Common use of Proprietary and Confidential Information Clause in Contracts

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM , which approval shall not be unreasonably withheld and may not be withheld where 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 BIM. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM or its agents, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its affiliates and its and their directors, officers, employees and employees agents to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted governmental or regulatory authorities, provided that USBFS must provide written notice of such disclosure to the Trust as promptly as reasonably practicable, or (iii) when so requested by BIMthe Trust or its trustees. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM or its agentsthe Trust, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where USBFS 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx ActAct or other applicable laws, rules or regulations, as such may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund 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. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM the Fund, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Fund or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Fund pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the 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. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundFunds, all records and other information relative to BIM or the Fund Funds and prior, present, or potential shareholders of the Fund Funds (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 BIM the Funds, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Funds. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Funds or its agentstheir agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Funds pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Funds and its their shareholders.

Proprietary and Confidential Information. USBFS Fund Services agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where USBFS 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, provided that Fund Services shall promptly notify the Trust of such request if permitted by applicable law, or (iii) when so requested by BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS Fund Services or any of its employees, agents or representatives, and information that was already in the possession of USBFS Fund Services prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS Fund Services will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, USBFS 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrusts, all records and other information relative to BIM or the Fund Trusts and prior, present, or potential shareholders of the Fund 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 BIM Madison, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMMadison. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM Madison or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM Madison and the Trusts pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trusts and its its’ shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where USBFS 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx ActAct or other applicable laws, rules or regulations, as such may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholdersshareholders and shall comply with the Xxxxx-Xxxxx-Xxxxxx Act and any state laws concerning privacy.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundCompany, all records and other information relative to BIM or the Fund Company and prior, present, or potential shareholders of the Fund 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 BIM the Company, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Company. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Company or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Company pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Company and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may USBFS, after consultation with its outside counsel, reasonably determines that it could 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx ActAct or other applicable laws, rules or regulations, as such may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrusts, all records and other information relative to BIM or the Fund Trusts and prior, present, or potential shareholders of the Fund 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 BIM the applicable Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe applicable Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trusts or its agentsits’ agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trusts pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trusts and its’ shareholders. B. Each Trust on behalf of itself and its shareholderstrustees, 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. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where USBFS 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. 2013 9 Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx ActAct or other applicable laws, rules or regulations, as such may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund 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. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM the Fund, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Fund or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Fund pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the 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. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundFunds, all records and other information relative to BIM or the Fund Funds and prior, present, or potential shareholders of the Fund Funds (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 BIM the Funds, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Funds. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Funds or its agentstheir agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Funds pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund and its shareholders. B. The Funds, on behalf of themselves and their 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 they use to protect their own proprietary and confidential information.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundCompany, all records and other information relative to BIM or the Fund Company and prior, present, or potential shareholders of the Fund 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 BIM the Company, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Company. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Company or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Company pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Company and its shareholdersshareholders and shall comply with the Xxxxx-Xxxxx-Xxxxxx Act and any state laws concerning privacy.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundFunds, all records and other information relative to BIM or the Fund Funds and prior, present, or potential shareholders of the Fund Funds (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 BIM the Funds, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Funds. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM each Fund or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Funds pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the each Fund and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM the Fund, which approval shall not be unreasonably withheld and may not be withheld where 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, provided that USBFS will promptly notify the Fund of such request if permitted by applicable law, or (iii) when so requested by BIMthe Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Fund or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS Fund Services agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM the Company or the FundTrust, all records and other information relative to BIM the Company or the Fund Trust and prior, present, or potential Fund shareholders of the Fund 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 BIM the Company or the Trust, which approval shall not be unreasonably withheld and may not be withheld where USBFS 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 authoritiesauthorities provided that Fund Services shall promptly notify the Company of such request if permitted by applicable law, or (iii) when so requested by BIMthe Company or the Trust. Records and other information which have become known to the public through no wrongful act of USBFS Fund Services or any of its employees, agents or representatives, and information that was already in the possession of USBFS Fund Services prior to receipt thereof from BIM the Company, the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS Fund Services will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, USBFS 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 BIM the Company or the Trust and underlying Fund and its shareholders.

