Common use of Trust Advertising Material Clause in Contracts

Trust Advertising Material. No piece of advertising or sales literature or other promotional material in which the Trust or the Distributor is named shall be used by the Company or any person directly or indirectly authorized by the Company, including without limitation, underwriters, distributors, and sellers of the Contracts, except with the prior written consent of the Trust or the Distributor, as applicable, as to the form, content and medium of such material, which consent shall not be unreasonably withheld; provided that such prior written consent shall not be required if the Company receives a written or facsimile acknowledgement from the Trust or the Distributor that such material has been received by the Trust or the Distributor for review at least 10 Business Days prior to its use, and, after the expiration of such 10 Business Day period, the Trust or the Distributor has not commented upon the content of such material and is therefore deemed to consent to its use. No further changes may be made to material approved in accordance with this Section 5.5 without obtaining the Trust's or Distributor's consent to such changes as set forth in the preceding sentence. The Trust or Distributor may at any time in its sole discretion revoke such consent upon reasonable determination that such revocation is necessary, and upon notification of such revocation, the Company shall discontinue use of the material subject to such revocation, it being understood that the Company shall be afforded a reasonable period of time to discontinue such use. Until further notice to the Company, the Trust has delegated its rights and responsibilities under this provision to the Distributor.

Trust Advertising Material. No piece of advertising or sales literature or other promotional material in which the Trust or the the-Distributor is named (including, without limitation, material for prospects, existing Contract Owners, brokers, rating or ranking agencies, or the press, whether in print, radio, television, video, Internet, or other electronic medium) shall be used by the Company or any person directly or indirectly authorized by the Company, including without limitation, underwriters, distributors, and sellers of the Contracts, except with the prior written consent of the Trust or the Distributor, as applicable, as to the form, content and mad medium of such material, which consent shall may not be unreasonably withheld; provided that . Any such piece shall be furnished to the Trust for such consent at least seven (7) business days prior to its use. The Trust or the Distributor shall respond to any request for written consent within five (5) business days after receipt of such material, but failure to respond shall not relieve the Company of the obligation to obtain the prior written consent shall not be required if the Company receives a written or facsimile acknowledgement from of the Trust or the Distributor that such material has been received by Distributor. After receiving the Trust Trust’s or the Distributor for review at least 10 Business Days prior to its use, and, after the expiration of such 10 Business Day period, the Trust or the Distributor has not commented upon the content of such material and is therefore deemed to Distributor’s consent to its use. No the use of any such material, no further changes may be made to material approved in accordance with this Section 5.5 disclosure concerning the Trust or the Distributor without obtaining the Trust's ’s or Distributor's ’s consent to such changes as set forth in the preceding sentencechanges. The Trust or Distributor may at any time in its sole discretion discretion, acting in good faith, revoke such consent upon reasonable determination that such revocation is necessarywritten consent, and upon notification of such revocation, the Company shall discontinue no longer use of the material subject to such revocation, it being understood that the Company shall be afforded a reasonable period of time to discontinue such use. Until further notice to the Company, the Trust has delegated its rights and responsibilities under this provision to the Distributor.

Trust Advertising Material. No piece of advertising or sales literature or other promotional material in which the Trust or the Distributor is named (including, without limitation, material for prospects, existing Contract Owners, brokers, rating or ranking agencies, or the press, whether in print, radio, television, video, Internet, or other electronic medium) shall be used by the Company Nationwide or any person directly or indirectly authorized by the CompanyNationwide, including without limitation, underwriters, distributors, and sellers of the Contracts, except with the prior written consent of the Trust or the Distributor, as applicable, as to the form, content and medium of such material, which consent shall not be unreasonably withheld; provided that such prior written consent shall not be required if the Company Nationwide receives a written or facsimile acknowledgement from the Trust or the Distributor that such material has been received by the Trust or the Distributor for review at least 10 Business Days prior to its use, and, after the expiration of such 10 Business Day period, the Trust trust or the Distributor has not commented upon the content of such material and is therefore deemed to consent to its use. No further changes may be made to material approved in accordance with this Section 5.5 without obtaining the Trust's ’s or Distributor's ’s consent to such changes as set forth in the preceding sentence. The Trust or Distributor may at any time in its sole discretion reasonably revoke such consent upon reasonable determination that such revocation is necessarywritten consent, and upon notification of such revocation, the Company Nationwide shall discontinue no longer use of the material subject to such revocation, it being understood that the Company shall be afforded a reasonable period of time to discontinue such use. Until further notice to the CompanyNationwide, the Trust has delegated its rights and responsibilities under this provision to the Distributor.

