the Trust Company (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authoritiesauthorities (following notice to the Company, if such notice is permitted by applicable law), or (iii) when so requested by the TrustCompany. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic electronic, and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust Company and its shareholders.

Proprietary and Confidential Information. The Co-Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present or potential shareholders of the Trust (and shareholder clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Co-Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Co-Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Co-Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Co-Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Co-Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor A. Fund Services agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Fund Services may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Fund Services or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Fund Services prior to receipt thereof from the Trust or its agentagents or service providers, shall not be subject to this paragraph. Further, the Distributor Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxXxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor Fund Services shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. B. The Trust, on behalf of itself and its directors, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.

Proprietary and Confidential Information. The Distributor agrees on behalf of itself and its managers, officers, and employees to treat confidentially and as proprietary information of the TrustTrust and the Adviser, all records and other information relative to the Trust and Adviser, and prior, present or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the TrustTrust or Adviser, which approval shall not be unreasonably withheld and may not be withheld where the Distributor may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the TrustTrust or the Adviser. Records and other information which have become known to the public through no wrongful act of the Distributor or any of its employees, agents or representatives, and information that was already in the possession of the Distributor prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor Custodian agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor Custodian may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor Custodian or any of its employees, agents or representatives, and information that was already in the possession of the Distributor Custodian prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor Custodian will adhere to the privacy policies adopted by the Trust pursuant to Title V of the GxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time to time. In this regardXx xxxx xxxxxx, the Distributor Custodian shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders.

Proprietary and Confidential Information. The Distributor A. USBFS agrees on behalf of itself and its managersdirectors, officers, and employees to treat confidentially and as proprietary information of the Trust, all records and other information relative to the Trust and prior, present present, or potential shareholders of the Trust (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by the Trust, which approval shall not be unreasonably withheld and may not be withheld where the Distributor USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested in writing by the Trust. Records and other information which have become known to the public through no wrongful act of the Distributor USBFS or any of its employees, agents or representatives, and information that was already in the possession of the Distributor USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, the Distributor USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Gxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, the Distributor USBFS shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to the Trust and its shareholders. B. The Trust, on behalf of itself and its trustees, officers, and employees, will maintain the confidential and proprietary nature of the Data and agrees to protect it using the same efforts, but in no case less than reasonable efforts, that it uses to protect its own proprietary and confidential information.