Proprietary and Confidential Information. USBFS USBGFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS USBGFS 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 BIMthe Fund. Records and other information which have become known to the public through no wrongful act of USBFS USBGFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS USBGFS prior to receipt thereof from BIM the Fund or its agentsagent, shall not be subject to this paragraph. Further, USBFS USBGFS will adhere to the privacy policies adopted by BIM the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, USBFS USBGFS 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 BIM or the Fund and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal informationtx xxxx. In this Xx xxxx regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.. 2016

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundCompanies, all records and other information relative to BIM or the Fund Companies and prior, present, or potential shareholders of the Fund Companies (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 BIM the Companies, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Companies. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Companies or its agentsagent(s), shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Companies pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Companies and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGraxx-Xxxxx-Xxxxxx ActXxt, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM the Fund, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Fund or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Fund pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund and its current or former shareholders.

Proprietary and Confidential Information. USBFS Fund Services agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM the Administrator or the FundTrust, all records and other information relative to BIM the Administrator or the Fund Trust and prior, present, or potential Fund shareholders of the Fund 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 BIM the Administrator or the Trust, which approval shall not be unreasonably withheld and may not be withheld where USBFS 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 authoritiesauthorities provided that Fund Services shall promptly notify the Administrator of such request if permitted by applicable law, or (iii) when so requested by BIMthe Administrator or the Trust. Records and other information which have become known to the public through no wrongful act of USBFS Fund Services or any of its employees, agents or representatives, and information that was already in the possession of USBFS Fund Services prior to receipt thereof from BIM the Administrator, the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS Fund Services will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, USBFS 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 BIM the Administrator or the Trust and underlying Fund and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundAdviser and the Trust, all records and other information relative to BIM or the Fund Adviser and the Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Adviser or the Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Adviser and the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund 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. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM the Fund, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Fund or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund and its current or former 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. USBFS agrees on behalf of itself and its affiliates and its and their directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM the Fund, which approval shall not be unreasonably withheld and may not be withheld where 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, governmental or regulatory authorities or (iii) when so requested by BIMthe Fund or its directors. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Fund or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Fund pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as they may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundCompany, all records and other information relative to BIM or the Fund Company and prior, present, or potential shareholders of the Fund 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 BIM the Company, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Company. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Company or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Company pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx ActAct or other applicable laws, rules or regulations, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Company and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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, provided that USBFS will provide the Trust written notice of such request to the extent such notice is permitted by applicable law and rule, or (iii) when so requested by BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal informationtxxx xx xxxx. In this Xx xxis regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-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 each Fund set forth in each Fund’s prospectuses and Massachusetts 201 CMR 17.00 standards for the protection statements of personal additional information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and which may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representativesact, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundCompanies, all records and other information relative to BIM or the Fund Companies and prior, present, or potential shareholders of the Fund Companies (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 BIM the Companies, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Companies. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Companies or its agentstheir agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Companies pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Companies and its their shareholders. B. The Companies, on behalf of themselves and their 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. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the each Fund, all records and other information relative to BIM or the each Fund and prior, present, or potential shareholders of the each 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 BIM each Fund, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMeach Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM each Fund or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM each Fund pursuant to Title V of the XxxxxGxxxx-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 each Fund set forth in each Fund’s prospectuses and Massachusetts 201 CMR 17.00 standards for the protection statements of personal additional information. In this regard, 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 BIM or the each Fund and its shareholders.