Trust Advertising Material. No piece of advertising or sales literature or other promotional material in which the Trust or the Distributor is named (including, without limitation, material for prospective and/or existing Contract Owners, brokers, rating or ranking agencies, or the press, whether in print, radio, television, video, Internet, or other electronic medium) shall be used by the Company or any person directly or indirectly authorized by the Company, including without limitation, underwriters, distributors, and sellers of the Contracts, except with the prior written consent of the Trust or the Distributor, as applicable, as to the form, content and medium of such material, which consent shall may not be unreasonably withheld; provided that . Any such prior written consent piece shall not be required if the Company receives a written or facsimile acknowledgement from furnished to the Trust or the Distributor that for such material has been received by the Trust or the Distributor for review consent at least 10 Business Days prior to its use, and, . The Trust or the Distributor shall respond to any request for written consent within 7 Business Days after the expiration receipt of such 10 Business Day periodmaterial, but failure to respond shall not relieve the Company of the obligation to obtain the prior written consent of the Trust or the Distributor has not commented upon Distributor. After receiving the content of such material and is therefore deemed to Trust's or Distributor's consent to its use. No the use of any such material, no further material changes or changes relating to information concerning the Trust may be made to material approved in accordance with this Section 5.5 without obtaining the Trust's or Distributor's consent to such changes as set forth in the preceding sentencechanges. The Trust or Distributor may at any time in its sole discretion revoke such written consent upon for reasonable determination that such revocation is necessarycause, and upon notification of such revocationrevocation in writing, the Company shall promptly discontinue its use of the material subject to such revocation, it being understood that the Company shall be afforded a reasonable period of time to discontinue such use. Until further notice to the Company, the Trust has delegated its rights and responsibilities under this provision to the Distributor.

Trust Advertising Material. No piece of advertising or sales literature or other promotional material in which the Trust or the Distributor is named (including, without limitation, material for prospects, existing Contract Owners, brokers, rating or ranking agencies, or the press, whether in print, radio, television, video, Internet, or other electronic medium) shall be used by the Company or any person directly or indirectly authorized by the Company, including without limitation, underwriters, distributors, and sellers of the Contracts, except with the prior written consent of the Trust or the Distributor, as applicable, as to the form, content and medium of such material, which consent shall may not be unreasonably withheld; provided that . Any such prior written consent piece shall not be required if the Company receives a written or facsimile acknowledgement from furnished to the Trust or the Distributor that for such material has been received by the Trust or the Distributor for review consent at least 10 15 Business Days prior to its use, and, . The Trust or the Distributor shall respond to any request for written consent within 10 Business Days after the expiration receipt of such 10 Business Day periodmaterial, but failure to respond shall not relieve the Company of the obligation to obtain the prior written consent of the Trust or the Distributor has not commented upon Distributor. After receiving the content of such material and is therefore deemed to Trust's or Distributor's consent to its use. No the use of any such material, no further changes may be made to material approved in accordance with this Section 5.5 without obtaining the Trust's or Distributor's consent to such changes as set forth in the preceding sentencechanges. The Trust or Distributor may at any time in its sole discretion discretion, reasonably exercised, revoke such consent upon reasonable determination that such revocation is necessarywritten consent, and upon notification of such revocation, the Company shall discontinue no longer use of the material subject to such revocation, it being understood that the Company shall be afforded a reasonable period of time to discontinue such use. Until further notice to the Company, the Trust has delegated its rights and responsibilities under this provision to the Distributor.

Trust Advertising Material. No piece of advertising or sales literature or other promotional material in which the Trust trust or the Distributor is named shall be used by the Company or any person directly or indirectly authorized by the Company, including without limitation, underwriters, distributors, and sellers of the Contracts, except with the prior written consent of the Trust or the Distributordistributor, as applicable, as to the form, content and medium of such material, which consent shall not be unreasonably withheld; provided that such prior written consent shall not be required if the Company receives a written or facsimile acknowledgement from the Trust or the Distributor that such material has been received by the Trust or the Distributor for review at least 10 Business Days prior to its use, and, after the expiration of such 10 Business Day period, the Trust or the Distributor has not commented upon the content of such material and is therefore deemed to consent to its use. No further changes may be made to material approved in accordance with this Section 5.5 without obtaining the Trust's or Distributor's consent to such changes as set forth in the preceding sentence. The Trust or Distributor may at any time in its sole discretion revoke such consent upon reasonable determination that such revocation is necessary, and upon notification of such revocation, the Company shall discontinue use of the material subject to such revocation, it being understood that the Company shall be afforded a reasonable period of time to discontinue such use. Until further notice to the Company, the Trust has delegated its rights and responsibilities under this provision to the Distributor.