Common use of Reference to Adviser and Subadviser Clause in Contracts

Reference to Adviser and Subadviser. (a) The Adviser may refer to the Subadviser in written materials only to the extent required by applicable law or as agreed to between the parties (it being understood that, in particular, no reference shall be made to the amount of compensation received by the Subadviser hereunder unless required by applicable law), subject to the review and approval of the written material by the Subadviser prior to the written materials use. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall not, in its materials, refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser, the Primary Subadviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser or Primary Subadviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser or Primary Subadviser, which approval shall not be unreasonably withheld or delayed, except to the extent required by applicable law. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Reference to Adviser and Subadviser. (a) The Adviser may refer to the Subadviser in written materials only to the extent required by applicable law or as agreed to between the parties (it being understood that, in particular, no reference shall be made to the amount of compensation received by the Subadviser hereunder unless required by applicable law)grants, subject to the review conditions below, the Adviser non-exclusive rights to use, display and approval promote trademarks of the written material Subadviser solely in conjunction with any activity reasonably associated with the Fund and the Subadviser’s responsibilities hereunder. In addition, the Adviser may promote the identity of and services provided by the Subadviser prior to the written materials useAdviser under this Agreement, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall not, in submit to the Subadviser for its materials, review and approval all such public informational materials relating to the Fund that refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser, the Primary Subadviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser or Primary Subadviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser or Primary Subadviser, which approval Approval shall not be unreasonably withheld by the Subadviser and notice of approval or delayeddisapproval will be provided in a timely manner. Subsequent advertising or promotional materials having very substantially the same form as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Subadviser. Nothing herein shall imply or result in Subadviser having any responsibility for the content of any materials used or developed by the Adviser, the Trust or the Fund, except to the extent required by applicable law. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of that the Subadviser to satisfy the foregoing obligationprovides its written approval of such materials.

Reference to Adviser and Subadviser. (ai) The Adviser may refer to the Subadviser in written materials only to the extent required by applicable law or as agreed to between the parties (it being understood that, in particular, no reference shall be made to the amount of compensation received by the Subadviser hereunder unless required by applicable law), subject to the review and approval of the written material by the Subadviser prior to the written materials use. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall not, in its materials, refer to any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser, the Primary Subadviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser or Primary Subadviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser or Primary Subadviser, which approval shall not be unreasonably withheld or delayed, except to the extent required by applicable law. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy the foregoing obligation.

Reference to Adviser and Subadviser. (a) The Adviser may refer Subject to the Subadviser in written materials only to the extent required by applicable law or as agreed to between the parties (it being understood thatSubadviser’s approval, in particular, no reference shall be made to the amount of compensation received by the Subadviser hereunder unless required by applicable law)grants, subject to the review conditions below, the Adviser non-exclusive rights to use, display and approval promote trademarks of the written material Subadviser in conjunction with any activity associated with the Fund. In addition, the Adviser may promote the identity of and general services provided by the Subadviser prior to the written materials useAdviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials. The Adviser shall protect the goodwill and reputation of the Subadviser in connection with marketing and promotion of the Fund. The Adviser shall notsubmit to the Subadviser for its review and approval all such public informational materials relating to the Fund that reference anything about the Subadviser, in its materials, refer to including the use of any recognizable variant or any registered xxxx or logo or other proprietary designation of the Subadviser. Neither the Subadviser nor any Affiliate or agent of Subadviser shall make reference to or use the name of the Adviser, the Primary Subadviser or any of its Affiliates, or any of their clients, except references concerning the identity of and services provided by the Adviser or Primary Subadviser to the Fund or to the Subadviser, which references shall not differ in substance from those included in the Prospectus, SAI and this Agreement, in any advertising or promotional materials without the prior approval of Adviser or Primary Subadviser, which approval Approval shall not be unreasonably withheld or delayed, except to the extent required by applicable law. The Subadviser hereby agrees to make all reasonable efforts to cause any Affiliate of the Subadviser to satisfy and notice of approval or disapproval will be provided in a timely manner. Subsequent advertising or promotional materials regarding the foregoing obligationFund that have been previously approved by the Subadviser having substantially the same form and content as previously approved by the Subadviser may be used by the Adviser without obtaining the Subadviser’s consent unless such consent is withdrawn in writing by the Sub-Adviser.