Common use of Proprietary and Confidential Information Clause in Contracts

Proprietary and Confidential Information. Fund Services agrees on behalf of itself and its directors, 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 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 Fund Services or any of its employees, agents or representatives, and information that was already in the possession of Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, 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.

Proprietary and Confidential Information. Fund Services USBFS agrees on behalf of itself and its directors, 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 Fund Services 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 Fund Services USBFS or any of its employees, agents or representatives, and information that was already in the possession of Fund Services USBFS prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, Fund Services USBFS will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, Fund Services 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. Fund Services agrees on behalf of itself and its directors, 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 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 Fund Services or any of its employees, agents or representatives, and information that was already in the possession of Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, 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.

Proprietary and Confidential Information. Fund Services USBFS agrees on behalf of itself and its directors, 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 Fund Services 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 Fund Services USBFS or any of its employees, agents or representatives, and information that was already in the possession of Fund Services USBFS prior to receipt thereof from the Trust or its agentTrust, shall not be subject to this paragraph. Further, Fund Services USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, Fund Services 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. Fund Services USBFS agrees on behalf of itself and its directors, 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 Fund Services 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 Fund Services USBFS or any of its employees, agents or representatives, and information that was already in the possession of Fund Services USBFS prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, Fund Services USBFS will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, Fund Services 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. Fund Services USBFS agrees on behalf of itself and its directors, 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 Fund Services 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 Fund Services USBFS or any of its employees, agents or representatives, and information that was already in the possession of Fund Services USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, Fund Services USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, Fund Services 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. Fund Services agrees on behalf of itself and its directors, 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 (i) where 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 Fund Services or any of its employees, agents or representatives, and information that was already in the possession of Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, 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.

Proprietary and Confidential Information. Fund Services USBFS agrees on behalf of itself and its directors, 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 Fund Services 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 Fund Services USBFS or any of its employees, agents or representatives, and information that was already in the possession of Fund Services USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, Fund Services USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, Fund Services 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. Fund Services USBFS agrees on behalf of itself and its directors, 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 Fund Services 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 Fund Services USBFS or any of its employees, agents or representatives, and information that was already in the possession of Fund Services USBFS prior to receipt thereof from the Trust Corporation or its agent, shall not be subject to this paragraph. Further, Fund Services USBFS will adhere to the privacy policies adopted by the Trust Corporation pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, Fund Services 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.

Proprietary and Confidential Information. Fund Services Quasar agrees on behalf of itself and its directorsmanagers, 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 Fund Services Quasar 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 Fund Services Quasar or any of its employees, agents or representatives, and information that was already in the possession of Fund Services Quasar prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, Fund Services Quasar will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, Fund Services Quasar 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. Fund Platform Services agrees on behalf of itself and its directors, 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 Fund Platform 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 Fund Platform Services or any of its employees, agents or representatives, and information that was already in the possession of Fund Platform Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, Fund Platform Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, Fund Platform 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.

Proprietary and Confidential Information. Fund Services USBFS agrees on behalf of itself and its directors, 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 Fund Services 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 Fund Services USBFS or any of its employees, agents or representatives, and information that was already in the possession of Fund Services USBFS prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, Fund Services USBFS will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, Fund Services 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. This provision shall survive the termination of the Agreement.

Proprietary and Confidential Information. Fund Services agrees on behalf of itself and its directors, 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 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 TrustCompany. Records and other information which have become known to the public through no wrongful act of Fund Services or any of its employees, agents or representatives, and information that was already in the possession of Fund Services prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, Fund Services will adhere to the privacy policies adopted by the Trust Company pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, 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 Company and its shareholdersshareholders and shall comply with the Xxxxx-Xxxxx Bliley Act and any state laws concerning privacy.

Proprietary and Confidential Information. Fund Services USBFS agrees on behalf of itself and its directors, 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 Fund Services 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 Fund Services USBFS or any of its employees, agents or representatives, and information that was already in the possession of Fund Services USBFS prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, Fund Services USBFS will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, Fund Services 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 current or former shareholders.

Proprietary and Confidential Information. A. Fund Services agrees on behalf of itself and its directors, 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 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 Fund Services or any of its employees, agents or representatives, and information that was already in the possession of Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, 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.

Proprietary and Confidential Information. Fund Services USBFS agrees on behalf of itself and its directors, 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 Fund Services 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 Fund Services USBFS or any of its employees, agents or representatives, and information that was already in the possession of Fund Services USBFS prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, Fund Services USBFS will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, Fund Services 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. Fund Services agrees on behalf of itself and its directors, 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 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 authoritiesconstitutedauthorities, or (iii) when so requested by the Trust. Records and other information which have become known to the public through no wrongful act of Fund Services or any of its employees, agents or representatives, and information that was already in the possession of Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, 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.

Proprietary and Confidential Information. Fund Services USBFS agrees on behalf of itself and its directors, 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 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 TrustCompany, which approval shall not be unreasonably withheld and may not be withheld where Fund Services 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 Fund Services USBFS or any of its employees, agents or representatives, and information that was already in the possession of Fund Services USBFS prior to receipt thereof from the Trust Company or its agent, shall not be subject to this paragraph. Further, Fund Services USBFS will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, Fund Services 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. Fund Services agrees on behalf of itself and its directors, 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 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 Fund Services or any of its employees, agents or representatives, and information that was already in the possession of Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Execution Version Further, Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, 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.

Proprietary and Confidential Information. Fund Services MFAC agrees on behalf of itself and its directors, 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 Fund Services MFAC 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 Fund Services MFAC or any of its employees, agents or representatives, and information that was already in the possession of Fund Services MFAC prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, Fund Services MFAC will adhere to the privacy policies adopted by the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, Fund Services MFAC 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. Fund Services agrees on behalf of itself and its directors, 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 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 Fund Services or any of its employees, agents or representatives, and information that was already in the possession of Fund Services prior to receipt thereof from the Trust or its agent, shall not be subject to this paragraph. Further, Fund Services will adhere to the privacy policies adopted by the Trust pursuant to Title V of the XxxxxGrxxx-Xxxxx-Xxxxxx ActXct, as may be modified from time to time. In this regard, 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.

Proprietary and Confidential Information. Fund Services Quasar agrees on behalf of itself and its directorsmanagers, 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 Fund Services Quasar 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 Fund Services Quasar or any of its employees, agents or representatives, and information that was already in the possession of Fund Services Quasar prior to receipt thereof from the Trust Fund or its agent, shall not be subject to this paragraph. Further, Fund Services Quasar will adhere to the privacy policies adopted by the Trust Fund pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time. In this regard, Fund Services Quasar 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.