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund 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. A. USBFS agrees on behalf of itself and its affiliates and its and their directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, (ii) when requested to divulge such information by duly constituted governmental or regulatory authorities, or (iii) when so requested by BIMthe Fund or its directors. Records and other information which have become known !mown to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Fund or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Fund pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the 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. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundCompanies, all records and other information relative to BIM or the Fund Companies and prior, present, or potential shareholders of the Fund Companies (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 BIM the Companies, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Companies. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Companies or its agentstheir agent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Companies pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Companies and its their shareholders. B. The Companies, on behalf of themselves and their 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. USBFS Quasar agrees on behalf of itself and its directorsmanagers, officers, employees, representatives and employees affiliates to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative relating to BIM or the Fund and prior, present, present or potential shareholders of the 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 BIM the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS 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 BIMthe Fund. Records and other information which have become known to the public through no wrongful act of USBFS Quasar or any of its employees, agents or representatives, and information that was already in the possession of USBFS Quasar prior to receipt thereof from BIM the Fund or its agentsagent, not otherwise subject to a confidentiality agreement, shall not be subject to this paragraph. Further, USBFS Quasar will adhere to the privacy policies adopted by BIM the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, USBFS Quasar shall have in place and maintain physical, electronic and procedural safeguards reasonably designed to comply with all applicable state and federal privacy laws and to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of, records and information relating to BIM or the Fund and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM the Company or the FundTrust, all records and other information relative to BIM the Company or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Company, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Company. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Company or its agents, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Company pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM the Company or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders, and shall comply with all other applicable laws and regulations relating to the confidentiality of information.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, Trust all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundManager, all records and other information relative to BIM or the Fund Manager and prior, present, or potential shareholders of the Fund Manager (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 BIM the Manager, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Manager. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Manager or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Manager pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Manager and its shareholders. B. The Manager, 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. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund 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. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundCompany, all records and other information relative to BIM or the Fund Company and prior, present, or potential shareholders of the Fund 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 BIM the Company, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Company. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Company or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Company pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Company and its shareholdersshareholders and shall comply with the Gxxxx-Xxxxx-Xxxxxx Act and any state laws concerning privacy.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 provided that the Custodian will provide the Trust written notice of such request to the extent such notice is permitted by applicable law or regulation, or (iii) when so requested by BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM or its agentsthe Trust, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal informationtx xxxx. In this Xx xxxx regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM the Company or the FundTrust, all records and other information relative to BIM the Company or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Company, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Company. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Company or its agents, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Company pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM the Company or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent(s), shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders, and USBFS will notify the Trust and its shareholders of a breach as provided in the privacy policies.

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM the Fund, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Fund or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Fund pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund and its current or former 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. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the a Fund and prior, present, or potential shareholders of the 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 BIM the Trust,, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund and its shareholdersshareholders and shall comply with the Gxxxx-Xxxxx-Xxxxxx Act and any state laws concerning privacy.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, Funds all records and other information relative to BIM or the Fund Funds and prior, present, or potential shareholders Shareholders of the Fund Funds (and clients of said shareholdersShareholders), 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 BIM the Funds, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Funds. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to the receipt thereof from BIM the Funds or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the any privacy policies adopted by BIM the Funds pursuant to Title V of the Xxxxx-Xxxxx-Gramm Xxxxx Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the each Fund and its shareholdersShareholders. In addition, USBFS has implemented and will maintain an effective information security program reasonably designed to protect information relating to Shareholders (such information, “Personal Information”), which program includes sufficient administrative, technical and physical safeguards and written policies and procedures reasonably designed to (a) insure the security and confidentiality of such Personal Information; (b) protect against any anticipated threats or hazards to the security or integrity of such Personal Information, including identity theft; and (c) protect against unauthorized access to or use of such Personal Information that could result in substantial harm or inconvenience to the Funds or any Shareholder (the “Information Security Program”). The Information Security Program complies and shall comply with reasonable information security practices within the industry. Upon written request from the Funds, USBFS shall provide a written description of its Information Security Program. USBFS shall promptly notify the Company in writing of any breach of security, misuse or misappropriation of, or unauthorized access to, (in each case, whether actual or alleged) any Personal Information (any or all of the foregoing referred to individually and collectively for purposes of this provision as a “Security Breach”). USBFS shall promptly investigate and remedy, and bear the cost of the measures (including notification to any affected parties), if any, to address any Security Breach. The Custodian shall bear the cost of the Security Breach only if USBFS is determined to be responsible for such Security Breach. In addition to, and without limiting the foregoing, USBFS promptly cooperate with the Funds or any of their affiliates' regulators at USBFS’s expense (if USBFS is determined to be responsible for such Security Breach) to prevent, investigate, cease or mitigate any Security Breach, including but not limited to investigating, bringing claims or actions and giving information and testimony. Notwithstanding any other provision in this Agreement, the obligations set forth in this paragraph shall survive termination of this Agreement.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM the Company or the FundTrust, all records and other information relative to BIM the Company or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Company or the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Company or the Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Company or its the Trust or their agents, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Company or the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundCompany, all records and other information relative to BIM or the Fund Company and prior, present, or potential shareholders of the Fund 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 BIM the Company, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Company. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Company or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Company pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, or other applicable laws, rules or regulations, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Company and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which that have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 with appropriate jurisdiction after prior notification to and approval of the Trust, or (iii) when so requested by BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 of the U.S. Securities and Exchange Commission, or (iii) when so requested by BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGrxxx-Xxxxx-Xxxxxx ActXct, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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, provided that USBFS will promptly inform the Trust of such request if permitted by law to do so, or (iii) when so requested by BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx ActAct or other applicable laws, rules or regulations, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGramm-XxxxxLeach-Xxxxxx ActBlilxx Xxx, as may be xx xxx xx modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundCorporation, all records and other information relative to BIM or the Fund Corporation and prior, present, or potential shareholders of the Fund 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 BIM the Corporation, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Corporation. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Corporation or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Corporation pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Corporation and its shareholders.

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, Trust all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund 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. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM the Fund, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Fund or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the 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. This provision shall survive the termination of the Agreement.

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM the Fund, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Fund or its agentsagents or service providers, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the 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. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified xx xxx xx xxxxxxxd from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, ,USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund 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. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM BIM, which approval shall not be unreasonably withheld and may not be withheld where 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 BIM. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM or its agents, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 authorized by the Trust, or (iii) when so requested by BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGxxxx-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 Massachusetts 201 CMR 17.00 standards for the protection statements of personal additional information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundCompanies, all records and other information relative to BIM or the Fund Companies and prior, present, or potential shareholders of the Fund Companies (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 BIM the Companies, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Companies. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Companies or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Companies pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Companies and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGramm-XxxxxLeach-Xxxxxx ActXxx, as may xx xxy be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.. FundX

Proprietary and Confidential Information. USBFS XXXXXX agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM the Company or the FundTrust, all records and other information relative to BIM the Company or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Company or the Trust, which approval shall not be unreasonably withheld and may not be withheld where USBFS USBGFS 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 BIMthe Company or the Trust. Records and other information which have become known to the public through no wrongful act of USBFS USBGFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS USBGFS prior to receipt thereof from BIM the Company, the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS USBGFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, USBFS USBGFS 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 BIM the Company or the Fund Trust and its shareholders.

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGramm-XxxxxLeaxx-Xxxxxx ActXxx, as xx may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund 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. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM the Fund, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Fund or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the 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. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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, provided that USBFS shall promptly inform the Trust of such request if permitted by applicable law to do so, or (iii) when so requested by BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fundeach Company, all records and other information relative to BIM or the Fund Company and prior, present, or potential shareholders of the Fund 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 BIM the Company, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Company. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Company or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Company pursuant to Title V of the XxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal informationtimx xx xxxx. In this Xx xxxx regard, 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 BIM or the Fund Company and its shareholders. B. Each 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. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, Trust all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund 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. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM the Fund, which approval shall not be unreasonably withheld and may not be withheld where 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, provided that USBFS will promptly notify the Fund of such request if permitted by applicable law, or (iii) when so requested by BIMthe Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Fund or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Fund pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directorstrustees, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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, provided that USBFS shall promptly notify the Trust of such request if permitted by applicable law, or (iii) when so requested by BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrusts, all records and other information relative to BIM or the Fund Trusts and prior, present, or potential shareholders of the Fund 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 BIM Madison, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMMadison. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM or its agentsMadison, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM Madison and the Trusts pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trusts and its its’ shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM TAM or the Fund’s business, all records and other information relative to BIM or TAM and the Fund Funds and prior, present, or potential shareholders of the Fund Funds (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 BIM TAM, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMTAM. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM TAM or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM TAM pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM TAM or the Fund Funds and its shareholders.

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where USBFS may be exposed to civil or criminal contempt proceedings for failure to comply, in which case such approval may not be unreasonably withheld, (ii) when requested to divulge such information by duly constituted authorities, or (iii) when so requested by BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund 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. A. USBFS agrees and TSC agree on behalf of itself themselves and its their directors, trustees officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the Fund (and clients of said shareholders), and not to use such records and information for any purpose other than the performance of its their responsibilities and duties hereunder, except (i) after prior notification to and approval in writing by BIM the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS or TSC 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 BIMthe Fund. Records and other information which have become known to the public through no wrongful act of USBFS and TSC or any of its their employees, agents or representatives, and information that was already in the possession of USBFS and TSC prior to receipt thereof from BIM the Fund or its agentsagent, shall not be subject to this paragraph. Further, USBFS and TSC will adhere to the privacy policies adopted by BIM the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, USBFS and TSC 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 BIM or the 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. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundCompanies, all records and other information relative to BIM or the Fund Companies and prior, present, or potential shareholders of the Fund Companies (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 BIM the Companies, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Companies. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Companies or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Companies pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Companies and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS A. USBGFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS USBGFS 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 BIMthe Fund. Records and other information which have become known to the public through no wrongful act of USBFS USBGFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS USBGFS prior to receipt thereof from BIM the Fund or its agentsagents or service providers, shall not be subject to this paragraph. Further, USBFS USBGFS will adhere to the privacy policies adopted by BIM the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, USBFS USBGFS 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 BIM or the 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. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM the Fund, which approval shall not be unreasonably withheld and may not be withheld where USBFS 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 BIMthe Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Fund or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM pursuant the Fund and to Title V of the Xxxxx-Xxxxx-Xxxxxx ActAct and other applicable laws, rules or regulations, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundCompany, all records and other information relative to BIM or the Fund Company and prior, present, or potential shareholders of the 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 BIM the Company, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Company. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Company or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Fund pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, or other applicable laws, rules or regulations, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. A. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the Fund, all records and other information relative to BIM or the Fund and prior, present, or potential shareholders of the 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 BIM the Fund, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Fund. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Fund or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Fund pursuant to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund and its shareholders. B. The Fund, on behalf of itself and its trustees and officers, 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. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundTrust, all records and other information relative to BIM or the Fund Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Trust pursuant to Title V of the XxxxxGxxxx-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 Trust set forth in the prospectuses and Massachusetts 201 CMR 17.00 standards for the protection statement of personal additional information. In this regard, 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 BIM or the Fund Trust and its shareholders.

Proprietary and Confidential Information. USBFS agrees on behalf of itself and its directors, officers, and employees to treat confidentially and as proprietary information of BIM or the FundAdviser and the Trust, all records and other information relative to BIM or the Fund Adviser and the Trust and prior, present, or potential shareholders of the Fund 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 BIM the Trust, which approval shall not be unreasonably withheld and may not be withheld where 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 BIMthe Adviser or the Trust. Records and other information which have become known to the public through no wrongful act of USBFS or any of its employees, agents or representatives, and information that was already in the possession of USBFS prior to receipt thereof from BIM the Trust or its agentsagent, shall not be subject to this paragraph. Further, USBFS will adhere to the privacy policies adopted by BIM the Adviser and the Trust pursuant to Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act, as may be modified from time to time, and Massachusetts 201 CMR 17.00 standards for the protection of personal information. In this regard, 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 BIM or the Fund Trust and its shareholders.